Regulatory and Other Committee

Open Report on behalf of Richard Wills Executive Director, Environment & Economy

Report to: Planning and Regulation Committee

Date: 27 July 2015

Subject: County Matter Application - N75/0353/15

Summary: Planning permission is sought by H S Roe and Sons (Farms) Ltd (Agent: Steven Dunn Architects Ltd) for the construction of a building for the purposes of waste recycling in association with the current use of the site as a waste transfer station at Mushroom Farm, Boundary Lane, South Hykeham.

Recommendation: Following consideration of the relevant development plan policies and the comments received through consultation and publicity it is recommended that conditional planning permission be granted.

Background 1. Planning permission for a change of use of the former mushroom farm to a

waste transfer station was granted 26 April 2001 Reference N75/0057/01. On 26 November 2013 a planning permission was granted Reference N75/0892/13 to develop the waste transfer site further, including the building of two sheds as a Waste Recycling facility and improvements to the surface water management of the site, whilst the waste management operations have not commenced, engineering operations were carried out sufficient to implement the permission, namely the construction of the screening bund and creating the external hard standing. An application was received 16 June 2014 to change the layout of the site by moving one of the proposed buildings to a position closer to the residential properties fronting onto Boundary Lane. However, following discussions with the Waste Planning Authority and in light of recommendations from the Planning Officer at North Kesteven District Council with regard to the proximity of the residential properties, this application was withdrawn. On 26 May 2015 planning permission Reference 15/0133/FUL was granted by North Kesteven District Council for the 'Erection of 3 industrial building' on the western half of the site subject to planning permission Reference N75/0892/13, the approved use being for the purposes within use classes B1 (Business) and B8 (Storage and distribution) as set out in The Town and Country Planning (Use Classes) Order 1987 as amended.

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access doors (Health and Safety). The building would measure 54.0m in length, by 30.0m wide. The roof would be pitched with a ridge height of 11.0m and eaves at 8.0m in height. The proposed shed floor level would be set at 10.30mODN (Ordnance Datum Newlyn).

4. The imported waste would be brought to the site by skips and would consist of Municipal, Construction and Demolition and Commercial and Industrial waste types as identified in an existing Environment Agency Standard Rules Permit for household, commercial and industrial waste transfer station and treatment. There would be no hazardous waste and the materials would be sorted and separated into different waste streams. The proposal would be that all waste handling would be wholly within the building and would be carried out by hand and machine, as a consequence the potential impacts of noise, dust and odour are mitigated. The facility would provide employment for 7 people.

5. External to the building would be an area of hard-standing and tarmacadam,

to be used for storage and loading. This area located to the west of the building and south of the staff parking area, would be delineated by concrete push walls on three sides, with elevations to the southeast, northwest and north east, to further screen storage and loading from views from outside of the site. There would be parking provision for employees and visitors to the north west of the building and adjacent to the site entrance and there would be a one-way system for HCVs' off the access road. The gates to the site are set back 10 metres from the road to allow a lorry to wait off the highway. 26 HCVs' would access the site daily giving a total number of HCV movements of 52.

Photo 1

6. A noise impact assessment submitted with planning permission Reference. N75/0892/13 and used to formulate conditions applicable to that permission, was re-submitted with this application to provide evidence of the likely noise impacts of the operations on specified sensitive receptors, namely the bungalows to the northwest of the site entrance. The assessment identified that the background levels of noise was 43dB LAF90 at the perimeter with the sensitive receptors and was largely due to intermittent local general traffic noise and industrial noise. The operations were recorded within the site and during the period of recording were infrequent, including two skip lorry movements, loading and unloading and gave a peak of 67dB LAeq, whilst the material handling and sorting gave a peak of 59dB LAeq. The report concluded that the peak noise levels would only be present for very short periods and that most of the time there would be no noise effect of the proposed development on the residential properties. It should be noted that this assessment was given in respect of proposed buildings in closer proximity to the residential properties and given the orientation of the proposed building the main doors would be opening on the south elevation and away from the direction of the sensitive receptors.

7. A flood risk assessment was submitted identifying that only a small

proportion of the site falls within Flood Zones 2 and 3(a). The report recommended that the new development external ground levels be reduced to 10.15mODN, with the floor of the shed set slightly higher at 10.30ODN and concluded that together with the existing perimeter bund providing a barrier the site was considered unlikely to be affected by any flooding from the South Hykeham Catchwater Drain which has a designed top water level of 7.90mODN. To negate any contribution to increased flood risk to areas outside of the site the surface water run-off would be managed through dished channels draining west to east, through a silt-trap and three-stage interceptor before collection within an attenuation pond located to the southeast of the building. The attenuation pond would have a capacity of 701 cubic metres, with a base at 8.20mODN. The holding capacity would be such as to contain all surface water for the 1 in 100 year storm event. Final discharge to the South Hykeham Catchwater Drain would equate to a Greenfield run-off rate, being 5.0 litres per second. Roof water would be channelled to the attenuation pond via a separate drainage system. In addition to the attenuation pond a vessel containing water would be provided solely for the purpose of firefighting. There would be no external lighting. Hours of working would be Monday to Saturday 07:00 hours to 18:00.

Site and Surroundings 8. The site is located to the south of Boundary Lane, the entrance (Photo 2) is

500 metres south east of the A1434 Newark Road at South Hykeham and in total less than 1 kilometre from the A46. To the south and east of the site lies predominantly open agricultural land. To the north of Boundary Lane is a large area of open pasture, separating the site from the densely residential areas of South Hykeham the nearest estate being approximately 100 metres distant. There are three residential bungalows immediately to the west of

the site entrance separating the site from a group of small industrial units and an area of waste ground, this area is adjacent to Danker Wood covered by a Tree Preservation Order, which is approximately 100 metres to the west of the application site.

9. The site being roughly triangular is bounded on two sides by a substantial

bund standing to a minimum height of 3 metres. External to the bund along Boundary Lane is a mature planted hedge, standing to a height of 2.7 metres (Photo 3)

Photo 2

10. The southern boundary bund, running in a westerly direction from the road,

follows the route of the Internal Drainage Board maintained South Hykeham Catchwater Drain, with a spillway defining the extent of the site. The external bank of the southern bund is heavily vegetated with native species. The southern portion of the site is within Flood Zones 2 and 3. The western boundary of the site is demarked by the access road and an area of open ground still covered by planning permission Reference N75/0892/13 and having a 3.0 metre bund to south, west and north. This latter area is now subject to a planning permission (not yet implemented) by North Kesteven District Council, Ref 15/0133/FUL for the 'Erection of 3 industrial buildings'.

Main Planning Considerations National Guidance 11. National Planning Policy Framework (NPPF) (March 2012) sets out the

Government’s planning policies for England and is a material planning consideration in the determination of planning applications. In assessing and determining development proposals, Local Planning Authorities should apply the presumption in favour of sustainable development. The main policies/statements set out in the NPPF which are relevant to this proposal are as follows (summarised):

Paragraph 14 – sustainable development in accordance with the development plan;

Photo 3

Paragraph 17 – seeks to secure a good standard of amenity for all existing and future occupants of land and buildings and reducing pollution; Paragraph 103 – Flood Risk Assessment; Paragraph 120 – Location and Pollution Control; Paragraph 122 – Acceptable use of land and the impact of the use; Paragraphs 186 and 187 - Pre-application advice on the development and by processing the application efficiently; Paragraph 215– Due weight should be given to relevant policies in existing plans according to their degree of consistency with the framework. This is of relevance to the Lincolnshire Waste Local Plan (2006) and North Kesteven Local Plan (2007). In addition to the NPPF, in March 2014 the Government published the web-based Planning Practice Guidance (PPG). The PPG also sets out the overall requirements for waste sites, including in relation to assessing the need to add to these with consideration of relevant impacts on environmental quality as well as economic potential.

12. National Planning Policy for Waste (NPPW) October 2014 sets out the

national approach to waste management when determining planning applications:

Paragraph 7 – consider the likely impact on the local environment and amenity against criteria in Appendix B and ensure waste management facilities in themselves are well-designed, so as to contribute positively to the character and quality of the area in which they are located; Appendix A – Waste Hierarchy Appendix B – Locational Criteria. In testing the suitability of sites and area in determining planning applications, including type and scale: a. protection of water quality and resources – consideration will include the

proximity of vulnerable surface and groundwater or aquifers; c. landscape and visual impacts – (i) the potential for design-led solutions

to produce acceptable development which respects landscape character; f. traffic and access – consideration will include the suitability of the road

network and the extent to which access would require reliance on local roads;

g. air emissions, including dust – consideration will include the proximity of sensitive receptors and the extent to which adverse emission can be controlled;

h. odours – consideration will include the proximity of sensitive receptors and the extent to which adverse odours can be controlled;

j. noise, light and vibration – consideration will included proximity of sensitive receptors and the size of the waste management facility affecting both the inside and outside of building;

k. litter – litter can be a concern at some waste management facilities; and l. potential land use conflict – likely proposed development in the vicinity of

the location under consideration should be taken into account. Local Plan Context 13. The development plan in relation to this application is the Lincolnshire

Waste Local Plan (2006) and the North Kesteven Local Plan (2007). The following policies are of relevance to this application:

Policy WLP1 – Objective of the Plan states that waste management proposals will be considered in relation to their contribution towards the waste management hierarchy and when applying the hierarchy and assessing the need for waste facilities regard will be paid to proximity principle, best available techniques and the environmental setting of the facility; Policy WLP6 – Materials Recovery Facilities states that planning permission will be granted for materials recovery facilities provided they are: (i) located on land or building identified as suitable for General Industrial

uses (Class B2) and/or storage and warehousing uses (Class B8) and meet the criteria set out in Policy WLP21. Preference will be given to proposals which exploit the potential for links with other waste facilities.

Policy WLP21 – Environmental Considerations – states that planning permission for waste management facilities will be granted in the following instances: (v) Drainage, flood protection and water resources. Where development

would not adversely affect the efficient workings of local land drainage system, or where it would not be at unacceptable risk from all sources of flooding, or where it would not create an acceptable risk of flooding elsewhere, or where it would not derogate groundwater sources or resources, or where it would not harm water quality;

(xi) Dust, odour etc. Where the development including its associated traffic movements, visual impact, noise, dust, odour, litter and emissions would not have an adverse effect on local residential amenity including air quality, and/or other local land uses;

(xii) Transport system. Where sufficient capacity is available on the local or wider road system for the traffic that is expected to be generated or where there would not be an adverse effect on road safety; and

(xvii) Recovery of materials. Where possible and appropriate the development proposal contributes to the potential recovery of materials in reducing the amount of waste for final disposal.

The main policies of relevance in the North Kesteven Local Plan (2007) and confirmed as being in conformity with the NPPF are:

Policy C2 – Development in the Countryside:

1. Will maintain or enhance the environmental, economic and social

value of the countryside; 2. Will protect and, where possible, enhance the character of the

countryside; 3. Cannot be located within or adjacent to a settlement; and 4. Will not attract or generate a large number of journeys, and is

located to provide opportunities for access by public transport, walking or cycling.

Policy C5 – Effects upon Amenities:

Planning permission will be granted by proposals, provided that they will not adversely affect the amenities enjoyed by other land users to an acceptable degree.

Policy C10 – Flood Risk: All relevant planning applications must be accompanied by a flood risk assessment.

Policy C11 – Pollution: Planning permission will be granted for developments that may be liable to pollute groundwater, a water body, a watercourse, air or soil only if: 1. The occupiers or users of the development and the occupiers of

other land are not exposed to unacceptable risk. 3. The quality of water, air or soil resources will not be adversely

affected; and 4. The general amenity of the area would not be unacceptably

harmed.

Policy C18 – Design: Planning permission will be granted for development, only if it will:

2. Not adversely affect the character or appearance of its

surroundings; and 4. The proposal responds satisfactorily to its context in terms of its

layout, scale, massing, height, density, detailing, external appearance, and the use of materials.

14. On 5 January 2015 the Core Strategy and Development Management

Policies (pre-submission draft) of the emerging Lincolnshire Minerals and

Waste Local Plan was published for a period of public consultation. As this plan is still in its early stages of preparation, in line with paragraph 216 of the NPPF, the policies contained within this document currently carry very little weight in the determination of planning applications. The key policies of relevance in this case are:

Policy W3 – Spatial Strategy for New Waste Facilities Policy W4 – Locational Criteria for New Waste Facilities Policy DM1 – Presumption in Favour of Sustainable Development Policy DM2 – Climate Change Policy DM3 – Quality of Life and Amenity Policy DM13 – Transportation by Road Policy DM14 – Flooding and Flood Risk Policy DM15 – Water Resources Policy DM16 – Cumulative Impacts. Results of Consultation and Publicity 15. (a) South Hykeham Parish Council Parish - wish to comment as follows: a. The gates are too close to the road, require at least 18m to allow

waiting vehicles to be clear of the road. b. This is a narrow country lane not suitable for heavy goods vehicles.

There is no light and no pavement. This is also a residential area. c. If permission granted we would expect a restriction on the number

of heavy goods vehicles using the site and a restriction on operating hours.

d. If traffic turns left out of the site they will have to access Newark Road by way of a very busy junction and alternatively if they turn right out of the site they will be travelling through South Hykeham village and past a primary school. Will there be, if passed, a direction given at to which way traffic should exit the site?

e. If granted this could potentially lead to further build-up of traffic through Hykeham (both North and South).

f. Finally if this application is passed, perhaps some monies could be forthcoming to improve the junction of Boundary Lane and Newark Road.

(b) Local County Council Member, Councillor R Phillips – was consulted

on the 17 March 2015 but had not responded at the time that this report was prepared.

(c) Environment Agency (EA) – the proposed development will be

acceptable if a planning condition is included requiring details of surface water drainage to be submitted and approved before development commences and an informative to the applicant relating to waste operations and requirement for an Environmental Permit.

(d) Environmental Health Officer (North Kesteven District Council) – was consulted on the 17 March 2015 and 1 July 2015 but had not responded at the time that this report was prepared.

(e) Highways Officer (Lincolnshire County Council) - requests that any

permission given by the local planning authority shall include the conditions to ensure adequate parking and turning is available together with a condition that restricts the number of vehicles that can visit the site.

(f) Historic Environment (Lincolnshire County Council) - there are no

known archaeological implications for the above proposal. (g) Upper Witham Internal Drainage Board – the Board has no objection to

the proposed development provided it is constructed in accordance with the submitted details and Flood Risk Assessment. In the Upper Witham Drainage Board Section of the FRA it state the design standard of the South Hykeham Catchment, this is not correct, the Board does not have any data on the design standard of this watercourse.

It should be noted that parts of the site are in Zones 3 and 2 of the Environment Agency's Flood Map and is at risk of flooding. Also requests that an informative is attached to any permission granted to address land drainage issues in the vicinity of the Board's drain.

(h) North Hykeham Town Council – this indicates second stage

development of the site towards the western aspect, behind existing bungalows. This level of commercial development will inevitably involve a massive increase in HGV traffic causing severe problems on Boundary Lane, its junction with Newark Road and the traffic turning right into South Hykeham Old Village and therefore Members strongly object to this application. Furthermore the distance from Boundary Lane to the proposed site gate is inadequate to accommodate large HGV vehicles and 2 of these type of vehicles would not have sufficient space to pass each other. Boundary Lane is a lane and not a road and this not appropriate development. Members also wish to object to the potential hazardous waste transfer through a residential area. They are mindful of technical objection by the Upper Witham Internal Drainage Board and that Danker Wood is within a flood plain area, extending to the proposed transfer site, with potential for pollution and contamination from the site. Further comment was received on 11 June 2015 expressing concerns relating to proposed residential development to the north of Boundary Lane and the cumulative effects of increased development on amenity.

(i) Lincolnshire Fire and Rescue – have withdrawn the objection received

23 April 2015 and would be willing to accept either a hydrant or an emergency water supply, provided that the option chosen met the required standards in terms of capacity, access and where applicable flow rates. Our water officer indicates that the mains infrastructure in

the area would support a suitable hydrant and it is likely that this may be the cheaper option. It also has the advantage of being limitless. However, if a static supply is preferred then the amount required to be stored is best calculated subject to a risk assessment taking into account the amount of material stored and the potential size of any fire. If you still wish to proceed with a fixed water supply option then our Operations Officer will be available for further liaison.

16. The application has been publicised by notices posted at the site and in the

local press (Lincolnshire Echo) on 26 March 2015 and three letters of notification were sent to the nearest neighbouring residents along Boundary Lane. The following representations have been received from local residents during the statutory consultation period:

(a) 'I strongly object to the waste transfer station. The road is not fit to

stand heavy industrial waste lorries. The original use of the area was a mushroom farm not a recycle plant. Our house was not built to withstand heavy traffic passing, walls are cracked and vibrate with the traffic that passes now. The noise has increased considerably. The amount of litter and rubbish left around on the lane has increased considerably. The erection of the waste plant would de-value our house';

(b) 'This is the third application for a recycling plant on this site. OK – so

this one is for a 'waste transfer station' but this is the thin edge of the wedge. There is a huge difference to what is proposed and what it will become. With regard to the previous proposals, the vast majority of Boundary Lane residents - and the surrounding district - were dead set against any form of recycling plant.

It is important to mention that people realise that the applicant has spent a lot of money to get this application to this stage but the objections come from not being 'nimbys' or 'having a bit of a moan'. There is very serious concern that this is a massive threat to this area. Every month or two there's a recycling plant in the news that's gone up in flames - a short out/accident - result - devastation of an entire district. Vast numbers of residents evacuated, properties covered in toxins - it's like a disaster movie of world war three! The whole point is that so many of these fires happen it becomes a case of 'when' and not 'if'. The council already knows of this so why has the application been allowed to even get to this stage? Most of the properties on Boundary Lane are built essentially on sand and gravel - dig two spits down and that's what you get. Built in the thirties, the odd horse and cart and new-fangled car had no impact. Now - the excessive traffic and ever increasing numbers of HGVs are literally cracking up our properties. I have HGVs pass my house and cause it to vibrate. This project and others planned for this area will

only worsen the situation. What the residents of Boundary Lane would like to know is where to send the compensation claims to! 'Common sense' are the keywords here - why would anyone want any type of recycling plant in their district - a potential hazard, more HGVs cracking up properties, yet another concrete blot on the landscape and property prices decimated. The vast majority of complaints put forward regarding previous applications still apply so I ask again - why has this particular application even reached this stage?'

District Council’s Recommendations 17. North Kesteven District Council - this Council has no objections to the

proposal but would wish to highlight the following:

The District Planning Authority has granted planning permission (15/0133/FUL) for the use of the adjacent site, which was initially included in this application site, for the erection of 3 industrial units.

Attention is also drawn to the comments of the South Hykeham Parish Council and Lincolnshire Fire and Rescue which have been received by the Authority seperately and set out above.

Conclusions 18. Planning permission is sought for the erection of a building for sorting and

separating municipal, construction, demolition commercial and industrial waste brought to the site by skip for the purpose of material recovery. The building would be located within a site with an extant planning permission for operating a skip hire and waste transfer business and would modify an earlier planning permission for a Material Recycling Facility by halving the size of the site and reducing the number of buildings to one at the former Mushroom Farm, Boundary Lane, South Hykeham.

19. Waste Local Plan Policy WLP1 states that waste management proposals

will be considered in relation to their contribution towards the waste management hierarchy and is consistent with the objective of sustainability of the National Planning Policy Framework and National Planning Policy for Waste when applying the hierarchy and assessing the need for waste facilities with regard to proximity principle, best available techniques and the environmental setting of the facility.

20. It is necessary to consider whether the application site is an appropriate

location for the development, including in relation to the proximity principle and the need to advance waste up the Waste Hierarchy through separation and segregation and fulfils the objective of WLP21 (xvii) of the Waste Local Plan to recover materials and thus reduce the amount of waste for final disposal.

Location 21. National Planning Policy for Waste directs Waste Planning Authorities to

consider the suitability of a location for a waste development and Policy WLP6 of the Waste Local Plan specifically addresses criteria relating to Materials Recovery Facilities stating that planning permission will be granted for materials recovery facilities provided they are located on land or within buildings identified as suitable for General Industrial uses (Class B2) and/or storage and warehousing uses (Class B8). The policy expands on this insofar as preference could be given to proposals which exploit the potential for links with other waste facilities in this instance the proposed works fall within the existing boundaries of the site which is subject to an extant planning permission Reference N75/0892/13 for a Materials Recycling Facility and therefore the principle of waste management uses within this location has already been established and deemed acceptable. The proposed development has a smaller overall footprint than the waste management facility already approved. The proposals also requires the demolition of all the existing dilapidated sheds on site and the erection of a single building steel frame building with profile steel cladding, thus improving the overall appearance of the site and moving the operational area away from the residential bungalows on Boundary Lane. In addition to the building there would be a concrete push wall enclosure surrounding, on three sides, the external storage and loading bay area, creating further screening to views from the nearest bungalow and external views into the site. North Hykeham Town Council and two residents (located approximately 350 metres to the northwest) have objected, citing the location being unsuitable for this development due to highway, flooding and amenity issues.

22. The Town Council also identified the additional concern regarding the

cumulative effect on amenity as a result of proposed residential and industrial development on both sides of Boundary Lane and again re-iterated the need for a financial contribution for highway improvements.

23. North Kesteven District Council has not objected to this application and has approved an application for Industrial Use B1/B8 submitted for the western portion of the land owned by the applicant and currently subject to the extant waste permission Reference N75/0892/13 that would share a common access with this proposal.

24. The proposed development represents a smaller site area than the application it seeks to replace and would be located further from residential properties, it would be situated on land that already has permission for a waste management use and the District Council recently granted permission for the land to the west for B1/B8 use. As a consequence the proposed development would not significantly undermine or conflict with the wider objectives, design or locational criteria set out in national policy or the requirements of policies Policy WLP1 and WLP6 of the Waste Local Plan.

Highways 25. National Planning Policy for Waste criterion f, and Policy WLP21 of the

Waste Local Plan, set out the criteria for addressing the environmental impacts of development including (xii) the transport system. The site is off a road already used to service industrial operations and is contiguous with a site granted industrial use. Insofar as Boundary Lane is in close proximity to the A46 and is on the edge of a settlement, the use of this land for the purposes of Waste Management is considered acceptable. In respect of the concerns raised by the Parish and Town Council and also local residents concerning highway issues it should be noted that a fall back position already exists for a waste management development on this site which allows 26 HGVs to enter the site each day. The Highways Officer has raised no objection to the application and therefore subject to a condition restricting the number of vehicles that can enter the site on a daily basis there is no reason not to allow this application on highway grounds. The restriction on HCV movements combined with internal vehicle management to secure egress into and out of the site in a forward gear which can be secured by planning conditions, would contribute to highway safety. Whilst three objections, already identified above, were received the Highways Officer did not object on the basis that a condition restricting the number of vehicles accessing the site, the development would not impact on the existing highway network or cause undue vibration over and above that already in existence. Consequently, this would not compromise the requirements of Policy WLP21 criterion (xii) or cause unacceptable impact on the amenity residents could reasonably to enjoy as required by Policy C5 of the North Kesteven Local Plan.

Environment, Flood Risk and Visual Amenity 26. Given that permission already exists on the site for a building to be erected

for a waste use and there are other industrial type buildings in close proximity to the site it is not considered that the erection of the building would conflict with the requirements of Policy C18 (Design) of the North Kesteven Local Plan. Given the nature of the site operations, the types of non-hazardous wastes that would be processed, the proposed building and infrastructure works it is not considered that the development would conflict with the requirements of WLP21 (itemised as follows (v) Drainage, (x) Dust, odour etc. This is based on the intention to use the building to carry out the separation and segregation, the restriction on stockpile heights by planning condition and taking into account the screening afforded by the existing landscape bund and the proposed push wall enclosure any potential environmental or amenity impacts arising from the development, including, noise and dust can be controlled by condition or the mitigation measures listed above. The additional provision of a separate above ground water container for firefighting would contribute to minimising any potential emissions to the air in the event of a fire, by providing sufficient supply to supress the fire at an early stage and therefore addresses the issue of fire risk. Consequently the development would not conflict with the

requirements of Policy WLP21 and therefore meet one of the criterion of Policy WLP 6.

27. Both the Environment Agency and Upper Witham Internal Drainage Board

(IDB) sought a detailed Surface Water Management Scheme, proportionate to the nature and location of the site, being partially within Flood Zones 2 and 3 and the proposal for final discharge to the IDB drainage infrastructure which can be addressed by the requirement for the applicant to submit such a scheme before development commences and can be secured by planning condition.

28. In summary the development does not seek to extend the scope of the

extant waste planning permission for this site, it has a long history of being used for a waste management site and previously much of the operations being undertaken externally. As such the development accords with the principles of the National Planning Policy for Waste meets the requirements of Policy WLP1 and does not conflict with the objectives of Policy WLP6 of the Lincolnshire Waste Local Plan or Policies C2, C5, C10 C11 and C18 of the North Kesteven Local Plan.

29. The proposed development has been considered against Human Rights

implications especially with regard to Article 8 – right to respect for private and family life and Protocol 1, Article 1 – protection of property and balancing the public interest and well – being of the community within these rights and the Council has had due regard to its public sector equality duty under Section 149 of the Equality Act 2010.

RECOMMENDATIONS That planning permission be granted subject to the following conditions: 1. This permission related to the site edged red on Drawing No. 2296-A2-05d

(received 2 March 2015) for the construction of a building for the purposes of waste recycling in association with the current use of the site as a waste transfer station and the development works as detailed within the approved documents and drawings set out below unless modified by the conditions attached to this planning permission or details subsequently approved pursuant to those conditions. The approved documents and drawings are as follows:

Planning Application Form (received 17 March 2015); Design and Access Statement and Supporting Statement (23 February

2015); Drawing No. 2296-A2-06d - 'Proposed Site Location/Block Plan (received

2 March 2015); Drawing No. 2296-A2-07a - 'General Arrangement Drawing' (received 23

February 2015); Flood Risk Assessment 'Proposed Materials Recycling Facility, Boundary

Lane, South Hykeham, LINCOLN LN6 8JU' (received 2 March 2015);

E-mail 'Further Details' (received 6 May 2015); and E-mail PL/0034/15 – Mushroom Farm (received 27 May 2015).

2. Written notification of the date of the building and associated ancillary

infrastructure hereby permitted to be constructed as part of the development have been brought into use shall be sent to the Waste Planning Authority within seven days of the commencement of their use.

3. All site operations and activities authorised or required in association with this development, including the access and egress of vehicular traffic, shall only be carried out between 07:00 and 18:00 hours Monday to Saturday (inclusive). No operations or activities shall be carried out on Sunday, Public or Bank Holidays.

4. No wastes or materials shall be stored or stockpiled externally other than upon the impermeable yard/area as defined on Drawing No. 2296-A2-05d and the height of such stockpiles or stores shall be no greater than 3 metres above the finished surface level of that part of the site upon which they are stored.

5. No external lighting shall be fixed to the building or erected within the site.

6. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking or re-enacting that Order with or without modification) no building, structure, fixed plant or machinery shall be erected, extended or installed on the site.

7. The total number of vehicle movements associated with the importation and exportation of wastes and materials shall not exceed 52 movements (26 in and 26 out) per day Monday to Saturday. All vehicles carrying wastes shall not leave the site unless its wheels and underside chassis are clean so as to prevent materials, including mud and debris, being deposited on the public highway.

8. The surfacing of the access and internal yard areas shall be maintained in a good state of repair and kept clean and free of mud and other debris at all times for the duration of the development so as to prevent such materials being deposited on the public highway. Any accidental deposition of mud, debris or other deleterious materials onto the public highway shall be removed immediately.

9. The rating level of noise emitted from any plant or equipment on site shall not exceed the background level by more than +5dB(A) at any time. The noise levels shall be taken at the nearest noise sensitive premises. The measurements and assessment shall be made in accordance with the BS4142:2014 (or an equivalent successor standard or other noise measurement methodology).

10. Notwithstanding the details submitted with the Flood Risk Assessment 'Proposed Materials Recycling Facility, Boundary Lane, South Hykeham,

LINCOLN LN6 8JU' (received 2 March 2015) no demolition of existing structures or engineering works shall take place until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, has been submitted to and approved in writing by the Waste Planning Authority. The drainage strategy should demonstrate the surface water run-off generated up to and including the 100 year critical storm will not exceed the run-off from the undeveloped site following the corresponding rainfall event. The scheme shall subsequently be implemented in accordance with the approved details.

11. Notwithstanding details of firefighting water provision (received 27 May 2015) the site shall not come into use until further details of the above ground vessel to include capacity and design have been submitted to and approved in writing by the Waste Planning Authority. The approved scheme shall be implemented in full and maintained for the duration of the development.

12. A total of no more than 49,500 tonnes of material shall be brought to the site as shown within the red line boundary on Drawing No. 2296-A2-06d - 'Proposed Site Location/Block Plan (received 2 March 2015) per calendar year, for the purposes of the development hereby permitted. The operator shall maintain records of their quarterly waste imports to the site which shall be retained for at least two years and be made available to the Waste Planning Authority within 28 days of request.

Reasons 1, 2 & 12

To define the permission and to ensure the development is implemented in all respects in accordance with the approved details.

3. To define the hours of operation in the interests of limiting the effects of the

development on local amenity. 4, 5 & 6

To minimise the visual impacts of the development on nearby residents and the wider area.

7 & 8

For the avoidance of doubt and to ensure impacts on highway capacity and safety have been fully considered.

9. To minimise the potential nuisances and impacts of noise on nearby

residents and the wider area. 10. To prevent the increased risk of flooding, both on and off site; and 11. To ensure an adequate supply of firefighting water.

Informatives Attention is drawn to: (i) Environment Agency:

Waste operations, as described in this application, will require an environmental permit under the Environmental Permitting (England and Wales) Regulations 2010. Please contact your local Environment Agency Office to arrange a free of charge preapplication meeting on 01522 785335. Sealed drainage will be a requirement of an environmental permit. Information about permits can be found online at: https://www.gov.uk/environmental-permit-check-if-you-need-one/permits

(ii) Upper Witham Internal Drainage Board:

'Under the terms of the Land Drainage Act. 1991 and the Board's Byelaws, the prior written consent of the Board is required for any proposed works or structures in, under, over or within 6 metres of the top of the bank of any watercourse. There is an earth bank within the 6m, this has been consented by the Board. Any additional works within this distance will required an additional consent. The Board will not accept any liability for the stability of the banks of South Hykeham Catchwater. Any new outfall to a watercourse requires the prior written consent of the Board under the terms of the Land Drainage Act. 1991 and should be constructed to the satisfaction of the Board. Guidance notes and an application form are attached for the use of the agent'.

(iii) In dealing with this application the Waste Planning Authority has worked

with the applicant in a positive and proactive manner by seeking amendments to the application in order to ensure that the development is capable of being supported and accords with the objectives and policies of the Development Plan. This approach ensures the application is handled in a positive way to foster the delivery of sustainable development and is consistent with the requirements of paragraphs 186 and 187 of the National Planning Policy Framework.

Appendix

These are listed below and attached at the back of the report

Appendix A Committee Plan

Background Papers The following background papers as defined in the Local Government Act 1972 were relied upon in the writing of this report.

Document title Where the document can be viewed

Planning Application File N75/0353/15

Lincolnshire County Council, Planning, Witham Park House, Waterside South, Lincoln

National Planning Policy Framework (2012) Planning Practice Guidance (2014) National Planning Policy Waste (2014)

Communities and Local Government website www.gov.uk

Lincolnshire Waste Local Plan (2006) Lincolnshire Mineral and Waste Local Plan: Core Strategy and Development Management Policies (Pre-Submission Draft)(2015)

Lincolnshire County Council website www.lincolnshire.gov.uk

North Kesteven Local Plan (2007)

North Kesteven District Council website www.northkesteven.gov.uk

This report was written by Felicity Webber, who can be contacted on 01522 782070 or dev_pcg@lincolnshire.gov.uk

Site of Application

Location ofBuilding

Land withPlanning Permissionfor IndustrialPurposes

Boundary Lane

ood

LINCOLNSHIRE COUNTY COUNCIL

Location: Description:

LINCOLNSHIRE COUNTY COUNCILReproduced from the 1996 Os Mapping with the permission

of the Controller of Her Majesty's Stationery Office (C) CrownCopyright. Unauthorised reproduction infringes Crown

Copyright and may lead to civil proceedings.

OS LICENCE 1000025370

Prevailing Wind Direction from the south-west

Application No:Scale: 1:2500

For the construction of a building for the purposes of waste recycling in association with the current use of the site as a waste transfer station

Mushroom FarmBoundary LaneSouth Hykeham

N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15N75/0353/15

PLANNING AND REGULATION COMMITTEE 27 JULY 2015

elaine.wrathAppendix A

5.3 For the construction of a building for the purposes of waste recycling in association with the current use of the site as a waste transfer station at Mushroom Farm, Boundary Lane, South Hykeham - H S Roe and Sons (Farms) Ltd (Agent: Steven Dunn Architects Ltd) - N75/0353/15