Learning Center
Plans & pricing Sign in
Sign Out
Your Federal Quarterly Tax Payments are due April 15th Get Help Now >>



  • pg 1
									WILTSHIRE COUNCIL                                               AGENDA ITEM NO.09

13 MAY 2009

                      (Application No. N/08/07027)

Purpose of Report

1.    To consider the above application and recommend that planning permission be
      granted subject to conditions.

The Site

2.    The 0.6 hectare application site lies to the immediate west of the existing Kwik Skip
      recycling/reclamation yard, north-east of Calne. The land surrounding the site is
      primarily in agricultural use and there are existing high hedgerows on three sides of
      the site (north, east and south) with a 1.5 metre post and wire fence on the western

3.    The Kwik Skip site is located adjacent to and accessed from Bridleway 56, a
      continuation of Abberd Lane, which links the site to Calne and to the A3102 Wootton
      Bassett road.

4.    The location of the site is shown at Appendix 1.

Planning History

5.    The Kwik Skip reclamation yard has a complex planning history. In summary:

      N/90/1488      Retrospective application for change of use from agriculture to waste
                     transfer station refused by Wiltshire County Council on 25 February

      N91/1062       Application for change of use from agriculture to builders’ yard and
                     store refused by North Wiltshire District Council on 1 July 1991.

      N/91/2545      Application for change of use of redundant agricultural building to use
                     for reclamation, waste recycling and storage of skips refused by
                     Wiltshire County Council on 26 March 1992. North Wiltshire District
                     Council subsequently issued two enforcement notices for breaches of
                     planning control at the site.

                     In September 1992 the applicant successfully appealed against the
                     enforcement notices served by North Wiltshire District Council.
                     Permission granted on appeal for storage and transfer of waste over
                     part of the site. This established the site as a limited storage and
                     waste transfer facility.

      N/97/2703      Application submitted to erect building for sorting, recovery and
                     reclamation of waste, offices, mess room, vehicle workshop and
                     weighbridge - (withdrawn 17 March 1998).

CM09058/F                                    1
      N/98/2073       Resubmission of withdrawn application recommended for refusal by
                      officers but Committee minded to grant conditional permission.
                      (2 December 1998). Planning permission issued on
                      17 March 1999. This is the current permission which covers the site
                      and it further established it as a sorting, recovery and reclamation
                      centre on a larger scale.

The Proposal

6.    The application is for a change of use of agricultural land adjoining the approved site
      at Abberd Lane for storing empty skips and reclaimed materials and to provide an
      area for the lorries to manoeuvre.

7.    The applicant presently has some 700 skips and has recently taken over a locally
      based firm together with four staff, one lorry and their skips.

8.    There is insufficient space on site to handle the waste collected, amounting to some
      2,800 tonnes per month. An additional 4,000 square metres of hardstanding to store
      skips and reclaimed materials and to provide a turning area for vehicles would be

9.    No additional landscaping is proposed, and existing hedgerows would be allowed to
      grow with a new hawthorn hedgerow being planted on the western boundary.

10.   Proposed hours of operation and use of the site would accord with the existing hours
      of operation:

               07.00 -15.00 Monday to Friday
               07.00 -12.00 on Saturday
               No working on Sunday or Bank Holidays.

11.   The site currently has 17 employees and this would rise to 19 if permission is

12.   Details of the site layout are shown at Appendix 2.

Planning Policy

13.   The following Development Plan policies are considered relevant to the
      determination of this planning application:

              W2 and W4 of the Wiltshire and Swindon Structure Plan 2016 (Adopted April

              Policy 6 of the Adopted Wiltshire and Swindon Waste Local Plan 2011
               (Adopted March 2005)

              Policies C3, NE15, and BD5 of the North Wiltshire Local Plan 2011.

14.   All relevant policies are set out in the attached Appendix 3.


15.   Local Member, Mrs. N. Bryant - no comments received.

CM09058/F                                    2
16.    North Wiltshire District Council (Planning) - considered the proposal to involve a
       substantial extension of commercial activity out into agricultural land. Whilst no
       buildings are proposed, the laying of a hard surface and use of the land for storage of
       materials and vehicle manoeuvring would have a significant detrimental effect upon
       the rural character of the area. The proposal would be contrary to Local Plan (2011)
       policies, particularly C2, NE15 and BD5.

17.    North Wiltshire District Council (Environmental Health Officer) – no comments

18.    Calne Without Parish Council - no objections.

19.    Environment Agency – no objections to the proposed development.

20.    Countryside Section

       Landscape – requested more information be provided on the drawing submitted to
       show a cross section through the bund and details of how it is to be finished off.

       Confirms that the revised scheme, which incorporates the above requests, is
       appropriate for the site and will achieve a suitable fit in the landscape. Suggests that
       a condition should be imposed restricting the height of the bund. This would form part
       of a condition to control this feature of the scheme and to ensure its implementation.

       Ecology – satisfied that the existing ecology of the site has been taken into account
       and that it will not suffer any adverse impact as a result of the proposed

21.    Local Highway Authority (LHA) – satisfied that in view of the history of permissions
       on this site and the lack of complaints over the use of the bridleway for access, the
       proposed extension to the skip business will not have a detrimental impact on the
       bridleway. Comments that the surface condition of the bridleway has deteriorated
       due to the use by heavy vehicles and poor weather and suggests that a condition is
       attached to any permission granted to ensure the future maintenance and upkeep of
       the bridleway, and adjacent ditches, for all users of the right of way.

22.    Copies of the consultation replies are available in the Members’ Room.


23.    The application was advertised in the local press, by site notices and neighbour
       notification. No objections have been received from local residents.

Planning Considerations

24.    The application must be determined in accordance with the Development Plan unless
       material considerations indicate otherwise.

25.    The application proposes the extension of a long established waste management
       facility through the change of use of adjacent agricultural land on which to store
       empty skips and reclaimed materials and turn lorries. The site has operated under
       the current permission without any known objections from the local area for over ten
       years. Over this time business has grown and it has now reached a point where
       further space is required. The existing site provides an important facility in terms of
       its contribution to the management of waste in the County.

CM09058/F                                     3
26.   It is considered that the main issues in the determination of this application are:

            Landscape impact
            Highway safety and capacity

      Landscape Impact

27.   The former North Wiltshire District Council raised concerns that the proposed
      development would have a significant detrimental effect upon the rural character of
      the area, contrary to District Local Plan policy.

28.   Much of the current waste operation, including sorting, crushing and screening, is
      carried out within a large ‘agricultural-type’ building, which reduces its visual impact.
      The proposed extension area is to the rear and is currently an agricultural (improved)
      pasture field of short grass and bare earth bounded by deciduous hedgerows on
      three sides and a small earth bank on the western boundary.

29.   The Landscape Officer has considered the applicant’s proposals for a larger planted
      bund along the western boundary to screen site operations (storage of skips,
      reclaimed materials and turning vehicles), and improve security. It is concluded that
      this feature and the proposed planting is appropriate and would satisfactorily mitigate
      the visual impact of the site operations to an acceptable level. The proposed planting
      will also increase the potential for the creation of wildlife habitat and corridors. A
      height restriction could also be imposed on any storage uses so that the planting
      remained effective.

30.   Given the history of this site, officers can understand the concerns expressed by the
      former District Council. However, in light of the previous acceptance of a waste use
      in this location and the intended use of the application site and the advice of the
      Landscape Officer, it is considered that a refusal of planning permission could not be
      sustained on landscape grounds.

      Highway Safety and Capacity

31.   Previous applications at this site have received objections on highway safety grounds
      because access is gained along a stretch of bridleway and there was potential for
      conflict between users of the bridleway and vehicles accessing the recycling site.
      However, a number of passing bays were constructed as a requirement of the 1998
      planning permission and, despite the concerns, the safety record has been good and
      there have been no complaints from users of the bridleway.

32.   The LHA, having reviewed its stance in relation to the site, is satisfied that the
      proposed development would not have a detrimental impact to users of the
      bridleway. The LHA has suggested condition requiring the applicant to maintain the
      surface condition of the bridleway. However, this is not a matter for the planning
      system – the maintenance of a public bridleway is part of the duty of the highways
      authority and it has powers under the Highways Act to recover any extraordinary
      expenses which have been, or will be, incurred on maintenance.

Conclusion and Recommended Reasons for Granting Permission

33.   The proposed development would provide additional space at this existing waste
      management facility within which to store empty skips, reclaimed materials and allow
      heavy vehicles to turn. The visual impact of the development on the local area can be
      satisfactorily mitigated and the proposed planting could also enhance the biodiversity
      value of the site. The highway is adequate to deal with the traffic to be generated by
      the development. The development is considered to accord with the Development
      Plan and there are no material considerations to indicate that permission should not
      be granted.

CM09058/F                                     4

34.   That planning permission be granted for the above reasons and subject to the
      following conditions:


      1.     The development hereby permitted shall begin not later than three years from
             the date of this permission.

             Reason:        In accordance with Section 51(1) of the Planning and
                            Compulsory Purchase Act 2004.

      Approved Drawings

      2.     Unless required by conditions attached to this permission, the development
             hereby permitted shall be carried out in accordance with the submitted
             Drawing Numbers:

             KS 07B1 - Site plan - (Outline) submitted on 28 November 2008.

             KS 07F-Rev A - Detailed site plan - landscaping, storage and turning areas
             submitted on 18 March 2009.

             Reason:        To ensure the development is carried out in accordance with
                            the submitted details and for the avoidance of doubt.


      3.     Landscaping of the site shall be carried out in accordance with the details as
             shown on plan number KS 07F-Rev A dated 18 March 2009 within the first
             available planting season coinciding with or immediately following the
             commencement of development. Within a period of five years of the planting,
             any trees or shrubs which die, become diseased, are removed or damaged
             shall be replaced in the first available planting season with others of a similar
             size and species.

             Reason:        In the interests of the visual amenity of the area.

      Hours of Operation

      4.     No operations authorised by this permission shall take place outside of the
             following hours:

             07.00 to 15.00 Monday to Friday
             07.00 to 12.00 noon Saturday
             No operations shall take place on Sunday or Bank or Public Holidays.

             Reason:        To protect the amenities of local residents and visitors to the

      Restriction of Development

      5.     The land to which this permission relates shall be used for the purposes of
             storing empty skips, and reclaimed materials, and for the turning of vehicles
             and for no other purpose.

             Reason:        To secure the development as described in the application and
                            for the avoidance of doubt.

CM09058/F                                    5
         Restriction on Height of Storage

         6.       The height of any stockpiles or stacks of reclaimed or salvaged materials
                  shall not exceed a height of 3.0 metres above existing ground level.

                  Reason:        To protect the visual amenities of the area.

         7.       Empty skips shall not be stacked/stored in excess of 3.0 metres above
                  existing ground level.

                  Reason:        To protect the visual amenities of the area.


         8.       No external floodlighting or other illumination shall be erected or installed at
                  the site.

                  Reason:        To ensure that the development is carried out in accordance
                                 with the submitted details and to protect the amenities of the

         Mobile Plant

         9.       Prior to the commencement of development, the operator shall submit to the
                  Waste Planning Authority for approval details of the proposed arrangements
                  for ensuring that reversing vehicles do not emit warning noise that would have
                  an adverse impact on residential or rural amenity. The arrangements that are
                  approved shall be implemented and maintained throughout the life of the site.

                  Reason:        To safeguard the amenity of local residents and users of the

Service Director, Development

Report Author
Principal Planning Officer

The following unpublished documents have been relied on in the preparation of this

         Consultation replies

CM09058/F                                         6

To top