Decision details

Change of use of the existing industrial units to a Materials Recycling Facility (MRF) with External Ancillary Works. Units 2A and 2B, Birch Close, Eastbourne BN23 6NY

Decision Maker: Planning Committee

Decision status: Recommendations approved

Is Key decision?: No

Is subject to call in?: No

Purpose:

Change of use of the existing industrial units to a Materials Recycling Facility (MRF) with External Ancillary Works. Units 2A & 2B, Birch Close, Eastbourne, BN23 6NY For Links Waste Management Ltd – EB/751/CM

Decisions:

14.1     The Committee considered a report by the Director of Communities, Economy and Transport. Officers confirmed that two additional representations had been received and circulated since the publication of the agenda.  The Chair reported the comments of Councillor Tutt, the Local Member. 

 

14.2     Dan Stone, the applicant, and Alan Potter, his agent, spoke in support of the application. 

 

14.3     A motion to amend the recommendation, so as to grant a temporary permission for three years, was proposed, seconded, voted on and lost. 

 

14.4     Members have considered the officer’s report and comments of the public speakers and Local Member, and agree with the conclusions and reasons for recommendation as set out in paragraph 5 of the report.

 

14.5     RESOLVED to grant planning permission 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.      Within one month of the date of this permission, the sleeper walls shall be constructed in accordance with the following approved plans and details:

        

         -Drawing plan titled ‘Existing elevations and proposed acoustic barrier’ (front and side elevations) dated 30/04/2015 (Ref. L02 Rev B)

         -Drawing plan titled ‘Existing elevations and proposed acoustic barrier section’ (rear elevation) dated 06/05/2015 (Ref. L03 Rev B)

         -Document titled ‘Details of Acoustic Barrier Construction’ dated 12/06/2015

         -Approved plan L.01 Rev H 'Site Layout Plan' (dated 04/06/2015) and thereafter maintained for the life of development.

        

         Reason: In order to mitigate noise disturbance and in the interests of protecting the amenities of the locality in accordance with Policy WMP25 of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Local Plan 2013.

        

4.      No machinery shall be operated and no process shall be carried out other than between the hours of 07.00 and 19.00 on Mondays to Fridays inclusive and between 07.00 and 14.00 on Saturdays and not at any time on Sundays, Bank and Public Holidays except of works for essential maintenance or which are to respond to an emergency. No later than one week after the carrying out of such works, full details of the time, date, reason for and nature of the works shall be given in writing to the Director of Communities, Economy and Transport.

        

         Reason: In the interests of protecting the amenities of the locality in accordance with Policy WMP25 of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Local Plan 2013.

        

5.      The following operations shall not take place on site other than between the hours of 07.30 and 17.30 on Mondays to Fridays inclusive and between 07.30 and 13.30 on Saturdays:

         (a) the removal of waste and loading of vehicles

         (b) any deliveries or importation of waste to the site, including unloading of  vehicles

         (c) the servicing or repair of any vehicle 

        

         except with the prior written consent of the Director of Communities, Economy and Transport.

        

         Reason: In the interests of protecting the amenities of the locality in accordance with Policy WMP25 of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Local Plan 2013.

           

6.      The maximum number of vehicle movements (excluding staff and other car movements) associated with the permitted use of the site shall not exceed 54 movements per day (i.e. 27 in and 27 out per day)

        

         Reason: In the interests of amenity and highway safety and to comply with Policies WMP25 (a) and WMP26 (c) of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013.

        

7.      Within one month of the date of this permission, the car parking spaces indicated on the approved plan L.01 Rev H ‘Site Layout Plan’ (dated 04/06/2015) shall be marked out and installed and thereafter shall be kept available at all times for the parking and stationing of vehicles associated with Units 2a and 2b, and shall not be used for any other purpose.

           

         Reason: To ensure the provision of appropriate vehicle parking for the use hereby permitted, in accordance with Policy WMP26 of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Local Plan 2013.

           

8.      The secure cycle storage room/building indicated on the approved plan L.01 Rev H ‘Site Layout Plan’ (dated 04/06/2015) shall be retained throughout the life of the development and shall be made available at all times for the parking and storage of staff and visitor bicycles.

        

         Reason: To ensure the provision of appropriate cycle storage for the use hereby permitted, in accordance with Policy WMP26 of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Local Plan 2013.

        

9.      The turning space for vehicles as identified on approved drawing ‘Site Layout Plan’ L.01 Rev H (dated 04/06/2015) shall be retained for use as a turning space for vehicles and for no other use.

        

         Reason: To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway in accordance with Policy WMP26 of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013

        

10.    No storage container, skip, sorted or unsorted waste material or residue of recycled materials shall be stored outside the building other than wrapped or bound bales, which may be stored within the area identified as the 'Baled Waste Storage Area' on approved plan L.01 Rev H dated 04/06/2015 (that is the area to the southeast of the building).

           

         Reason: In the interests of amenity of the locality in accordance with Policy WMP25 of the East Sussex and Brighton & Hove Waste Local Plan 2013.

        

11.    Other than the moving of, setting down or loading of bales onto lorries (in accordance with the provisions of Condition 10 above), no sorting, treatment, loading or unloading of waste, recyclable materials or any other materials shall take place other than within the building.

           

         Reason: In the interests of amenity of the locality in accordance with Policy WMP25 of the East Sussex and Brighton & Hove Waste Local Plan 2013.

        

12.    No bales shall be stacked or deposited to a height exceeding 2.4 metres, measured from ground level on the site.

              

         Reason: In the interests of amenity of the locality in accordance with Policy WMP25 of the East Sussex and Brighton & Hove Waste Local Plan 2013.

        

13.    Notwithstanding the provisions of Part 7, Class L of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification) no buildings, plant or machinery shall be extended, altered or installed at the site (other than as expressly authorised by this permission).

        

         Reason: To enable the County Planning Authority to control the future use of the site in order to protect the character and amenity of the area in accordance with Policy WMP25 of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Local Plan 2013.

        

14.    The rating level of the operational noise emitted from the site shall not exceed the background noise level at any time, as measured at Linden Court and St Anthony’s Court and in accordance with BS 4142:2014.

        

         Reason: In order to mitigate noise disturbance and in the interests of protecting the amenities of the locality in accordance with Policy WMP25 of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Local Plan 2013.

        

15.    Within 3 months of the site becoming fully operational or within 6 months of the date of this permission (whichever is the sooner), a noise monitoring report shall be submitted in writing to the Director of Communities, Economy and Transport, to assess compliance with the above condition and, to outline and implement additional mitigation measures, if deemed necessary by the Director of Communities, Economy and Transport, to ensure compliance.

        

         Reason: In order to mitigate noise disturbance and in the interests of protecting the amenities of the locality in accordance with Policy WMP25 of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Local Plan 2013.

        

16.    Unless otherwise agreed in writing by the Director of Communities, Economy and Transport, the roller shutter doors at the front of the building shall remain closed at all times, except when bulked up waste is being removed from the site by HGVs.

        

         Reason: In the interests of amenity of the locality in accordance with Policy WMP25 of the East Sussex and Brighton & Hove Waste Local Plan 2013.

 

17.    The trommel or any other mechanical processing equipment shall not be in use or operation at any time when either of the roller shutter doors at the front of the building are open.

        

         Reason: In the interests of amenity of the locality in accordance with Policy WMP25 of the East Sussex and Brighton & Hove Waste Local Plan 2013.

           

18.    Within 2 months of the date of this permission, full details of the Dust Extraction System to be installed shall be submitted to and approved in writing by the Director of Communities, Economy and Transport.  The approved Dust Extraction System shall be installed within 1 month of its approval and maintained at all times in full working order in accordance with the manufacturer's instructions.

        

         Reason: In the interests of amenity of the locality in accordance with Policy WMP25 of the East Sussex and Brighton & Hove Waste Local Plan 2013.

        

Schedule of Approved Plans

 

P01 Rev D- Block Plan, Supporting Statement Rev 1, Dust Management Plan, Transport Statement dated March 2015, LWM BC Scheme Amendments v0.1 030615, LWM BC Site Layout Plan L.01 REVH 110615, LO3 Rev B Existing Elevations and proposed Acoustic Barrier Section, LO2 Rev B - Existing Elevations and proposed Acoustic Barrier , Details of Acoustic Barrier Construction 120615, Advice Note - LWM Birch Close Permitting v1.0 01.06.14

 

 

Report author: Rupert Clubb

Publication date: 01/07/2015

Date of decision: 24/06/2015

Decided at meeting: 24/06/2015 - Planning Committee

Accompanying Documents: