DEVELOPMENT CONTROL AND REGULATION COMMITTEE A …

DEVELOPMENT CONTROL AND REGULATION COMMITTEE18 February 2015

A report by the Assistant Director of Environment & Regulatory Services_____________________________________________________________________________________________________

Application Refs. 3/14/9008, 3/14/9009 & 3/14/9010 District: Eden District Council

Parish: Hesket Parish CouncilApplicant: H&E TrotterLow DykeCalthwaite, Penrith PenrithReceived: 18 November 2014

Location: Land adj. to Thackwood Landfill Site, Monkcastle, Southwaite, Carlisle, CA4 0PZ

Ref. No. Proposal3/14/9008 Section 73 application to remove the time limit for operation imposed by

Condition 1 of Planning Consent 3/04/9012 so as to allow permanent retention of the composting and vermiculture facility.

3/14/9009 Section 73 application to remove the time limit for operation imposed by Condition 2 of Planning Consent 3/11/9012 so as to allow permanent retention of the septic screening and sludge recovery facility.

3/14/9010 Construction and use of 2 no. additional sludge storage tanks and associated hard standing.

1.0 RECOMMENDATION

1.1 That planning permission is Granted for planning application references 3/14/9008, 3/14/9009 and 3/14/9010 for the reasons stated in Appendix 1 and subject to the proposed planning conditions set out in Appendices 2, 3 and 4.

2.0 THE PROPOSALS

2.1 The first two applications (refs. 3/14/9008 and 3/14/9009) seek to remove the time limit for operation imposed by previous planning consents on the applicant’s existing composting and vermiculture facility (ref. 3/14/9008) and the septic screening and sludge recovery facility (ref. 3/14/9009) so as to allow permanent retention of these facilities.

2.2 The third application (ref. 3/14/9010) seeks full planning consent for the construction and use of two additional sludge storage tanks and associated hardstanding in relation to the septic screen and sludge recovery facility. The tanks would be cylindrical in form and of steel construction with a dark olive green colour finish and would measure approximately 23m in diameter and 7m in height from ground-level. The existing hardcore hardstanding would be extended to service these new tanks. The tanks would be used for the storage of screened septic tank sewage.

3.0 CONSULTATIONS AND REPRESENTATIONS

3.1 Eden District Council’s Planning Department has been consulted but no reply had been received when this report was prepared.

3.2 The Highway Authority has no objections.

3.3 The Environment Agency’s response provides pollution prevention advice and advises the applicant that adequate pollution prevention measures that are in line with the Environment Agency’s Pollution Prevention Guidelines 6 (Working at Construction and Demolition Sites) are put in place during construction works to protect ground waters and surface waters.

3.4 Eden District Council’s Environmental Health Department has no objections provided there is no increase in the existing amount of septic waste being processed and provided that the Odour Management Plan submitted as part of the application is kept up to date and maintained.

3.5 Hesket Parish Council reported that it had visited the site and that it fully supports the applications and has no objections.

3.6 Dalston Parish Council, which is a neighbouring parish, considered the applications at its meeting held on 9 December 2014 and reported that there were no observations.

3.7 Skelton Parish Council was also consulted as its parish boundary is in close proximity to the site however no reply had been received when this report was prepared.

3.8 Cumbria County Council’s Historic Environment Officer has no objections or comments.

3.9 The Health & Safety Executive and United Utilities were also consulted however no reply had been received from these organisations when this report was prepared.

3.10 The application site falls within the County Council electoral division of Greystoke & Hesket. The local member representing that division, Mr Bert Richardson, has been notified.

3.11 The local County Council members for the neighbouring electoral divisions of Wetheral and Dalston & Burgh, Mr Nick Marriner and Mr Trevor Allinson respectively, have also both been notified as the site is near to the boundary of their electoral divisions.

3.12 The application has been advertised on site and in the press and neighbouring properties notified. The formal publicity period for the application closed on 20 December 2014.

3.13 No representations had been received when this report was prepared.

4.0 PLANNING ASSESSMENT

Site Location

4.1 This existing site is located approximately 2.5km north-west of the village of Southwaite (and 2km north-west of Southwaite services on the M6) on former agricultural land some 180m west of Thackwood Landfill site. The site is situated in the open countryside in a sparsely populated area.

4.2 The site is accessed via a 400m long single lane agricultural access track and benefits from a set-back and upgraded access bellmouth onto the C1017 minor road to the north. From here the site is in close proximity to the C1017’s junctions with the C1037 (which runs from Calthwaite to Carlisle via Burthwaite) and the C1036 (which runs from Ivegill to Durdar).

Existing Site Context

4.3 The existing composting and septic screening facilities are co-located on the same parcel of land and is immediately bounded as follows:

To the North: By land subject to clay extraction operations. The current extraction pit is sheltered by earth-bunds of topsoil. The as yet unworked parts of the clay extraction site remain grass-seeded and available for agricultural use. The boundary fence between the site and this area is lined with trees and hedgerow.

To the East: By an agricultural field beyond which lies the raised form of Thackwood Landfill Site.

To the South: By open grade 3 agricultural land currently in grazing-use.

To the West: By a small coniferous plantation (referred to on mapping as Meadow Plantation) which screens views of the site and shelters the site from the wind.

4.4 The broader area surrounding the site is characterised by flat agricultural land with hedgerows, woodland blocks and isolated farms, dwellings and agricultural buildings. The nearest residential property is Beck House Farm which is approximately 500m to the north-east of the site. A total of 17 residential dwellings lie within a 1km buffer of the site. Pow Beck lies approximately 120m to the west of the site. The area in the immediate vicinity of the site is notable for the presence of a number of intensive agricultural rearing units for poultry and pigs.

Planning History of the Site

4.5 A temporary planning consent was originally granted in May 2000 for the establishment of a Composting and Vermiculture facility on land adjacent to Thackwood Landfill Site (Ref. 3/00/9005). A further planning consent (Ref. 3/04/9012) extended the life of this facility to coincide with the operational life of the adjoining Landfill site (i.e. until 31 December 2018).

4.6 Planning Consent was granted in February 2012 for the erection of a building and storage tank for the screening of septic waste and storage of screened liquor (Ref.3/11/9012). This consent also imposed a 31 December 2018 time limit on this facility as it shared infrastructure with the composting facility.

Planning History and Context of neighbouring and nearby land-uses

4.7 Thackwood Landfill Site has operated in a commercial form since 1994 and currently has planning permission for landfilling (and restoration) until 31 December 2018. The Landfill site is currently undergoing restoration.

4.8 Planning Permission for the phased extraction of clay (followed by progressive restoration to wetland / nature conservation after-use) was granted in May 2008 in relation to land between the then composting facility and the C1017 road (Ref. 3/07/9008). The site is active and is within Phase 1 of the scheme. This mineral operation is permitted for a limited period, expiring on 19 May 2023.

4.9 A Planning Consent issued by Eden District Council on 3 June 2010 (Ref. 10/0255) for the erection of three large poultry broiler units with associated ancillary infrastructure opposite Beck House (on land to the south-west of the junction of the C1017 with the C1037) has been implemented and built. This development is located approximately 450m north-west of the site, between the site and the nearest residential receptor of Beck House Farm.

Description of Existing Site and Nature of Existing Operations

4.10 The site has a Waste Management License (EAWML 57559) and as such the Environment Agency is responsible for restricting the source of waste materials used by the site to appropriate waste types and the primary body for

regulating potential issues of noise, odour, pests, water pollution and other fugitive emissions.

Composting Operations

4.11 The existing composting operation has been running for approximately ten years and involves turned-pile open windrowing. The site is organised into various designated areas, these encompass the reception and sorting area; an active composting area where the windrows are formed and turned; an area for screening, and an area for maturation and the storage of the final compost product. The windrows are generally 1.5m - 3m in height and 3m -6m in width. The full area of site has been lined with a 50cm thick layer of engineered clay to form an impermeable base for these operations and as part of the infrastructure there is a contained drainage system leading to a leachate collection sump (which prevents discharges into Pow Beck). Two 0.5m high engineered clay bunds have been formed on the site to the north and south of the working area. Two shipping container units which act, respectively, as site-office and store are sited near the site entrance.

4.12 The composting operation accepts a range of organic waste types, with the majority of incoming material currently comprising agricultural wastes (manures and animal beddings such as straw and sawdust), spoiled food wastes and green wastes (i.e. bio-degradeable waste plant matter). Some of this material is also blended with inert wastes to produce soil substitutes. This latter aspect is considered ancillary to the main composting operation. The types of waste that can be composted and processed at the site are limited and controlled by the sites Environmental Permit (No. EAWML 57559). The applicant reports that the proposed vermiculture operations originally applied for have not been implemented, but this aspect may be reviewed and taken forward in the future should market conditions indicate sufficient demand to justify the initial investment.

Septic Screening and Sludge Recovery Operation

4.13 The existing Septic Screening and Sludge Recovery operation primarily consists of a building and a tank located along the northern boundary of the site. The building is a steel framed agricultural building with a pitched roof which measures 18.3m in length by 9.15m in width and 5.8m in height to the ridgeline. The building walls are clad with fibre cement sheeting with a dark green finish while the roofing comprises of semi-transparent panel sheets to provide light that are finished in two shades of grey and laid out in contrasting segments. The existing steel storage tank is circular in form, measuring 21.5m in diameter and 6.7m height. It is clad in sheet metal finished with a dark olive green colour. The tank is uncovered.

4.14 The building contains a sealed holding/reception tank, the machinery used for the septic screening (to separate the liquids from solids), a skip for screened solids and an underground tank for liquids. Liquids are then pumped into the adjoining silo storage tank for further conditioning and storage for three months to ensure the breakdown of bacteria. The storage tank is uncovered and liquid is added to it slowly to minimise disturbance and, once full, a crust

forms on the surface. The conditioned liquid is then transported to other tanks on farms so that it can be spread on land to provide agricultural benefit. Collected solids are stored in an external sealed skip which, once full, is taken for disposal at a licensed landfill facility. This generates 4-12 trips per-year. The applicant estimates that traffic movements associated with the facility are less than ten vehicles per-day.

4.15 The waste types processed by both operations are not dissimilar to waste arising from agriculture.

Drivers behind the Planning Applications

4.16 Applications 3/14/9008 and 3/14/9009 have been submitted in order to untie the life of the existing composting and septic screening operations from that of the nearby (and separately accessed) Landfill so as to allow these waste recovery businesses to continue to operate as separate and distinct enterprises and to provide the certainty the applicant needs to allow for further investment in the site.

4.17 The additional storage tanks proposed by application 3/14/9010 are intended to increase the efficiency of the operation by allowing for increased storage to provide for seasonal periods, generally in winter, when there is reduced demand for the product as farmland is not in an acceptable condition for sludge spreading. The applicant emphasises that the proposals do not entail any increase in throughput of sludge or the sites existing capacity for screening. The applicant states that they would not construct the third tank unless their further operational experience establishes that this will be required.

Planning Assessment

4.18 In relation to applications made under Section 73 of the Town and Country Planning Act 1990 to vary or remove planning conditions on an existing consent; the Act requires the local planning authority to consider only the question of the conditions subject to which planning permission should be granted. In this case the applicant is seeking to remove planning conditions limiting the life of operations. Whilst the previous planning consents found the principle of these developments and their impact to be acceptable, this was in the context of the temporary time limit imposed. The operations were only granted temporary consents in order to allow further assessment and a better understanding the potential impacts of the operations. As such the time-limit of operations is inextricably linked to the principle of the development and therefore the planning assessment reviews this, addressing these developments in their totality. The main potential planning issues of relevance for these operations/applications are considered to be the potential for adverse impact in relation to:

Principle of the development and its location in the open countryside. Emissions (Dust, Odour and Noise) to cause an adverse impact on

residential amenity; Transport Movements

Siting and Design of the Additional Tanks Landscape and Visual Impact Water environment

Principle of the development

4.19 The Cumbria Minerals and Waste Development Framework’s (CMWDF) Core Strategy (2009-2020) advocates provision for the management of all of Cumbria’s wastes within the County; establishing the principle of managing waste as close as possible to its source and minimising waste miles; provided proposals demonstrate that their environmental impacts are acceptable (Policies CS1 and CS8). It also supports managing wastes as high up the waste hierarchy as possible. Recovery of resources, which encompasses composting and septic screening, is ranked third in the waste hierarchy (following waste reduction and re-use). As such open windrow composting and septic screening is supported as a means of moving the management of certain locally produced wastes up the waste hierarchy for productive re-use; and managing wastes more sustainably, closer to their source (and thus diverting them from landfill). This policy approach of the CMWDF is consistent with that of The National Planning Policy for Waste (which superseded Planning Policy Statement 10 - Planning for Sustainable Waste Management on 16 October 2014) which promotes treating wastes as a resource and advocates more sustainable waste management by driving the management of waste up the ‘waste hierarchy’. Accordingly, open windrow composting and septic screening operations are encouraged and supported in principle by national and local planning policy as a means of recovery of resources from waste.

4.20 The CMWDF’s Generic Development Control Policy DC4 reinforces the above stance, establishing a presumption in favour of planning permission being granted for different types of waste facilities subject to varying criteria. For composting by open windrow methods (4d) sites are supported subject to there being adequate stand-off distances from other land uses in order to safeguard them from potential odours and other emissions (namely dust and noise). This policy also sets out locational criteria, stating that such uses should be located on farms or in the open countryside; or on isolated industrial estates or waste management sites. As such, provided the composting operations do not have any adverse environmental impacts; then the location of the site within the open countryside and remote from properties is considered to have a strong policy fit.

4.21 In relation to the typologies of waste development provided by this policy, the septic screening facility can be classed as a non-inert waste facility (4b) and/or a wastewater treatment facility (4f). For non-inert waste facilities, the policy states that such facilities will only be permitted in proximity to sensitive receptors if enclosed within a building, and adverse emissions controlled through appropriate and well managed equipment. Whilst the proposal is not in particularly close proximity to any sensitive receptors the enclosure of the screening process within a building ensures adverse emissions are contained and controlled. For wastewater treatment facilities the policy stipulates that

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/11443/1876202.pdf

such facilities will be permitted in appropriate locations if proposals have minimised any adverse environmental impacts. These aspects are assessed in further detail in the emissions, water environment and landscape & visual Impact sections of this report.

4.22 In light of the above, the sites’ location and built infrastructure would seem to provide a strong fit with the spatial steer and criteria requirements of Policy DC4. It is also noted that the composting and septic screening operations are similar to other farmyard and commercial agricultural activities in the area and are distinct and separate enterprises to the landfill. Therefore the operations are considered acceptable in principle in this location and, on the proviso that they do not have adverse environmental impacts, there is not considered to be any reasonable justification for restricting the life of these waste recovery operations.

4.23 Furthermore the site is strategically located in relation to a large remote rural catchment area stretching between Carlisle and Penrith and across to Wigton and the north-western flank of the Pennines. The operations provide benefit for the large number of rural, village and isolated dwellings in the area which, without the benefit of mains sewage, are reliant on private septic tanks whose contents require regular removal. Similarly it is well located to harvest arisings of green garden and agricultural wastes for composting. As such, as well as meeting local needs and driving these wastes up the waste hierarchy, it also serves to minimise waste road miles and thereby complies with policies CS1 and DC1.

Emissions (Dust, Odour and Noise)

4.24 Potential for noise and odour is greatest from the septic screening process however the containment of this activity within the building substantially negates this risk. Given the distance of operations from the nearest residential receptors and the highway; dust, noise and odour from composting and septic screening are considered unlikely to impact upon local amenity. In the unlikely event that issues relating to these should arise it is considered that the mitigation measures set out in the Environmental Risk Assessment and Odour Management Plan submitted by the applicant would quickly resolve any issues.

4.25 It is noted from enquiries that neither the County Council Planning Department, Eden District Council Environmental Health Department nor the Environment Agency have received any complaints regarding either the composting or septic screening operations at the site over the last three years. Though it is noted that the Environment Agency has three recorded complaints regarding odour during the operation of the composting activity (i.e. prior to the construction of the septic screening facility), one each in 2009, 2010 and 2011. Two of these complaints were registered by EA officers visiting the site and one was from an unknown unsubstantiated source. A number of planning officer visits to the site have been undertaken over the last two years and during this time little malodour has been detectable on site outside the building, with no discernible odour being detectable from 10m outside the site boundary.

4.26 The application documents demonstrate that processes at the site are properly managed and that appropriate contingencies are in place. This is reinforced by the applicant’s recent track record which has demonstrated good and appropriate management of the processes and equipment associated with these operations. It is therefore considered that, subject to the planning conditions to ensure the continued good management of the site, that emissions from the site will be minimal and are highly unlikely to affect residential amenity.

Transport Movements

4.27 The applicant estimates that incoming septic tankers visit the site approximately once or twice a day. Outgoing movements of screened septic material for spreading roughly mirror this, generally averaging one to two a day. The composting operation currently generates around 12-15 incoming visits per month.

4.28 Although the immediately local road network consists primarily of unclassified C-roads, the volume of movements generated by the uses are minor, even taking into account the slight seasonal peaks in movements. The site benefits from a generous access bellmouth and it is also noted that the clay extraction operations has led to the provision of a number of passing places in the vicinity. The provision of the additional storage tanks would not lead to any increase in throughput at the site, and as such will not lead to an increase in the number of vehicle movements. Although it may lead to slight alterations in the pattern of outgoing movements of processed sludge from the site (with slight increases in activity in the early spring as a result of lessened activity over winter) the impact of this is considered to be marginal. The Highways Authority has raised no objections to any of the applications. Furthermore, given its location and the rural markets the uses serve, it is also considered that the permanent retention of the uses will help minimise waste road miles and thus comply with policies CS1 and DC1.

Siting and Design of the Additional Tanks

4.29 The additional proposed tanks have been sensibly sited alongside the existing building and tank so as to form a linear feature that follows the existing field boundary which is already quite well planted. The massing, size and design of the tanks would be in-keeping with that of the existing tank and use a similar recessive colour palette and as such is also considered to be acceptable.

Landscape and Visual Impact

4.30 The Cumbria Landscape Character Guidance Toolkit (CLCGT) classifies the sites’ landscape setting as Type 6 - “Intermediate Farmland”. This type’s key characteristics which are relevant to this area are the presence of large-scale open working farmland with extensive areas of improved pasture. Within this typology the CLCGT notes that hedged field boundaries are sensitive to changes in land management. The existing site is not prominent and the form, design, scale and colour finish of the existing and proposed additional built infrastructure reduce their potential visual impact and ensure they are in-

keeping with the agricultural nature of the area, having the appearance of farm buildings / structures. Furthermore by maintaining and enhancing the existing hedgerow and tree planting along the northern boundary of the site, the built structures would be further screened, softened and integrated into the landscape. As such the site is inconspicuous and neither the existing nor proposed additional built infrastructure would be an obvious or obtrusive feature in the landscape As such the existing and proposed development is considered to comply with CMWDF Policy DC12 (Landscape) by being of an appropriate scale and sympathetic to the openness and farmed character of the landscape.

4.31 In terms of visual impact, there are no public rights of way in the area and the existing buildings can only be seen as distant features through the occasional gaps in the hedgerows along the C1017 and the minor road to the west of the site. The site is screened from Beck House Farm by the new agricultural buildings (poultry broiler units) erected south of this dwelling. Views from built receptors (East View, Crown Inn, Green Hollows Country Park) to the north west of the site are highly limited as a result of distance (with them being 750m -1km from the site) and intervening flora and existing buildings. The site is screened from views from the west by the coniferous woodland plantation adjacent to the site. There are no visual receptors to the south, and the site is screened from the east by planting and by the landfill site landform. It is proposed to thicken the existing planting along the northern and north-western boundary of the facility and address any. As such the visual impact of the existing site, and as developed with the additional two proposed tanks is considered to be minimal.

Water environment

4.32 The site benefits from a contained drainage system that prevents composting leachate or any accidental discharge of septic liquids from affecting Pow Beck or Groundwaters. The applicant reports that there have been no incidents of water pollution associated with either the composting or septic sludge operations. As such it is considered that the continued operation of the site would have no unacceptable quantitative or qualitative adverse effects on the water environment and therefore complies with Policy DC14.

Human Rights Act 1998

4.33 The proposals will have a limited impact on the visual, residential and environmental amenities in the area. Any impacts on the rights of local property owners to a private and family life and peaceful enjoyment of their possessions (Article 8 and Article 1 of Protocol 1) are minimal and proportionate to the wider social and economic interests of the community.

Conclusion

4.34 These applications accord with the strategic steer of waste planning policy which seeks to encourage the provision of a network of a range waste management facilities to treat and recover wastes arising from local communities; as well as contributing to meeting a demonstrable local need for

the collection of green and septic wastes. As such these operations help facilitate a sustainable approach to managing these types of waste that puts the wastes to productive re-use.

4.35 The site and its existing and proposed built development are generally well screened and contained within their landscape setting. The composting and septic screening operations are largely indistinguishable from normal agricultural activities in terms of land-use and built form and are in-keeping with the range of agri-industrial enterprises in the area. Moreover the uses are compatible with, and preferable in, a rural area that is remote from potential receptors. As such the indefinite continuation of these operations in this specific location is considered acceptable in principle.

4.36 The existing composting and septic screening operations are well managed and have minimal impact outside the site. It is therefore considered that, subject to the planning conditions to ensure the continued good management of the site, there is no reasonable justification for restricting the life of these waste recovery operations. It is therefore recommended that the planning applications be granted subject to conditions.

Angela JonesAssistant Director of Environment & Regulatory Services

ContactMr Edward Page, Kendal, Tel: 01539 713424Email: [email protected]

Electoral Division IdentificationGreystoke & Hesket ED - Mr AP Richardson

mailto:[email protected]

Appendix 1Ref Nos. 3/14/9008, 3/14/9009, and 3/14/9010

Development Control and Regulation Committee – 18 February 2015

THE TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (ENGLAND) ORDER 2010

Summary of Reasons for Grants of Planning Permission

1 These applications have been determined in accordance with relevant Local Development Plan Policies and the Town and Country Planning Acts and in the context of the national planning policy framework and national planning policy guidance.

2 The key development plan policies taken into account by the County Council before granting planning permission for these proposals were as follows:

CUMBRIA MINERALS & WASTE DEVELOPMENT FRAMEWORK [CMWDF]Core Strategy 2009-2020 (Adopted April 2009)

Policy CS 1 - Sustainable Location and DesignProposals for minerals and waste management developments should demonstrate that:- … their location will minimise, as far as is practicable, the "minerals or waste

road miles" involved in supplying the minerals or managing the wastes unless other environmental/sustainability and, for minerals, geological considerations override this aim; …

Policy CS 2 - Economic BenefitProposals for new minerals and waste developments should demonstrate that they would realise their potential to provide economic benefit. This will include such matters as the number of jobs directly or indirectly created or safeguarded and the support that proposals give to other industries and developments. It will also be important to ensure that minerals and waste developments would not prejudice other regeneration and development initiatives.

Policy CS 8 - Provision for WasteProvision will be made for the management of all of Cumbria's wastes within the county, with the acceptance of limited cross boundary movements (net self- sufficiency). Any proposals to manage significant volumes of wastes from outside the county would have to demonstrate that the local, social and economic benefits outweigh other sustainability criteria. These other criteria include the impacts of the additional "waste miles" and the principles of managing waste as close as possible to its source, with each community taking responsibility for its own wastes and taking account of the nearest appropriate facility. Any proposals would have to demonstrate that their environmental impacts are acceptable.

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Generic Development Control Policies 2009-2020 (Adopted April 2009)

Policy DC1 – Traffic and TransportProposals for minerals and waste developments should be located where they:

a. are well related to the strategic route network as defined in the Local Transport Plan, and/or

b. have potential for rail or sea transport and sustainable travel to work, andc. are located to minimise operational "minerals and waste road miles".…

Policy DC 2 - General CriteriaMinerals and Waste proposals must, where appropriate, demonstrate that:

a. noise levels, blast vibration and air over-pressure levels would be within acceptable limits,

b. there will be no significant degradation of air quality (from dust and emissions),c. public rights of way or concessionary paths are not adversely affected, or if this is

not possible, either temporary or permanent alternative provision is made,d. carbon emissions from buildings, plant and transport have been minimised,e. issues of ground stability have been addressed.

Considerations will include: the proximity of sensitive receptors, including impacts on surrounding land

uses, and protected species, how residual and/or mineral wastes will be managed, the extent to which adverse effects can be controlled through sensitive siting and

design, or visual or acoustic screening, the use of appropriate and well maintained and managed equipment, phasing and duration of working, progressive restoration, hours of operations, appropriate routes and volumes of traffic, and other mitigation measures.

Policy DC 3 - Cumulative Environmental ImpactsCumulative impacts of minerals and waste development proposals will be assessed in the light of other land-uses in the area. Considerations will include:

a. impacts on local communities,b. all environmental aspects including habitats and species, landscape character,

cultural heritage, air quality, ground and surface water resources and quality, agricultural resources and flood risk,

c. the impact of processing and other plant,d. the type, size and numbers of vehicles generated, from site preparation to final

restoration and potential impacts on the highway network, safety and the environment,

e. impacts on the wider economy and regeneration,f. impacts on local amenity, community health and recreation facilities and

opportunities.

Policy DC 4 - Criteria for Waste Management Facilities

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Waste management facilities that accord with Core Strategy Policies 2, 8 and 9, and which do not have adverse environmental impacts, will be permitted if they conform to the locational and other criteria below. …

b. Developments of facilities involving processing, storage or transfer of non-inert waste in proximity to housing, business uses, or other sensitive industries will only be permitted if enclosed within a building, and adverse emissions controlled through appropriate and well managed equipment,

…d. Open windrow green waste composting will be permitted, where adequate stand-

off distances can be established to safeguard other land uses from odours and emissions, and development is on:

i. farms or open countryside locations, orii. isolated industrial estates or waste management sites,

…f. Waste water treatment facilities will be permitted in appropriate locations if

proposals have minimised any adverse environmental impacts,…

Policy DC 12 - LandscapeProposals for development should be compatible with the distinctive characteristics and features of Cumbria's landscapes and should:

a. avoid significant adverse impacts on the natural and historic landscape,b. use Landscape Character Assessment to assess the capacity of

landscapes to accept development, to inform the appropriate scale and character of such development, and guide restoration where development is permitted,

c. in appropriate cases use the Guidelines for Landscape and Visual Impact Assessment to assess and integrate these issues into the development process,

d. ensure that development proposals consider the effects on: locally distinctive natural or built features; scale in relation to landscape features; public access and community value of the landscape; historic patterns and attributes; and openness, remoteness and tranquility,

e. ensure high quality design of modern waste facilities to minimise their impact on the landscape, or views from sensitive areas, and to contribute to the built environment,

f. direct minerals and waste developments to less sensitive locations, wherever this is possible, and ensure that sensitive siting and high quality design prevent significant adverse impacts on the principal local characteristics of the landscape including views from, and the setting of, Areas of Outstanding Natural Beauty, the Heritage Coast or National Parks.

Policy DC 14 – The Water EnvironmentPlanning permission will only be granted for developments that would have no unacceptable quantitative or qualitative adverse effects on the water environment, including surface waters and groundwater resources. Proposals that minimise water use and include sustainable water management will be favoured.

3 The National Planning Policy Framework (March 2012) is also a material consideration in the planning process. Though this contains no specific waste related policies, its principles regarding development and employment have been taken into account in this report with reference to:

Paragraph 14: At the heart of the National Planning Policy Framework is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision-taking.

…For decision-taking this means:● approving development proposals that accord with the development plan

without delay; and● where the development plan is absent, silent or relevant policies are out-of-

date, granting permission unless: – any adverse impacts of doing so would significantly and demonstrably

outweigh the benefits, when assessed against the policies in this Framework taken as a whole; or

– specific policies in this Framework indicate development should be restricted.

Paragraphs 18 & 19: The Government is committed to securing economic growth in order to create jobs and prosperity, building on the country’s inherent strengths, and to meeting the twin challenges of global competition and of a low carbon future.

The Government is committed to ensuring that the planning system does everything it can to support sustainable economic growth. Planning should operate to encourage and not act as an impediment to sustainable growth. Therefore significant weight should be placed on the need to support economic growth through the planning system.

Paragraph 123: Planning policies and decisions should aim to:● avoid noise from giving rise to significant adverse impacts on health and

quality of life as a result of new development;● mitigate and reduce to a minimum other adverse impacts on health and

quality of life arising from noise from new development, including through the use of conditions;

4 The National Planning Policy for Waste (Published 16 October 2014) sets out the government’s current waste policy to be taken into account by waste planning authorities and forms part of the national waste management plan for the UK. This has also been taken into account as regards:

Paragraph 1: The Waste Management Plan for England sets out the Government’s ambition to work towards a more sustainable and efficient approach to resource use and management. Positive planning plays a pivotal

role in delivering this country’s waste ambitions through: delivery of sustainable development and resource efficiency, including

provision of modern infrastructure, local employment opportunities and wider climate change benefits, by driving waste management up the waste hierarchy (see Appendix A);

ensuring that waste management is considered alongside other spatial planning concerns, such as housing and transport, recognising the positive contribution that waste management can make to the development of sustainable communities;

providing a framework in which communities and businesses are engaged with and take more responsibility for their own waste, including by enabling waste to be disposed of or, in the case of mixed municipal waste from households, recovered, in line with the proximity principle;

helping to secure the re-use, recovery or disposal of waste without endangering human health and without harming the environment; and

ensuring the design and layout of new residential and commercial development and other infrastructure (such as safe and reliable transport links)

complements sustainable waste management, including the provision of appropriate storage and segregation facilities to facilitate high quality collections of waste.

…

Identify need for waste management facilities Paragraph 3: Waste planning authorities should prepare Local Plans which identify sufficient opportunities to meet the identified needs of their area for the management of waste streams. In preparing Local Plans, waste planning authorities should: … drive waste management up the waste hierarchy (Appendix A),

recognising the need for a mix of types and scale of facilities, and that adequate provision must be made for waste disposal; …

Identifying suitable sites and areasParagraph 4: Waste planning authorities should identify, in their Local Plans, sites and/or areas for new or enhanced waste management facilities in appropriate locations. In preparing their plans, waste planning authorities should: identify the broad type or types of waste management facility that would be

appropriately located on the allocated site or in the allocated area in line with the waste hierarchy, taking care to avoid stifling innovation (Appendix A);

plan for the disposal of waste and the recovery of mixed municipal waste in line with the proximity principle, recognising that new facilities will need to serve catchment areas large enough to secure the economic viability of the plant;

consider opportunities for on-site management of waste where it arises; consider a broad range of locations including industrial sites, looking for

opportunities to co-locate waste management facilities together and with complementary activities. Where a low carbon energy recovery facility is

considered as an appropriate type of development, waste planning authorities should consider the suitable siting of such facilities to enable the utilisation of the heat produced as an energy source in close proximity to suitable potential heat customers;

give priority to the re-use of previously-developed land, sites identified for employment uses, and redundant agricultural and forestry buildings and their curtilages.

Paragraph 5: Waste planning authorities should assess the suitability of sites and/or areas for new or enhanced waste management facilities against each of the following criteria: the extent to which the site or area will support the other policies set out in

this document; physical and environmental constraints on development, including existing

and proposed neighbouring land uses, and having regard to the factors in Appendix B to the appropriate level of detail needed to prepare the Local Plan;

the capacity of existing and potential transport infrastructure to support the sustainable movement of waste, and products arising from resource recovery, seeking when practicable and beneficial to use modes other than road transport; and

the cumulative impact of existing and proposed waste disposal facilities on the well-being of the local community, including any significant adverse impacts on environmental quality, social cohesion and inclusion or economic potential.

…

Determining planning applications Paragraph 7: When determining waste planning applications, waste planning authorities should: only expect applicants to demonstrate the quantitative or market need for

new or enhanced waste management facilities where proposals are not consistent with an up-to-date Local Plan. In such cases, waste planning authorities should consider the extent to which the capacity of existing operational facilities would satisfy any identified need;

recognise that proposals for waste management facilities such as incinerators that cut across up-to-date Local Plans reflecting the vision and aspiration of local communities can give rise to justifiable frustration, and expect applicants to demonstrate that waste disposal facilities not in line with the Local Plan, will not undermine the objectives of the Local Plan through prejudicing movement up the waste hierarchy;

consider the likely impact on the local environment and on amenity against the criteria set out in Appendix B and the locational implications of any advice on health from the relevant health bodies. Waste planning authorities should avoid carrying out their own detailed assessment of epidemiological and other health studies;

ensure that waste management facilities in themselves are well-designed, so that they contribute positively to the character and quality of the area in which they are located;

concern themselves with implementing the planning strategy in the Local Plan and not with the control of processes which are a matter for the

pollution control authorities. Waste planning authorities should work on the assumption that the relevant pollution control regime will be properly applied and enforced;

ensure that land raising or landfill sites are restored to beneficial after uses at the earliest opportunity and to high environmental standards through the application of appropriate conditions where necessary.

…

Appendix A: The Waste Heirarchy (Page 8): Sets out the waste hierarchy in which “recycling and composting” are the third tier, sitting below Reduction and Reuse and above Energy Recovery and Disposal. Recycling and Composting are classed as the recovery of resources from waste.

Appendix B: Locational Criteria (Page 9): In testing the suitability of sites and areas in the preparation of Local Plans and in determining planning applications, waste planning authorities should consider the factors below. They should also bear in mind the envisaged waste management facility in terms of type and scale.a. protection of water quality and resources and flood risk managementConsiderations will include the proximity of vulnerable surface and groundwater or aquifers. For landfill or land-raising, geological conditions and the behaviour of surface water and groundwater should be assessed both for the site under consideration and the surrounding area. The suitability of locations subject to flooding, with consequent issues relating to the management of potential risk posed to water quality from waste contamination, will also need particular care.b. land instabilityLocations, and/or the environs of locations, that are liable to be affected by land instability will not normally be suitable for waste management facilities.c. visual intrusionConsiderations will include (i) the potential for design-led solutions to produce acceptable development which respects landscape character; (ii) the need to protect landscapes or designated areas of national importance (National Parks, Areas of Outstanding Natural Beauty and Heritage Coasts); (iii) localised height restrictions.d. nature conservationConsiderations will include any adverse effect on a site of international importance for nature conservation (Special Protection Areas, Special Areas of Conservation and RAMSAR Sites), a site with a nationally recognised designation (Sites of Special Scientific Interest, National Nature Reserves), Nature Improvement Areas and ecological networks and protected species.e. historic environment and built heritageConsiderations will include the potential effects on the significance of heritage assets, whether designated or not, including any contribution made by their setting. f. traffic and accessConsiderations will include the suitability of the road network and the extent to which access would require reliance on local roads, the rail network and transport links to ports.

g. air emissions, including dustConsiderations will include the proximity of sensitive receptors, including ecological as well as human receptors, and the extent to which adverse emissions can be controlled through the use of appropriate and well-maintained and managed equipment and vehicles.h. odoursConsiderations will include the proximity of sensitive receptors and the extent to which adverse odours can be controlled through the use of appropriate and well-maintained and managed equipment.i. vermin and birdsConsiderations will include the proximity of sensitive receptors. Some waste management facilities, especially landfills which accept putrescible waste, can attract vermin and birds. The numbers, and movements of some species of birds, may be influenced by the distribution of landfill sites. Where birds congregate in large numbers, they may be a major nuisance to people living nearby. They can also provide a hazard to aircraft at locations close to aerodromes or low flying areas. As part of the aerodrome safeguarding procedure (ODPM Circular 1/2003) local planning authorities are required to consult aerodrome operators on proposed developments likely to attract birds. Consultation arrangements apply within safeguarded areas (which should be shown on the policies map in the Local Plan). The primary aim is to guard against new or increased hazards caused by development. The most important types of development in this respect include facilities intended for the handling, compaction, treatment or disposal of household or commercial wastes.j. noise, light and vibrationConsiderations will include the proximity of sensitive receptors. The operation of large waste management facilities in particular can produce noise affecting both the inside and outside of buildings including noise and vibration from goods vehicle traffic movements to and from a site. Intermittent and sustained operating noise may be a problem if not properly managed particularly if night-time working is involved. Potential light pollution aspects will also need to be considered.k. litterLitter can be a concern at some waste management facilities.l. potential land use conflict: Likely proposed development in the vicinity of the location under consideration should be taken into account in considering site suitability and the envisaged waste management facility.

5 In summary, the reasons for granting planning permission in relation to these proposals are that the County Council is of the opinion that the proposed developments are in accordance with the development plan, that there are no material considerations that indicate the decision should be made otherwise and with the planning conditions included in the notice of planning consent, any potential harm would reasonably by mitigated. Furthermore, any potential harm to interests of acknowledged importance is likely to be negligible and would be outweighed by the benefits of the development.

Appendix 2Ref No. 3/14/9008

Development Control and Regulation Committee - 18 February 2015

Proposed Planning Conditions for 3/14/9008 (Composting & Vermiculture Operation)

Approved Scheme

1. The development shall be carried out strictly in accordance with the approved documents, hereinafter referred to as the approved scheme. The approved scheme shall comprise the following:

a. The Planning Application Form – signed and dated 16 February 2000b. Letter from H&E Trotter dated 11 November 2004c. The Section 73 Application Form – signed and dated 17 November 2014d. Supporting Statement dated January 2000 re “Proposal for Vermiculture /

Composting Project”.e. Drawing No. 17/40/28/0 – Composting/Vermiculture Project [Layout Plan

with Red Line Area] (dated October 1999) f. Drawing No. 17/40/29/00 – Typical Section of Proposed Composting Area

(dated February 2000)g. Drawing No. 17/40/30/0 – Proposed Access Details (as submitted with

letter from Eden Organics dated 4 April 2000) h. Drawing No. 17/40/54/Ac0 –Composting Area – Working Plan (dated

January 2004)i. Drawing No. 17/40/56/Ac0 –Composting Area – Typical Section (dated

January 2004)j. Management Plan for Tree Planting Scheme (as submitted with letter from

H & E Trotter Waste Services dated 18 May 2005) k. Composting Area Location Plan (dated June 2005) l. Report No 05322/20A - Odour Management Plan – as updated for

additional tanks – dated November 2014m. Report No 05322/19A – H1 Environmental Risk Assessment – as updated

for Additional Tanks – dated November 2014n. This Decision Notice

Reason: To ensure the development is carried out to an approved appropriate standard and to avoid confusion as to what comprises the approved scheme.

2. A copy of the approved scheme shall always be available for inspection on site. Their existence and content shall be made known to all operatives likely to be affected by matters covered by them.

Reason: To ensure those operating the site are conversant with the approved scheme and are aware of the requirements of the planning permission.

Hours of Working3. No works for composting or vermiculture, including the stripping and

replacement of soil and works to engineer the site, shall take place on site outside the hours of:

0700 to 1900 Mondays to Fridays and0700 to 1300 SaturdaysThis condition shall not, however, operate so as to prevent the use of pumping equipment and the carrying out, outside these hours, of essential maintenance to plant and machinery used on site.

Reason: To safeguard the amenity of local residents and adjacent properties.

Access and Traffic4. The site access bellmouth, as shown on Drawing No. 17/40/30/0, shall be

maintained in a good state of repair throughout the operational life of the site and be kept in a clean condition so that no slurry, mud or other material from the site is deposited upon the public highway. The visibility splays as shown on Drawing No. 17/40/30/0 shall also be maintained unobstructed throughout the operational life of the site.

Reason: In the interests of highway safety.

5. No vehicle shall leave the site unless its wheels and underside chassis are sufficiently clean to prevent materials, including mud and debris, being deposited on the public highway.

Reason: In the interests of highway safety and so as to safeguard local amenity.

6. No laden vehicle shall enter or leave the site unless its load is sheeted, covered or otherwise contained.

Reason: In the interests of highway safety and so as to safeguard local amenity.

Control of Noise7. All plant and machinery used on the site shall be effectively silenced and

maintained in accordance with manufacturer’s instructions. No mobile plant (including contract plant hired in for short periods) shall use audible reversing alarms unless they are of a white noise type.

Reason: To ensure that noise generated by operation of the site is minimised and does not constitute a nuisance outside the site boundary in accordance with Policy DC2 of the Cumbria Minerals and Waste Development Framework.

Control of Dust8. Measures to control dust shall be provided to ensure that it does not constitute a

nuisance outside the site.

Reason: To safeguard the amenity of local residents.

Control of Odour9. All activities and processes on site shall be managed to prevent offensive

odours being noticeable at residential properties.


Protection of Surface and Ground Waters10. The active Composting and/or Vermiculture and maturation processes shall

only take place on an impervious base draining to sealed tanks as shown on Drawing 17/40/54/Ac0.

Reason: To avoid the pollution of any watercourse or ground water resource.

11. Satisfactory provision shall be maintained for the collection, treatment and disposal of all water entering or arising on the site, including an increased flow from the land, throughout the operational life of the site.

Reason: To safeguard local watercourses and avoid the pollution of any watercourse or groundwater resource.

Screen Planting12. The hedgerow and tree planting adjacent to the C1017 road and to the

northern field boundary of the composting area shall be retained and maintained for the duration of the use and operation of the site for composting and vermiculture.Any tree or shrub that is part of this that dies, is damaged, diseased or removed shall be replaced during the next available planting season (October to March inclusive) with a replacement tree or shrub on a like for like basis unless otherwise agreed in advance in writing by the Local Planning Authority.

Reason: In the interest of visual and landscape amenity.

Soil storage mounds and screening mounds13. Soil storage mounds and screening mounds shall be sown and maintained with

grass and shall be managed as necessary to prevent the establishment of noxious agricultural weeds.

Reason: In the interests of amenity.

Site Restoration upon cessation of use14. In the event of the permanent cessation of the use of the land for composting

and vermiculture, all hardstandings, foundations and other structures shall be removed; soils stored or in screening mounds spread and the land returned to agricultural use.

Reason: To ensure the removal of any buildings and sturctures within the open countryside that are no longer required for productive use in the event that it is no longer required for the purpose permitted in the interests of safeguarding local amenity.



Proposed Planning Conditions for 3/14/9009 (Septic Screening and Sludge Recovery Facility)

Approved Scheme


a. The submitted Application Form dated 19 August 2011b. Statement of Intent including Environmental Risk Assessment and Matrix

dated August 2011c. Drawing No. 17/40/130/0 PO - Location Pland. Drawing No. 17/40/131/0 PO - Site Plan

Drawing No. 17/40/132/0 PO - Proposed Plan and Elevationse. Decision Letter dated 7 February 2013 confirming discharge of Conditions

4 and 6 of Planning Consent 3/11/9012f. Report No 05322/20A - Odour Management Plan – updated for additional

tanks – dated November 2014g. Report No 05322/19A – H1 Environmental Risk Assessment – as updated

for Additional Tanks – dated November 2014h. The details or schemes approved in relation to conditions attached to this

permission. i. This Decision Notice


2. A copy of the approved scheme shall always be available for inspection on site. Its existence and content shall be made known to all operatives likely to be affected by matters covered by them.

Reason: To ensure those operating the site are conversant with the approved scheme and are aware of the requirements of the planning permission.

Additional Screen Planting3. Within six months of the date of this planning consent, details of a landscaping

scheme including additional tree planting to improve visual screening shall have been submitted to and approved in writing by the local planning authority. The scheme shall include:a) the location, number, species, and age of trees and plants to be provided;b) the layout and density/distribution of proposed planting; c) the method of planting including ground preparation;d) fencing or other protective measures to protect, manage and maintain the

plants;e) operations to ensure plant establishment;

f) a timetable for the implementation of this additional planting work;g) a scheme for the monitoring and review of landscaping works including the

undertaking of a formal assessment and report on the successful or otherwise establishment of the landscaping works within a three year period of implementation; and a programme for remedial works where this assessment highlights issues of poor establishment or health.

Reason: To require for subsequent approval details relevant to the satisfactory implementation of the development not submitted with the planning application. To improve the appearance of the site in the interest of visual and landscape amenity.

Screening4. The hedgerow and tree planting along the northern boundary of the site shall be

retained and maintained for the duration of the use and operation of the site.Any tree or shrub that is part of this that dies, is damaged, diseased or removed shall be replaced during the next available planting season (October to March inclusive) with a replacement tree or shrub on a like for like basis unless otherwise agreed in advance in writing by the Local Planning Authority.


Control of Odour5. All activities and processes on site shall be managed to prevent offensive

odours being noticeable at residential properties.


Site Restoration upon cessation of use6. Within a year of the cessation of the use of land for septic screening and sludge

recovery, all structures including the building, storage tanks, underground tank and other infrastructure shall be removed from the site and the land returned to agricultural use.

Reason: To ensure the removal of any buildings and structures within the open countryside that are no longer required for productive use in the event that it is no longer required for the purpose permitted in the interests of safeguarding local amenity.



Proposed Planning Conditions for 3/14/9010 (Additional Storage Tanks)

Time Limit for Implementation of Permission1. The development hereby permitted shall be begun before the expiration of three

years from the date of this permission.

Reason: As required by Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

Approved Documents


a. The submitted Planning Application Form signed & dated 17 November 2014b. Drawing No 05322/30 – Site Location Planc. Drawing No 05322/31 – Existing and Proposed Site Plansd. Drawing No 05322-32 – Proposed Plans and Elevationse. Report No 05322/19A – H1 Environmental Risk Assessment – as updated for

Additional Tanks – dated November 2014f. Report No 05322/20A - Odour Management Plan – updated for additional

tanks – dated November 2014g. Report No 05322/26 - Supporting Statement for Construction of Sludge

Storage Tanks – dated November 2014h. The details or schemes approved in relation to conditions attached to this

permission. i. This Decision Notice


Additional Screen Planting3. No development shall take place until details of the proposed works to thicken the

planting along the northern boundary as indicated on Drawing No 05322/31 – Existing and Proposed Site Plans and Paragraph 7.2.9 of Report No 05322/26 - Supporting Statement for Construction of Sludge Storage Tanks – dated November 2014 have been submitted to and approved in writing by the local planning authority. The details shall include:a) the location, number, species, and age of trees and plants to be provided;b) the layout and density/distribution of proposed planting; c) the method of planting including ground preparation;d) fencing or other protective measures to protect, manage and maintain the

plants;e) operations to ensure plant establishment;

f) a timetable for the implementation of this additional planting work;g) a scheme for the monitoring and review of landscaping works including the

undertaking of a formal assessment and report on the successful or otherwise establishment of the landscaping works within a three year period of implementation; and a programme for remedial works where this assessment highlights issues of poor establishment or health.

Reason: To require for subsequent approval details relevant to the satisfactory implementation of the development not submitted with the planning application. To improve the appearance of the site in the interest of visual and landscape amenity.

Screening4. The hedgerow and tree planting along the northern boundary of the site shall be

retained and maintained for the duration of the use and operation of the site.Any tree or shrub that is part of this that dies, is damaged, diseased or removed shall be replaced during the next available planting season (October to March inclusive) with a replacement tree or shrub on a like for like basis unless otherwise agreed in advance in writing by the Local Planning Authority.


Control of Odour5. All activities and processes on site shall be managed to prevent offensive odours

being noticeable at residential properties.


Site Restoration upon cessation of use6. Within a year of the cessation of the use and operation of the septic screening

and sludge recovery facility at the site, the stroage tanks and concrete hardstanding associated with these hereby permitted shall be removed from the site and the land returned to agricultural use.

Reason: To ensure the removal of any buildings and structures within the open countryside that are no longer required for productive use in the event that it is no longer required for the purpose permitted in the interests of safeguarding local amenity.