6.2

North Somerset Council

REPORT TO THE Planning & Regulatory Committee

Date of Meeting: 4 january 2006

Subject of Report: planning application 05/p/2304/rg3 variation of condition 8 of planning permission 01/p/2309/rg3 to enable the opening of the proposed civic amenity/waste receptor/recycling facility on sundays and bank holidays between the hours of 08.00 and 16.30 at part of coles quarry, church town, backwell

Town or parish: backwell

Officer/Member presenting: development control manager

Key Decision: no

RECOMMENDATIONS

That the application be APPROVED in accordance with the recommendation to the Central Area Committee.

1. Summary of Report

The report relates to a planning application that seeks to vary condition 8 attached to the planning permission granted in April 2003 for the establishment of a civic amenity waste reception/recycling site. The condition specified the hours that the facility can be open for public use, restricted Sunday opening to the hours between 09.00 to 16.00 hours with no Bank Holiday opening. The site already has planning permission for the proposed use. The issue is therefore confined to the impact of the extended opening hours.

2. Policy

The site lies within the Green Belt where national and local planning policy seek to restrict development to that which is identified as being appropriate, unless special circumstances can be demonstrated to allow inappropriate development.

North Somerset Waste Local Plan policies specifically support the establishment of Civic Amenity Sites and the more general provision of waste management facilities.

Policy considerations were fully evaluated when permission was granted in April 2003 for the establishment of the facility.

3. Details

The application was reported to the Central Area Committee on 8 December 2005 with a recommendation for approval. A copy of the Committee report and the update forms an appendix to this report. The Area Committee resolved to defer decision to the Planning and Regulatory Committee and requested that a report be prepared dealing with a comprehensive traffic management scheme for the area.

The main planning issues in this case are set out in the report to the Area Committee.

The issue of the establishment of the facility in relation to policy considerations was examined in detail in the determination of the planning permission granted in April 2003. That permission remains extant until 2008.

The impact of extending the opening hours is a matter of concern to a large number of local residents. Whilst these concerns are understood, it is considered that the extension of the opening hours by 1 hour in the morning ½ hour in the afternoon is unlikely to give rise to a significant impact on the living conditions of nearby residents. Again, with regard to traffic generation and access arrangements, these were considered in some detail at the time when the original application was determined. In relation to the proposed extended opening hours it is considered that the change in the pattern of traffic resulting from this will be insignificant. Indeed it is possible that if there are a finite number of trips made to the site on a Sunday the opening for a longer period may dilute the total amount of traffic.

Having regard to the Area Committee’s request for a scheme for traffic management measures it is proposed that, given the timescale between the Area Committee meeting and the preparation of reports to this Committee, it is dealt with in an update report to the Committee.

4. Consultation

As set out in the report to the Central Area Committee

5. Financial Implications

Not applicable

6. Equality Implications

Not applicable

7. Corporate Implications

The Council has targets under the Corporate Plan and Waste Strategy.

8. Options considered

Planning applications can either be approved or refused

Author

Peter Davey, Senior Planning Officer, Development Control

Telephone No. 01934 634901

E mail: peter.davey@n-somerset.gov.uk

Background Papers.

Relevant planning files

CENTRAL AREA COMMITTEE 8^th December 2005	ITEM NO: 3
APPLICATION NO: 05/P/2304/RG3	TARGET DATE: 21-NOV-2005
APPLICANT'S NAME: North Somerset Council
APPLICATION: Variation of condition 8 of planning permission 01/P/2309/RG3 to enable the opening of the proposed civic amenity/waste receptor/recycling facility on Sundays and Bank Holidays between the hours of 8:00 and 16:30
SITE ADDRESS: Part of Coles Quarry, Church Town, Backwell
PARISH/WARD: Backwell		WARD COUNCILLOR(S): Burden & Cllr Mrs Baker

The following plan is for illustrative purposes only, and cannot be guaranteed to be up to date or to scale.

LOCATION PLAN: (This map is based upon Ordnance Survey material with the permission of Ordnance Survey on behalf of the controller of Her Majesty’s Stationery Office c. Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. North Somerset Council, LA09063L,2001)

3. 05/P/2304/RG3 VARIATION OF CONDITION 8 OF PLANNING PERMISSION 01/P/2309/RG3 TO ENABLE THE OPENING OF THE PROPOSED CIVIL AMENITY/WASTE RECEPTOR/RECYCLING FACILITY ON SUNDAYS AND BANK HOLIDAYS BETWEEN THE HOURS OF 0800 AND 1630 AT PART OF COLES QUARRY, CHURCH TOWN, BACKWELL

(GR 48954 68001) Peter Davey

COUNCIL APPLICATION

Site Description

The application site lies within part of the former Coles Quarry complex, which is located close to the southern edge of Church Town, Backwell and the adjoining area of Cheston Combe.

The site consists of a 300m x 30m strip of a level plateau area running south/west to north/east on the edge of the quarry with open fields to the north-west.

This area was formerly occupied by quarrying plant and equipment and currently still contains a remnant of these and some buildings.

Access to the quarry area is from the north via Dark Lane and the east Church Town. It is proposed that the civic amenity facilities will use the existing access. A separate ready mix dry pack factory which adjoins the eastern end of the quarry complex remains operational and is also served by the same access.

Relevant Planning History

Year	Reference	Proposal	Decision
March 1996	0967/93	Extension and restoration of quarry approved with conditions and Section 106 Agreement	Approve
April 2003	01/P/2309/RG3	Establishment of a civic amenity waste reception/recycling facility	Approve, subject to conditions.

The Application

The application seeks to vary condition 8 attached to the planning permission granted in April 2003 for the establishment of a civic amenity waste reception/recycling facility. The condition specifies the hours that the facility can be open for public use and reads as follows:

“The civic amenity/recycling facility shall not be open for public use outside the following hours: Winter (October to March) Monday-Saturday 0800 to 1630 hours and Summer (April to September) Monday-Saturday 0800 to 1800 hours and 0900 to 1600 hours on Sundays, nor at any time on Bank Holidays.”

Permission is sought to vary the opening hours of the facility on Sundays and to allow the facility to open on Bank Holidays for the same hours. It is proposed that the facility be open one hour earlier (0800) and closes half an hour later (1630) than allowed under condition 8 of planning permission 01/P/2309/RG3.

Policy Framework

The site lies within a former mineral extraction site in the Green Belt, and within the airport safeguarding area for Bristol International Airport. The application involves a waste management facility. The main relevant policies are therefore as follows:

Development Plan

North Somerset Local Plan (NSLP)

Policy GRB/3 – Planning permission in Green Belt will only be granted where it will preserve the openness of the Green Belt and will not conflict with the purposes of including land in the Green Belt.

Policy ENV/1 – Development generating air, water, or other environmental pollution.

Policy T/11 – Development will only be granted where the proposal will not be detrimental to highway safety.

North Somerset Replacement Local Plan (Second Deposit Draft)

Policy GDP/2 – Environmental and public protection.

Policy RD/5 – Development in the Green Belt.

Policy T/10 – Safety, traffic and the provision of infrastructure etc associated with development.

North Somerset Waste Local Plan (WLP)

Policy WLP4 - Waste Management facilities will be granted provided that all necessary environmental issues are taken into account.

Policy WLP5 - Waste Management sites not permitted in the Green Belt, except where they maintain the openness of the Green Belt and do not conflict with the purposes of including land in the Green Belt, except in very special circumstances.

Policy WLP8 - Gives support for the establishment of civic amenity sites and recycling banks provided that certain criteria are met and regard is given to other Waste Local Plan policies.

Joint Replacement Structure (RSP)

Policy 1 - Indicates that Planning and Transport policies for the area will be based on principles of sustainable development.

Policy 2 - States that locational strategy for the plan will be to concentrate development within the main urban areas.

Policy 29 - Requires that there should be provision of land made for the safe management, recycling, treatment and disposal of waste arising in the area, provided employment and locational environmental constraints are satisfied.

Other material policy guidance

Planning Policy Guidance Notes

Relevant guidance is contained in the following PPG’s:

PPG:2 Green Belts

PPG:10 Planning and Waste Management

PPG:13 Transport and sustainability

PPG:24 Planning and noise

Consultations

Third Parties: 37 letters of objection have been received. The principal planning points made are as follows:

1. Increase hours will result in increased disturbance. It is unreasonable to seek to vary hours until impact has been assessed following commencement of operation.

2. Increased traffic generation – congestion and impact on highway safety, particularly at times of worship at nearby church.

3. Hours should not include Sunday.

4. Inappropriate location – close to residential properties and in Green Belt.

In addition a petition signed by 62 persons has been submitted, that is headed as follows:

“We the undersigned object to the above planning application because the recycling facility is located within a residential area and the volume of traffic visiting the amenity will furthermore increase traffic, noise and safety levels on residential roads which are totally unsuitable to accommodate this.”

Backwell Parish Council: “Objects strongly to any amendment to condition 8 of planning permission 01/P/2309/RG3 which would have the effect of extending the opening hours on Sundays and introducing opening on Bank Holidays. Furthermore, BPC urges North Somerset Council to amend the present permission (under 01/P/2309/RG3) to delete ANY permission for Sunday opening for the reasons previously submitted.”

Environment Agency: The Environment Agency does not wish to provide any comment regarding the above planning application. This is because the proposal is outside the scope of Appendix 2 (as revised March 2000); liaison with Local Planning Authorities Manual as published by the Environment Agency.

Bristol Airport: Letter received stating no comment to make about the application.

Planning Issues

The principal planning issues in this case are (1) Principle of development of a civic amenity facility in this location. (2) Impact on the living condition of local residents. (3) Traffic generation and access arrangements.

Issue 1: Principle of development of civic amenity facility at this location

A number of objectors have questioned whether the proposed facility is appropriately located having regard to its proximity to residential properties and the site’s location within the Green Belt.

These issues were examined in detail in the determination of the planning permission granted in 2003 for the establishment of a civic amenity facility at Coles Quarry. It was concluded that there was an accepted need to find an alternative site for the civic amenity facility at nearby Cheston Combe. Since the facility at that location is far from ideal because of the environmental harm caused to the Church Town area and its residents, it was accepted that following a detailed examination of alternative sites that Coles Quarry represented the best location having regard to the profile of users – the majority of which residing in Nailsea/Backwell area – being well located in terms of proximity. Furthermore, it was concluded that given the proven need for a civic amenity facility to serve the Nailsea and Backwell area and the dearth of alternative suitable sites that very special circumstances existed to outweigh the harm caused to the Green Belt by reason of inappropriate development.

In summary the principle of the provision of civic amenity facility at this location is established by the grant of planning permission that remains extant until 2008.

Issue 2: Impact on the living conditions of local residents

The impact of extending the opening hours is an area of concern to a large number of objectors. In addition a number of objectors consider that this application gives opportunity to reconsider whether Sunday opening should be permitted.

The question of Sunday opening was a matter considered by the Committee in the determination of the original application. It was accepted that, given the other two civic amenity sites in North Somerset open on Sundays, it would be appropriate to allow this site to open, as it would give all residents of the district opportunity to visit a conveniently located civic amenity site. It was, however, considered appropriate to reduce the standard opening times to 9am to 4pm.

The applicant is now seeking to vary the opening times to conform with the standard opening times of other civic amenity sites on the basis of uniformity of operations, both in terms of management and user convenience/certainty.

At the time the original application was under consideration, it was identified that the main source of disturbance to local residents, apart from traffic, would be the emptying and movement of recycling/waste bins.

In the regard the applicant has advised that this activity, for operational reasons, does not take place on Sundays.

It is considered that the proposed extended opening hours allowing public to dispose of waste within the site is unlikely to give rise to significant impact on the living conditions of nearby residents. The proposal is therefore consistent with Policy ENV/1 of the North Somerset Local Plan but in recommending the extending opening hours it is considered appropriate to add a further condition to the permission. Condition 8 controls the hours of 'public use’ of the site, however there are no controls regarding 'management operations', (e.g. the movement/emptying of containers within and from the site that could be undertaken outside the identified hours). Under these circumstances it is considered that a condition be added prohibiting ‘other specific operations’ outside the revised hours.

Issue 3: Traffic generation and access arrangements

These issues were examined in some detail in relation to the original application.

The Committee accepted in determining the previous application that the amount of traffic generated by the proposal would not give rise to unacceptable disturbance, and provided the highway improvements to the site entrance and at the junction of Dark Lane and Church Town are carried out in the manner required, by conditions, vehicular and pedestrian safety will be assured.

It is appreciated that the data on which the original approval was given is now 4 years old, however, it is considered unlikely that the amount of traffic has changed to an extent that re-evaluation is needed.

Given that the existing approval allows public use of the site from 9am until 4pm, the change in the pattern of traffic resulting from an additional hour at the start of the day and a half hour at the end will be insignificant. Indeed, it is possible that if there are a finite number of trips made to the site on Sunday, the opening for a longer period may ‘dilute’ the total amount of traffic .

Conclusion

There is already planning permission for the establishment of a civic amenity facility at this site. The proposed extended opening hours are unlikely to give rise to significant adverse impact on the living conditions of nearby residents from traffic generations or operations within the site. The access arrangements and pedestrian safety are satisfactory in relation to North Somerset Local Plan Policy T/11.

Having regard to the nature of this application for procedural reasons it is necessary to attach all conditions of the previous permission that remain relevant to this application, together with any additional condition(s) considered appropriate.

RECOMMENDATION: APPROVE subject to the following conditions:

1. The development hereby permitted shall be begun before the expiry of five years from the date of permission 01/P/2309/RG3.

Reason: In accordance with the provisions of Section 91 of the Town and Country Planning Act 1990.

2. The development hereby permitted shall be carried out in complete accordance with the approved plans and specifications (unless amended plans and specifications are first submitted to and approved, in writing, by the Local Planning Authority).

Reason: The Local Planning Authority wishes to ensure that the development conforms with the approved plans and that any proposed alterations are the subject of prior approval and in accordance with Policy CON/10 of the North Somerset Local Plan.

3. No burning of waste shall be carried on the site.

Reason : To prevent atmospheric pollution in compliance with Policy ENV/1 of the North Somerset Local Plan.

4. The use of the site shall be limited to the reception of private household waste and not for the reception of commercial or industrial waste.

Reason: In the interests of highway safety and to protect the amenities of local residents in compliance with Policy ENV/1 of the North Somerset Local Plan.

5. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended), no building or structures (except those shown and detailed on the submitted plan) shall be erected on the site without the prior approval of the Local Planning Authority.

Reason: The Planning Authority wishes to retain control over the matters referred to in the interest of visual amenity in compliance with Policy GRB/3 of the North Somerset Local Plan.

6. No open storage of materials or waste shall take place other than in containers and receptacles provided on the site for specific purposes except in the areas designated for large household waste items as shown on the approved plans.

Reason: In the interests of visual amenity in compliance with Policy GRB/3 of the North Somerset Local Plan.

7. Bird management control measures shall be agreed with the Local Planning Authority prior to the commencement of development and shall be implemented in accordance with the agreed measures for the duration of the operations hereby permitted.

Reason: In the interests of public safety in compliance with Policy ENV/1 of the North Somerset Local Plan.

8. The civic amenity/recycling facility shall not be open for public use outside the following hours: Winter (October to March) Monday - Saturday 08.00 to 16.30 hours and Summer (April to September) Monday –Saturday 08.00 to 18.00, and 0800 to 16.30 hours on Sundays and Bank Holidays.

Reason: To prevent unnecessary disturbance to local residents in compliance with Policy ENV/1 of the North Somerset Local Plan.

9. The proposed civic amenity facility shall not be opened for public use until such time as the highway works at the junction of Church Town and Church Lane, those at the junction of Dark Lane and Church Lane, and the mini-roundabout within the site entrance, together with a programme for the on-going clearance of roadside vegetation to improve visibility have been completed in accordance with details to be agreed with the Local Planning Authority.

Reason: In the interests of highway safety in compliance with Policy T/11 of the North Somerset Local Plan.

10. No development shall take place until security gates, fencing and height barrier has been erected around the boundary of the site, in a manner to be agreed with the Local Planning Authority.

Reason: To protect the site for security purposes in accordance with Policy ENV/1 of the North Somerset Local Plan.

11. No development shall be commenced until drainage details including land drainage where applicable have been submitted to and approved by the Local Planning Authority. Such works shall be carried out concurrently with the development to a programme to be agreed and approved in writing by the Local Planning Authority.

Reason: To ensure that the development is served by a satisfactory system of foul and surface water drainage and in accordance with Policy ENV/1 of the North Somerset Local Plan.

12. Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls, details of which shall be submitted to the Local Planning Authority for approval. The volume of the bunded compound should be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound should be at least equivalent to the capacity of the largest tank, of the combined capacity of interconnected tanks, plus 10%; or 25% of the total volume which could be stored at any one time, whichever is the greater. There shall be no discharge of foul or contaminated drainage or trade effluent from the site into either groundwater or any surface waters, whether direct or via soakaways.

Reason: To prevent pollution of the water environment in compliance with Policy ENV/1 of the North Somerset Local Plan.

13. The drainage system shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework should be located above ground where possible, and protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to discharge downwards into the bund.

Reason: To prevent pollution of the watercourses in compliance with Policy ENV/1 of the North Somerset Local Plan.

14. No development shall take place until details of a landscaping scheme have been submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure that a satisfactory landscaping scheme is prepared and in accordance with Policy LSC/1 of the North Somerset Local Plan.

15. For the duration of the development works existing trees shall be protected by a suitable barrier erected and maintained at a distance from the trunk or hedge specified in writing by the Local Planning Authority. The Authority shall be informed at least seven days before works start on site so that barrier position can be established. Within this protected area there shall be no excavation, tipping or stacking, nor compaction of the ground by any other means.

Reason: To ensure maximum protection of trees during site works and in accordance with Policy LSC/1 of the North Somerset Local Plan.

16. All works comprised in the approved details of landscaping should be carried out during the months of October to March inclusive following commencement of the approved use.

Reason: To ensure that a satisfactory landscaping scheme is implemented and in accordance with Policy LSC/1 of the North Somerset Local Plan.

17. Trees, hedges and plants shown in the landscaping scheme to be retained or planted which, during the development works or a period of ten years following full implementation of the landscaping scheme, are removed without prior written consent from the Local Planning Authority or die, become seriously diseased or are damaged, shall be replaced in the first available planting season with others of such species and size as the Authority may specify.

Reason: To ensure as far as possible that the landscaping scheme is fully effective and in accordance with Policy LSC/1 of the North Somerset Local Plan.

18. No work shall be commenced until samples of the materials to be used in the development, have been submitted to and approved, in writing, by the Local Planning Authority. The developments shall be carried out in the approved materials unless otherwise agreed in writing.

Reason: To ensure that materials to be used are acceptable and in accordance with Policy CON/1 of the North Somerset Local Plan/

19. The surfacing of the site access shown on the approved plan shall be kept clean and free of mud and other debris at all times in accordance with a scheme to be agreed, in writing, by the Local Planning Authority.

Reason: To ensure adequate access is provided in the interest of highway safety and the local environment and in accordance with Policy T/11 of the North Somerset Local Plan.

20. No fixed powered plant and machinery shall be used on site until it has been enclosed with sound-insulating material in accordance with a scheme to be agreed, in writing, with the Local Planning Authority.

Reason: In the interests of nearby residents and in accordance with Policy ENV/1 of the North Somerset Local Plan.

21. No development shall take place until a restoration plan for the Cheston Combe Civic Amenity Site has been submitted to and approved by the local planning authority. Such works shall be carried out concurrently with the development hereby approved.

Reason: In the interest of maintaining the nature conservation interest in the area in compliance with Policy NE/6 of the North Somerset Local Plan.

22. There shall be no movement of waste or recycling containers, skips or bins or deposited waste or recycling materials onto, around, or from the site by machines, plant or vehicles outside the following hours: Winter (October to March) Monday to Fridays 07.00 – 18.00 hours and Summer (April to September) Monday to Saturday 07:00 – 19:00 hours and 08:00-17:30 hours on Sundays and Bank Holidays.

Reason: To prevent unnecessary disturbance to local residents in compliance with Policy ENV/1 of the North Somerset Local Plan.

Advice Note

Notwithstanding planning approval the changes to the public highway as detailed in the development will be required to be examined with respect to constructional details and service requirements. Therefore, prior to any commencement of works the developer must contact the New Works Manager at Highway Services (01275 882009) and arrange for the necessary approvals.

CENTRAL AREA COMMITTEE

UPDATE SHEET

8 DECEMBER 2005

Item 5.3 05/P/2304/RG3 Coles Quarry, Church Town, Backwell

Letters received Four additional letters have been received objecting to the proposal, including one from a vicar of St Andrew’s Church and one from Backwell C of E Junior School, signed by the head and Chair of Governors. The letter from the school expresses concerns regarding the safety of children attending the school, arising from increased traffic movements, particularly heavy vehicles. They ask that consideration be given to the imposition of a 20 mph speed limit and to the restriction of heavy traffic movements for 30 minutes either side of the start and close of the school day. The other letters express objections to the proposal on the grounds of highway safety and traffic congestion on roads leading to the site, particularly in the vicinity of the church at times of services. Concern is also raised in respect of the increased opening hours and the likelihood of smells and vermin. A public meeting took place in Backwell on 5^th December and concerns were raised by local residents and other interested parties in respect of traffic congestion and highway hazards on road network close to the application site, particularly in relation to the nearby primary school. Concern was also raised regarding noise and disturbance to local residents from increased traffic and the use of the site as a civic amenity/waste facility.