Agenda item

Report by the Head of Planning and Environment

38.1     The Committee considered a report by the Head of Planning and Environment together with written representation from Councillor Bennett, the Local Member.

 

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

 

38.3     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.

 

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

 

3.         The scheme for the provision of a telephone line for dealing with complaints from members of the public which was approved on 3 March 2008 shall continue to be operated in full accordance with the approved details.

 

Reason: To secure the monitoring of the development 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 Plan 2013.

 

4.         Notice in writing of any complaint made by a member of the public about any matter associated with the development shall be given to the Head of Planning and Environment no later than the next working day after the complaint was received. The notice shall include a description of the complaint, the name and address of the person making the complaint and the action proposed as a result.

 

Reason: To secure the monitoring of the development 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 Plan 2013.

 

5.         The scheme for controlling dust during operations of the plant which was approved on 23 July 2008 shall continue to be carried out in accordance with the approved details.

 

Reason: To control emissions of dust 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 Plan 2013.

 

6.         During the operation of the centralised composting facility the noise rating level from all operational activities shall not exceed:

 

A) 45 dB LAeq, 1h (free-field) at any residential boundary between the hours of 07.00 - 18.00 Mondays to Fridays inclusive (save Bank Holidays) and 08.00 - 16.00 Saturdays and all noise sources will be free from any discernible characteristics, such as tonal or impulsive noise.

 

B) 40 dB LAeq, 1h (free field) at any residential boundary between the hours of 18.00 - 23.00 Mondays to Fridays inclusive, and 07.00 - 08.00 and 16.00 - 23.00 hours Saturdays, and 07.00 - 23.00 hours Sundays and Bank Holidays, and all noise sources will be free from any discernible characteristics, such as tonal or impulsive noise.

 

C) 26 dB LAeq, 15 mins (free-field) at any residential boundary between the hours of 23.00 - 07.00 every day, and all noise sources will be free from any discernible characteristics, such as tonal or impulsive noise.

 

All noise rating levels to be determined in accordance with BS 4142:2014+A1:2019.

 

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

 

7.         No outdoor operational activities, except HGV and eHGV movements permitted by Condition 8, will be permitted outside of the hours of 08.00 - 18.00 Mondays to Fridays inclusive and 08.00 - 13.00 Saturdays, without the prior written consent of the Head of Planning and Environment, other than in the event of an emergency, written details of which shall be provided to the Head of Planning and Environment within three calendar days of the event.

 

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

 

8.         There shall be no HGV and eHGV movements associated with this development other than between the hours of 07.00 and 18.00 hours Mondays to Fridays inclusive (save Bank Holidays) and 08.00 to 16.00 hours on Saturdays, Sundays or Bank Holidays or during an emergency full details of the time, date and reason for the HGV or eHGV movement shall be given in writing no later than 24 hours after there has been an HGV or eHGV movement during an emergency to the Head of Planning and Environment.

 

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 Plan 2013.

 

9.         Waste imported to the composting facility shall be restricted to source segregated green and food wastes collected by the Waste Collection Authorities in the administrative areas of East Sussex County Council and Brighton & Hove City Council, and any other suitable waste arising in these areas, up to a maximum annual (1 April - 31 March) tonnage of 60,000 tonnes of material including up to a maximum of 15,000 tonnes of source segregated food waste, and to other appropriate municipal and commercial waste from outside these areas in the event that the facility has capacity in excess of that required to meet the needs of locallysourced waste. No material shall be imported to the site unless and until all odour control facilities including negative air-pressure systems and biofilters are provided. Thereafter, the odour control arrangements shall be maintained in full working order in accordance with the Odour Management Plan.

 

Reason: To conform to Policy WMP3b of East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013, and 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 Plan 2013.

 

10.       No compostable material shall be stored outside the building unless the material is oversized or the direct product of wood chipping where all such material shall only be stored either within the oversized storage bay or wood chipping area shown on drawing A4621-301 Rev Q approved under planning permission WD/457/CM, except where otherwise agreed in advance in writing by the Head of Planning and Environment.

 

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

 

11.       The scheme for the illumination of the external faces of the site buildings, structures or other external areas which was approved on 19 January 2009 shall continue to be implemented in accordance with the approved details.

 

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

 

12.       Any fuel, oil lubricant and other potential pollutants shall be handled on the site in such a manner as to prevent pollution of any watercourse or aquifer. For any liquid other than water, this shall include storage in suitable tanks and containers which shall be housed in an area surrounded by bund walls of sufficient height and construction so as to contain the equivalent of 110% of the total content of all containers and associated pipework. The floor and walls of the bunded areas shall be impervious to both oil and water. The pipes shall vent downwards into the bund.

 

Reason: To prevent pollution to land and water in accordance with Policy WMP28b of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013.

 

13.       Unless with the prior written approval of the Head of Planning and Environment, there shall be no more than an average, when measured over 1 year (1 April - 31 March), of 94 HGV (i.e. lorries in excess of 7.5 tonnes un-laden weight) movements per day (i.e. 47 in and 47 out) entering or leaving the site and, in any event, on any one day there shall be no more than 142 HGV movements entering or leaving the site.

 

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 Plan 2013.

 

14.       Notwithstanding the provisions of the Town and Country Planning (Use classes) Order 1987 (or any order revoking and re-enacting that Order with or without modification) no other uses of the building shall take place, other than as expressly authorised by this permission.

 

Reason: To enable the Head of Planning to control the future use of the site 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 Plan 2013.

 

15.       Other than four Roll-On Roll-Off (RORO) containers and two shipping containers hereby permitted which shall only be used in connection with the composting site, no other storage containers, skip sorted or unsorted waste material or residue of recycled materials or any other items shall be stored outside the building, except with the prior written consent of the Head of Planning and Environment.

 

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 Plan 2013.

 

16.       There shall be no processing machinery operating outside the building or any treatment, sorting, loading or unloading of waste or recyclable materials other than within the building, unless otherwise agreed in writing by the Head of Planning and Environment.

 

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 Plan 2013.

 

17.       There shall be no servicing or maintenance of Heavy Goods Vehicles on the site except for emergency repairs for the reasons of road safety.

 

Reason: To enable the Head of Planning and Environment to control the future use of the site 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 Plan 2013.

 

18.       No retail sales to the public shall take place on the site.

 

Reason: To enable the Head of Planning and Environment to control the future use of the site 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 Plan 2013.

 

19.       The Travel Plan which was approved on 28 September 2009 shall continue to remain in force and be developed in accordance with the approved details.

 

Reason: To increase awareness and use of alternative modes of transport for travel to and from the site.

 

20.       The scheme for surface water drainage which was approved on 30 June 2008 shall be maintained in accordance with the approved details.

 

Reason: To prevent an increase in the risk of flooding in accordance with Policy WMP28a of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013.

 

21.       There shall be no new buildings, structures (including ponds, gates, walls and fences), car parks, tree planting or construction of raised ground levels within 3 metres of the adjacent watercourses, inside or along the boundary of the site, unless agreed otherwise in writing by the Head of Planning and Environment.

 

Reason: To protect the watercourse corridor, in accordance with Policies WMP28a and WMP28b of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013.

 

22.       The handling/storage areas where waste is received, handled, treated or stored must have an impervious base and be designed to ensure the containment of potentially polluting process liquors and all contaminated surface water.

 

Reason: To prevent the contamination of water sources in accordance with Policies WMP28a and WMP28b of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013.

 

INFORMATIVES

 

1.         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 this permission does not require the approval of a biodiversity gain plan before development is begun because one of the statutory exemptions or transitional arrangements listed is relevant.

 

2.         Introduction of fish into any pond requires the consent of the Environment Agency.

 

3.         Under the terms of the Water Resources Act 1991 written approval of the Environment Agency is required for any discharge of sewage or trade effluent into controlled waters and may be required for any discharge of sewage or trade effluent from buildings or fixed plant into or onto the ground or into waters which are not controlled waters. Such approval may be withheld. (Controlled waters include rivers, streams, underground waters, reservoirs, estuaries and coastal waters). The applicant is advised to contact the Regulatory Water Quality Team to discuss this matter further.

 

4.         The applicant remains bound by the provisions of the S.106 Deed of Agreement dated 14th September 2007 and the subsequent Deed of Variation made on 18th December 2013.

 

Schedule of Approved Plans and Documents

 

Ves Td Wood 200 002 Rev Woodland Composting New Weighbridge Site Location Plan 002, Ves Td Wood 200 000 Rev Woodland Composting New Weighbridge Proposed Site Layout 000, Woodlands 2025 Vocs Supporting Statement, Woodlands IVC Further Information Document October 2025