Agenda item

Report by the Director of Communities, Economy and Transport

20.1     The Committee considered a report by the Director of Communities, Economy and Transport.

 

20.2     Members have considered the report and agree with the conclusions and reasons for the recommendation set out in paragraph 8.1 of the report.

 

20.3     The Committee 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 drawings and documents listed in the Schedule of Approved Plans as referenced under planning application LW/799/CM (EIA).

        

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

 

3.         The site shall not be used for the development hereby permitted other than between the hours of 07.00 - 20.00 on Mondays to Fridays inclusive and 07.00 - 17.00 on Saturdays, except for the loading of train wagons with aggregate material, which shall take place between the hours of 06.00 - 20.00 on Mondays to Saturdays inclusive, excluding on Bank and Public Holidays. There shall be no activities outside these times except in an emergency or unless otherwise agreed in writing with the Director of Communities, Economy and Transport.

           

Reason: In the interests of safeguarding 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.         The movement of vehicles associated with the use hereby approved shall not take place except via the Newhaven port access road (McKinlay Way) to the east of the site. No such vehicles shall use the port access via Railway Road, Clifton Road and Beach Road, unless for reasons of an emergency.

           

Reason: In the interests of safeguarding 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.         All activities associated with operations permitted under application LW/799/CM(EIA) and details hereby approved regarding the extension of permitted processing hours, shall be carried out in accordance with The Operational Travel Plan approved under application LW/799/CM(EIA).

           

The operational travel plan shall be implemented in accordance with the approved details.

           

Reason: In the interests of safeguarding the amenities of the locality in accordance with Policy WMP 25 of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Local Plan 2013.

        

6.         All activities associated with operations permitted under application LW/799/CM(EIA) and details hereby approved regarding the extension of permitted processing hours, shall be carried out in accordance with the Dust Mitigation Scheme approved under application LW/799/CM(EIA).

           

The dust mitigation scheme shall be implemented in accordance with the approved details.

           

Reason: In the interests of safeguarding 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. 

        

7.         External lighting at the site shall be in accordance with details approved on 30 August 2018 under Condition 10 of LW/799/CM(EIA). No additional external lighting shall be installed on the site unless otherwise submitted to and agreed in writing by the Director of Communities, Economy and Transport.

        

Reason: To protect the general amenities of the area in accordance with Policy WMP25 of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Local Plan 2013.

 

8.         All activities associated with operations permitted under application LW/799/CM(EIA) and details hereby approved regarding the extension of permitted processing hours, shall be carried out in accordance with The Noise Management Plan approved under application LW/799/CM(EIA).

           

The noise management plan shall be implemented in accordance with the approved details.

           

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

 

9.         The noise rating level from the site shall at all times not exceed the measured background noise level at the nearest noise sensitive receptors at The Hope Inn, Newhaven Marina and Marine Drive, as shown at Appendix B in the Noise Assessment Report (ref. 4598), dated 12 October 2017, by WBM Acoustic Consultants, as measured in accordance with BS 4142:2014.

           

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

        

10.       The applicant shall notify the County Planning Authority of the commencement of the permitted extended hours. Within one month of the start of the permitted extended operating hours a noise monitoring assessment will be carried out by a suitably qualified independent 3rd party acoustic consultant, following recognised good practice, to determine compliance with condition 9 and a report submitted in writing to the Director of Communities, Economy and Transport.

 

The report shall:

        

a)      demonstrate whether the noise levels required by condition 9  are being achieved;

 

b)      if the survey does not demonstrate such compliance the report must include measures to reduce noise, which shall first be agreed in writing by the Director of Communities, Economy and Transport, such that the noise levels required by condition 9  will be met;

 

c)       These measures shall be implemented within a time period to be agreed by the Director of Communities, Economy and Transport, and compliance shall be demonstrated by a further noise survey, which must be submitted to and agreed in writing by the Director of Communities, Economy and Transport within a further 3 months of the measures being implemented.

           

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

        

11.       The Flood Risk Management measures, including proposed mitigation, as set out in Section 8.0 of the Water Environment and Flood Risk Assessment report by SLR Consulting Limited, dated October 2017 and approved under Permission LW/700/CM(EIA) shall be carried out as part of the development. The measures shall be fully implemented and subsequently maintained throughout the duration of the development.

        

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

        

 

         INFORMATIVES

 

1.         The permitted site operations will enable the production of recycled aggregate to be sold from the site.  As such the site operator will be required to make annual returns (detailing sales production and capacity) to the minerals planning authority in respect of the Aggregate Monitoring survey. This information will then be collated and sent to the South East Aggregate Working Party on behalf of the Government.

 

2.         The applicant is reminded that the site will be monitored as part of the County Council's Site Monitoring Policy, to ensure operations at the site remain in compliance with the conditions attached to the planning permission hereby approved.

 

3.         The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for the development of land in England is deemed to have been granted subject to the condition ("the biodiversity gain condition") that development may not begin unless: (a) a Biodiversity Gain Plan has been submitted to the planning authority, and (b) the planning authority has approved the plan. The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan if one is required in respect of this permission would be East Sussex County Council. There are statutory exemptions and transitional arrangements which mean that the biodiversity gain condition does not always apply. These are listed in paragraph 17 of Schedule 7A of the Town and Country Planning Act 1990 and the Biodiversity Gain Requirements (Exemptions) Regulations 2024.

        

         Based on the information available the permission does not require the approval of a biodiversity gain plan before development has begun because one of the statutory exemptions or transitional arrangements listed is relevant.

 

Schedule of Approved Plans and Documents

 

Supporting Statement, Site Noise Monitoring Report, Figure L-DR1 Rev A Site Location Plan, Wbm Technical Note 4903 Brett Newhaven August 2025 Rev2 (a), Wbm Technical Note 4903 Brett Newhaven August 2025 Rev2 (b)