decision notice ESS 13 11 COL by pengxuezhi

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									                         ESSEX COUNTY COUNCIL

     TOWN AND COUNTRY PLANNING ACT 1990 (as amended)
  Town and Country Planning (Development Management Procedure)
                       (England) Order 2010

To:    Colchester Skip Hire Ltd, Greenacres, Old Packards Lane,
       Wormingford, Colchester

In pursuance of the powers exercised by it as County Planning Authority the
Essex County Council has considered your application to carry out the
following development:

Resubmission of application ESS10/10/COL for the redevelopment of the
existing established recycling/recovery centre to provide a new waste
management facility with associated change of use of land. The facility
comprises of weighbridge, single storey administration offices,
relocation of existing weighbridge, relocation of existing diesel storage
tank, conversion of existing buildings to provide a vehicle and plant
maintenance workshop, storage areas, landscaping, additional
hardstanding and rainwater harvesting system at Greenacres, Old
Packards Lane, Wormingford, Colchester

and in accordance with the said application and the plan(s) accompanying it,
hereby gives notice of its decision to REFUSE PERMSSION FOR the
following reasons:


  i)   The proposed development would create an industrial development
       within an unsuitable location outside the urban area of Colchester
       which would adversely affect the visual amenity of the surrounding
       area. The proposed development would not be located within an
       existing general industrial area, area allocated for general industrial
       use in an adopted Local Plan or an employment area, existing waste
       management site, or area of degraded, contaminated or derelict land
       contrary to Policy W8B of the Essex and Southend Waste Local Plan
       2001;

  ii) The site is located within an area of countryside beyond any area
      identified for development within the Colchester Borough Council Local
      Development Framework Site Allocations document or Core Strategy
      and is subject to rural policies of restraint. The proposed development,
      by reason of its nature, scale and location, would create an
      incongruous feature inappropriate to the character of the countryside
      contrary to Policies SD1, CE1, CE3, ENV1 and ENV2 of the Colchester
      Borough Council Local Development Framework Core Strategy 2008
Application Ref: ESS/13/11/COL


      and Policy W10E of the Essex and Southend Waste Local Plan 2001;

  iii) The proposed development would further enclose the setting of a
       Listed Building which would have a detrimental impact upon its historic
       value. The development would be a discordant feature in the
       landscape and enclose a Listed Building having an unacceptable
       impact upon its setting contrary to Policies DP14 of the Colchester
       Borough Council Development Plan Document and Policy W10E of the
       Essex and Southend Waste Local Plan 2001;

  iv) The proposed development is inappropriate in the countryside/rural
      area causing harm to the character of the countryside location and
      would not protect the existing landscape character of the area. The
      development is out of keeping with the aim of protecting the
      countryside as such is contrary to Policies ENV1 and ENV2 of the
      Colchester Borough Council Local Development Framework Core
      Strategy 2008and Policy W10E of the Essex and Southend Waste
      Local Plan 2001, and;

  v) The proposed building’s siting, scale, form, massing and materials are
     not characteristic of this part of the countryside. The proposal would be
     an unsympathetic and urbanising feature within open countryside
     materially detracting from its character contrary to Policies UR2, ENV1,
     ENV2 of the Colchester Borough Council Local Development
     Framework Core Strategy 2008 and Policy W10E of the Essex and
     Southend Waste Local Plan 2001.



The following policies and proposals in the development plan(s) are relevant
to this decision:

Colchester Borough Council Adopted Core Strategy adopted December
2008

CE1 – (Centres of Employment Classification & Hierarchy)
CE3 – (Employment Zones)
ENV1 – (Environment)
ENV2 – (Rural Communities)
SD1 – (Sustainable Development Locations)
UR2 – (Built Design and Character)

Colchester Development Policies Document, adopted October 2010

DP1 – (Design and Amenity)
DP8 – (Agricultural Development and Diversification)
DP9 – (Employment Uses in the Countryside)
DP14 – (Historic Environment Assets)
DP20 – (Flood Risk Management and Surface Water Drainage)



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Application Ref: ESS/13/11/COL


Essex and Southend Waste Local Plan adopted September 2001

W3A – (Principles of Development)
W4A – (Water Pollution)
W4B – (Flood Control)
W4C – (Highways)
W7E – (Material Recovery Facilities)
W8A – (Preferred Sites (Waste Management Facilities)
W8B – (Non – preferred sites)
W10E – (Impacts of Development)
W10F – (Hours of Operation)
W10G – (Public Rights of Way)

                                        Dated1 ..........13 June 2011.... ...........
COUNTY HALL
CHELMSFORD                              Signed:



     IMPORTANT - ATTENTION IS DRAWN TO THE NOTES ON THE NEXT
                               PAGE




1
    Date issue decision


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Application Ref: ESS/13/11/COL


                                     NOTES

(1)    An applicant aggrieved by the decision of the County Planning
Authority to refuse permission or approval for the proposed development, or
to grant permission or approval subject to conditions, may appeal to the
Secretary of State for the Environment, in accordance with Section 78 of the
Town and Country Planning Act 1990, within six months of receipt of this
notice (appeals must be made on a form which is obtainable from the
Planning Inspectorate, Customer Support Unit, Temple Quay House, 2 The
Square, Temple Quay, Bristol, BS1 6PN (0117 372 6372) www.planning-
inspectorate.goc.uk). - 3 copies will be supplied. The Secretary of State may
allow a longer period for the giving of a notice of appeal but he will not
normally do so unless there are special circumstances, which excuse the
delay in giving notice of appeal. He may decline to determine an appeal if it
appears to him that permission for the proposed development could not have
been granted by the County Planning Authority, or could not have been so
granted otherwise than subject to the conditions imposed by it, having regard
to the statutory requirements, * to the provisions of the development order and
to any directions given under the order.

Any applicant wishing to appeal against a refusal of permission or grant of
permission subject to conditions shall furnish to the Secretary of State a copy
of each of the following documents:

       (i)     the appeal form, completed in full, signed and dated;
       (ii)    the application;
       (iii)   all relevant plans, drawings, particulars and documents
               submitted with the application (including a copy of any notice
               provided in accordance with Section 65 of the Act and of the
               relevant certificate given in accordance with Section 66 of the
               Act);
       (iv)    the notice of the decision; and
       (v)     all other relevant correspondence with the planning authority.

The second copy of the appeal form must be sent to the County Planning
Authority at the address from which the decision on the application was
issued, together with copies of any additional plans, drawings or
correspondence which relate to the application and are being submitted to the
Secretary of State as part of the appeal.

The third copy of the appeal is for the applicant’s retention.

An applicant who desires to appeal against a decision of the County Planning
Authority refusing to grant any consent, agreement or approval required by a
condition imposed on a grant of planning permission (other than an
application for approval of reserved matters) or granting any such consent,
agreement or approval subject to conditions shall give notice of appeal to the
Secretary of State in writing within six months of the receipt of notice of the
decision; where notice of decision on an application for such consent,
agreement or approval has not been given within eight weeks from the date


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Application Ref: ESS/13/11/COL


when the application was received by the County Planning Authority the
applicant may appeal to the Secretary of State in writing within the six months
of the expiry of that period.

(2)     If permission to develop land is refused or granted subject to
conditions, whether by the County Planning Authority or by the Secretary of
State for the Environment, and the owner of the land claims that the land has
become incapable of reasonably beneficial use in its existing state and cannot
be rendered capable of reasonably beneficial use by the carrying out of any
development which has been or would be permitted, he may serve on the
District Council for the area in which the land is situated a purchase notice
requiring that Council to purchase his interest in the land in accordance with
the provisions of Part VI of the Town and Country Planning Act 1990.

(3)   In certain circumstances, a claim may be made against the County
Planning Authority for compensation where permission is refused or granted
subject to conditions by the Secretary of State on appeal or on a reference of
an application to him. The circumstances in which such compensation is
payable are set out in Section 114 of the Town and Country Planning Act
1990.

* The statutory requirements are those set out in Section 79(6) of the Town
and Country Planning Act 1990, namely Sections 70 and 72(1) of the Act.




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Application Ref: ESS/13/11/COL


                          Regulation 21 Statement


Town and Country Planning (Environmental Impact Assessment) (England
and Wales) 1999, (as amended).

Regulation 21 Statement
This sets out the main reasons and considerations on which the decision is
based having taken into account the findings of the Environmental Statement
dated January 2011 when determining the application for planning permission
for:

Location: Greenacers, Old Packards Lane, Wormingford, Colchester
Reference: ESS/13/11/COL
Application for: Resubmission of application ESS10/10/COL for the
redevelopment of the existing established recycling/recovery centre to
provide a new waste management facility with associated change of use
of land. The facility comprises of weighbridge, single storey
administration offices, relocation of existing weighbridge, relocation of
existing diesel storage tank, conversion of existing buildings to provide
a vehicle and plant maintenance workshop, storage areas, landscaping,
additional hardstanding and rainwater harvesting system

The proposed scheme, like the three previous applications, seeks to provide a
waste management building to facilitate all waste recycling within an enclosed
building. Unlike the first two applications (ref: ESS/14/07/COL and
ESS/14/08/COL) this proposal like its predecessor (ref: ESS/10/10/COL) has
relocated the waste management building further north, within the agricultural
field, adjacent to Packards Lane and partially within the existing site. The
offices are now proposed to be located adjacent to the site entrance along the
north eastern boundary and the weighbridge office is now proposed to be
located in a separate building located within the lorry park and skip storage
area to the south of the site.

The proposed waste management building under the previous consent was of
a pitched roof design however, the current application proposes a curved roof
form which would be 99m in length (including overhangs), 46m at its widest
point and a maximum height of 11.2m.

A single storey general office with associated meeting room and staff facilities
are proposed as part of the application again with a curved roof form which
would be 20m in length (including overhangs) x 12m wide and 5.6m in height.

The single storey weighbridge office would be of a curved roof form being
10m in length (including overhangs) x 2.5m in width and a maximum height of
3.7m.

The existing recycling building/offices (700 square metres) on site are
proposed to be converted to be used as a vehicle and plant maintenance
workshop with part store, office and staff facilities. The conversion would


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Application Ref: ESS/13/11/COL


include east elevational alterations involving slide over doors and cladding to
match existing. The maintenance building is stated would only be used in
conjunction with the main activity by servicing and maintaining fleet vehicles,
plant and equipment.

All drainage for clean roof water is proposed to be accepted via an interceptor
that be handled through a rainwater harvesting system so that it can be
reused.

36 car parking spaces are proposed together with 2 disabled parking spaces
and 20 lorry parking spaces. A skip and container parking area is also
proposed as part of the scheme.

The proposed opening hours would be 6am - 6.00pm Mondays to Fridays,
and 6am - 1pm on Saturdays.

The application proposes to deal with commercial waste, through the
screening and sorting of waste which would be operated in accordance with
an Environmental Permit issued by the Environmental Agency. Current waste
input at the site is stated as approximately 48,000 tonnes per annum and it is
proposed within the application that the tonnage would generally remain the
same – i.e. not exceeding 50, 000 tonnes. The applicant has stated the
proposed need for the new facility is that it would make a contribution to
achieving targets for recycling, with the new facilities providing substantial
contributions to the levels of recovery and diversion necessary to achieve
National targets for which currently there are few facilities available in Essex.

The application states that the proposed scheme would not result in an
increase in the daily level of vehicle movements of 150 HGVs (75 in and 75
out) for vehicles that are greater than 3.5 tonne.

A landscaping scheme together with soil bunds are proposed to provide
screening to the site both visually and in terms of noise mitigation.

The Environmental Statement covered the following issues which were
identified through the Scoping Opinion dated 18th June 2008.

An Environmental Statement (ES) detailing the Environmental Impact
Assessment for the proposal has been submitted with the proposal. An
appraisal of the ES/EIA dated January2011 is set out in Appendix 1 and has
been taken into account in the officer recommendation.

      Population – nuisance and noise;
      Traffic;
      Population – Visibility;
      Population – Access;
      Ecology;
      Soil Resources;
      Atmospheric emissions;
      Cultural Heritage, and;


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Application Ref: ESS/13/11/COL


      Landscape.

The proposals have been the subject of an Environmental Impact Assessment
(EIA). The planning policies relevant to the development have been assessed
in detail. The environment of the application area and the surrounding area
has been assessed and based on the assessment and the design of the
proposed development predictions are made in respect of the likely impact of
the proposals on the environment the likely positive and negative effects on
the environmental factors specified in the Town and Country Planning
(Environmental Impact Assessment) (England and Wales) Regulations 1999
which are:-

Need, Principle of Site Location, Design & Landscape Impact, Historic
Environment, Ecology, Impact on Amenity, and Highway.

An assessment of potential environmental effects has been carried out of the
elements that could potentially result in environmental impacts.

These were considered within the officer’s report and appear as Appendix 1
dated 10 June 2011.

The EIA is considered to be acceptable in terms of Population – nuisance and
noise, Traffic, Population – Access, Ecology, Soil Resources, Atmospheric
emissions and not acceptable in relation to Population visibility, Cultural
Heritage and Landscape.

In terms of mitigating measures these were taken into account whilst
assessing the EIA and application as to whether the scheme could be made
acceptable through the use of planning conditions as set out with the
guidance in Circulars 11/95 and 02/99.

It is the considered view of the County Council that the Environmental
Statement has adequately addressed some of the key issues and that its
conclusions are agreed with however it is lacking under 3 sections as noted
above.




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