Agenda item

Report by the Director of Communities, Economy and Transport  

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

 

37.2     Mr George Massingham (agent for the applicant) spoke for the recommendation for granting planning permission.

 

37.3     Councillor James MacCleary, the Local Member spoke to highlight concerns regarding noise, emissions, odour, vehicle movements and visual impact associated with the site.

 

37.4     Committee Members have considered the report, together with the comments of the public speaker and Local Member and agree with the conclusions and reasons for the recommendation set out in paragraph 8.1 of the report.

 

37.5     The Committee unanimously 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 and documents listed in the Schedule of Approved Plans and Documents.

 

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

 

3.         The temporary storage containers hereby permitted in the north of the site shall be removed by 31 August 2026. Prior to the area being brought into use for any other purpose, the applicant shall submit details of the permanent use of the area to the Wate Planning Authority for approval in writing, unless otherwise agreed in writing by the Director of Communities, Economy and Transport.

 

The approved permanent use of the area shall thereafter be implemented in accordance with the approved details.

 

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

 

4.         Use of Berth 1, North Quay Road, Newhaven on land under the control of applicant for the importation, storage and processing of mineral, demolition and construction wastes pursuant to planning permission LW/574/CM shall cease on the implementation of any external processing activities allowed by permission LW/894/CM. If processing activities under permission LW/894/CM cease, the applicant shall notify the Planning Authority prior to bringing Berth 1 back into use for external processing.

 

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

 

5.         Prior to the construction of the covered storage bay and the relocation of the crusher and screener to the north of the site an ecological design strategy (EDS) addressing enhancement of the site shall be submitted to and approved in writing by the Director of Communities, Economy and Transport. The EDS shall include provision of a minimum of 190sqm of wildflower grassland along the northern boundary of the site. Details should include, location, dimensions, build-up/depth, low nutrient substrate/soil type, native plant species list and percentages, sowing density or turf type, initial aftercare and maintenance, long-term management which must include the removal of arisings, timetable of works and roles and responsibilities for implementing the works. Details on the edge design e.g. kerbing, to avoid damage from machines or spill from stockpiled material being processed adjacent to it and additional features such as log piles/bee banks/substrate piles of value to insects should also be provided. The EDS should be written by an ecologist with experience of specifying wildflower grassland creation and management. The EDS shall be implemented in accordance with the approved details and all features shall be retained in that manner thereafter.

 

Reason: To ensure provision of measures considered necessary to enhance the site to provide a net gain for biodiversity as required by Section 40 of the Natural Environment and Rural Communities Act 2006, paragraphs 187 and 193 of the NPPF (December 2024) and local policy.

 

6.         The 500mm floodstop flood prevention barrier hereby approved in the north-east corner of the site shall remain closed at all times unless the operator requires use of the access in this area. The barrier shall be closed immediately after use. If the flood barrier is opened the operator shall inform the Planning Authority within 1 day of the flood barrier being opened and shall provide confirmation of its closure.

 

Reason: To ensure an appropriate means of flood enclosure is maintained.

 

7.         The covered storage bay hereby permitted in the north west of the site shall be finished in corrugated aluminium sheeting and coloured as follows:

 

External ground to roof level – RAL 6028 Green.

Roof and internal faces – RAL 7038 Grey.

 

Unless otherwise agreed in writing by the Director of Communities, Economy and Transport.

 

Reason: To help integrate the development into the existing site appearance and 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.

 

8.         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 Policy DM20 in the Lewes District Site Allocation and Development Management Policies 2020.

 

9.         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 Director of Communities, Economy and Transport for a remediation strategy detailing how this unsuspected contamination shall be dealt with. Construction shall be carried out in accordance with the approved remediation strategy thereafter.

 

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 Policy DM20 in the Lewes District Site Allocation and Development Management Policies 2020.

 

10.       Piling, or any other foundation designs, using penetrative methods shall not be permitted other than with the written consent of the Director of Communities, Economy and Transport, 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 Policy DM20 in the Lewes District Site Allocation and Development Management Policies 2020.

 

11.       The recycled aggregate product (RAP) shed and the aggregate storage bays shall accord with the details approved in East Sussex County Council's letter dated 17 March 2020, namely application for approval of details reserved by condition, dated 27 July 2019, including accompanying statement and plan and the following drawings: (1) Column Layout: 19.0675-101C; (2) Elevations Sheet 1: 19.0675-200; (3) Elevations Sheet 2: 19.0675-201; & (4) Roof Steelwork Layout & Details: 19.0675-110A.

 

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.

 

12.       External materials and finish including colour of buildings and/or structure of means of boundary enclosure shall accord with the details approved in East Sussex County Council's letter dated 25 August 2023, namely:

 

Asphalt plant and mixed material storage

 

Structures are clad in corrugated aluminium sheeting and coloured as follows:

 

Ground level to 13.15m height – RAL 6028 Green.

Above 13.15m – RAL 7038 Grey.

 

Aggregate storage sheds

 

Finished in corrugated aluminium sheeting and coloured as follows:

 

External ground to roof level – RAL 6028 Green.

Roof and internal faces – RAL 7038 Grey.

 

Bitumen tanks and fuel storage tanks

 

Full height and tops – RAL 6028 Green.

 

Fibre/colour pigment silos

 

Full height and tops – RAL 7031 Grey.

 

Offices, laboratory and messroom

 

Comprised of portacabins which are finished in RAL 6028 Green.

 

The development shall thereafter be carried out in accordance with the approved details, unless otherwise agreed in writing by the Director of Communities, Economy and Transport.

 

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.

 

13.       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:

i) 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 Director of Communities, Economy and Transport.

 

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.

 

14.       Within 3 months of the date of this permission, details of the technical design of the drainage system shall be submitted to and approved in writing by the Director of Communities, Economy and Transport.

 

Reason: To ensure that surface water runoff is controlled to ensure the development does not increase the risk of flooding in accordance with Policy WMP28a of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013.

 

15.       The development shall be implemented and operated in accordance with the Meridian Surface Water Drainage Strategy October 2024 Rev P01, unless otherwise agreed in writing by the Director of Communities, Economy and Transport.

 

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 WMP28a of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013.

 

16.       Prior to first use of the crusher and screener in the north of the site, 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 Director of Communities, Economy and Transport. The development shall thereafter be carried out in accordance with the approved details, unless otherwise agreed in writing by the Director of Communities, Economy and Transport.

 

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.

 

17.       The development shall be carried out in accordance with the Environmental Fleet Management Plan for the control and management of vehicles associated with site operations approved in East Sussex County Council's letter dated 17 March 2020, unless otherwise agreed in writing by the Director of Communities, Economy and Transport.

 

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.       Site lighting and CCTV shall be carried out in accordance with the approved details in East Sussex County Council's letter dated 22 December 2023, namely: Lighting Location Plan and Light specifications, unless otherwise agreed in writing by the Director of Communities, Economy and Transport.

 

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.       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.

 

20.       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 to Friday inclusive (excluding Bank and Public Holidays) and between 0700 and 1300 on Saturday unless otherwise agreed in writing by the Director of Communities, Economy and Transport.

 

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.       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 inclusive (excluding Bank and Public Holidays) and between 0730 and 1300 on Saturday unless otherwise agreed in writing by the Director of Communities, Economy and Transport.

 

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.

 

22.       Wharf usage shall be carried out in line with the details approved in East Sussex County Council's letter dated 22nd December 2023, namely:

 

Information as set out in the letter dated 7 August 2023 from PDE Consulting Limited reference 16/012/GM/23/026.

 

Reason: In the interests of monitoring the use of wharves to inform Policy

WMP15 of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Local Plan 2013.

 

INFORMATIVES

 

1.         The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning consent for a development does not provide a defence against prosecution under this Act. Trees, hedgerows and scrub/planted shrubs are assumed to contain nesting birds between 01 March and 31 August inclusive (although nesting can occur outside of these dates), unless a recent survey has been undertaken by a competent ecologist to assess the nesting bird activity on site during this period and has shown it is absolutely certain that nesting birds are not present.

 

2.         Consideration should 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 and Documents

 

1a -      Dust and Odour Analysis Report, 1b - Dust and Odour Emissions Management Plan, 2 - Surface Water Drainage Strategy, KD.NHVN.3.D.001 - Location Plan, KD.NHVN.3.D.003 - LPG Compound, Planning Application Supporting Statement 28 February 2025, Kd.nhvn.5.d.008 Elevations Storage Bay, Kd.nhvn.5.d.001a Revised Site Plan September 2025, Proposed Flood Defences Types and Locations