Wansbeck Plant Limited was a small business of only two by 3vP085oM

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									                              NORTHUMBERLAND COUNTY COUNCIL

                            PLANNING AND REGULATION COMMITTEE

     At a meeting of the Planning and Regulation Committee held at County Hall, Morpeth
     on Tuesday, 2 September 2008 at 10.30 a.m.


                                                PRESENT

                                            Councillor P. Kelly
                                          (Chairman, in the Chair)


                                             COUNCILLORS

                    Armstrong, A.R.                         Scott, Mrs. P.A.
                    Brechany, T.                            Todd, G.
                    Fearon, Mrs. J.B.                       Watkin, R.J.D.
                    Gobin, J.J.                             Wilson, T.S.
                    Heslop, E.


                               DISTRICT COUNCIL REPRESENTATIVE

                    Harrington, F.A.                        Castle Morpeth Borough Council
                    Butler, R.                              Wansbeck Borough Council


                                        OFFICERS IN ATTENDANCE

                    Asquith, Miss. A.                       Democratic Services
                    Bawn, A.                                Community and Environmental Services
                    Birnie, Mrs. S.                         Community and Environmental Services
                    Halliday, G.                            Community and Environmental Services
                    Laverick, Ms. S.                        Community and Environmental Services
                    Ledger, Mrs. K.                         Community and Environmental Services
                    Rickitt, S.E.                           Principal Solicitor
                    Walton, J.                              Community and Environmental Services
                    Wood, R.                                Community and Environmental Services


                                         ALSO IN ATTENDANCE

                    Woodard, D                              County Councillor


     17.    APOLOGIES FOR ABSENCE

            Apologies for absence were received from Councillors C.W. Horncastle, D. Moore,
            K. Parry, T.N. Thorne and B. Douglas.

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     18.     MINUTES

             RESOLVED that the minutes of the Planning and Regulation Committee, held on
             Tuesday, 29 July 2008, as circulated, be confirmed as a true record, and signed by
             the Chairman, subject to the following amendment (identified in italics) to agenda
             item 15 (1) (a) 05/00151/CCMEIA - Extension to Seghill Landfill Site for the disposal
             of non-hazardous waste including new access road with bridge over railway, waste
             reception area, composting facility, re-grading of land to the south of the site, re-
             routing of powerline, landscaping and surface water drainage scheme on land
             adjacent to Seghill Landfill Site.

             “Having taken into account the applicant’s Environmental Statement and the
             supplementary information, the representations made and the likely environmental
             impacts of the proposed development, it was RESOLVED that permission be
             granted for the reasons contained in the report, subject to:-

             (a)    the conditions appended to the report, subject to any minor amendments
                    being agreed by the Divisional Director Consumer Protection, Planning &
                    Waste Management in consultation with the Chairman, and

             (b)    the satisfactory completion of a legal agreement in relation to the provision,
                    upgrading and maintenance of the proposed off-site public rights of way,
                    Holywell Woods car park, the routing of SITA vehicles and long term
                    maintenance of amenity and ecological areas.

             (c)    and to the receipt of no new substantive issues from North Tyneside
                    Council.”


     19.     DISCLOSURE OF MEMBERS AND OFFICERS INTERESTS

             Councillor E. Heslop gave notice that he would disclose a personal and prejudicial
             interest prior to consideration of item 5 (1) (a) 07/00160/CCMEIA Extraction of
             Whinstone and restoration to agriculture on 7.2ha of land to the north and west of
             Divethill Quarry, Capheaton, Newcastle upon Tyne, on the agenda, as the
             landowner was a friend.

             Councillor F.A. Harrington gave notice that he would disclose a personal interest
             prior to consideration of item 5 (1) (c) 08/00042/CCM Change of use to waste
             recycling facility and erection of storage bay at Broadlaw Farm, Shilvington near
             Morpeth, on the agenda, as a member of his family had objected to the application.

             Councillor R.J.D. Watkin gave notice that he would disclose a personal interest prior
             to consideration of items 4 (1) Proposed Speed Limit Alterations Various Locations
             in Northumberland and 4 (2) Proposed “No Waiting At Anytime” and “Prohibition of
             Driving Except For Access To Off-Street Premises” Restrictions – Queen Elizabeth
             Road, Merley Gate and Southgate Wood, Morpeth, on the agenda, as the Portfolio
             Assistant for Highways and Operations.



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             Mr. R. Wood gave notice that he would disclose a personal interest prior to
             consideration of item 5 (1) (c) 08/00042/CCM Change of use to waste recycling
             facility and erection of storage bay at Broadlaw Farm, Shilvington near Morpeth, on
             the agenda, as he had done work for the Farm.


     20.     TRAFFIC REGULATION ORDER

             (Reports of the Executive Director of Community and Environmental Services
             enclosed as Appendix A).

             (1)   Proposed Speed Limit Alterations Various Locations in
             Northumberland

             The report considered the introduction of new and extended 30mph speed limits on
             roads throughout the County.

             RESOLVED that the Executive Director of Community and Environmental Services
             be advised that the proposed speed limit alterations be endorsed.

             (2)    Proposed “No Waiting At Anytime” and “Prohibition of Driving Except
                    For Access To Off-Street Premises” Restrictions – Queen Elizabeth
                    Road, Merley Gate and Southgate Wood, Morpeth.

             The report considered the introduction of an order for ‘No Waiting at Any Time’ on
             Queen Elizabeth Way between the A197 and Merley Gate Estate/County Hall and
             ‘Prohibition of Driving Except for access to Off-street Premises’ restrictions on
             Merley Gate and South Gate Wood, Morpeth. These proposals will serve as
             protection from indiscriminate parking on the road between the A197 and County
             Hall and to prevent the dispersed vehicles moving into the residential areas.

             RESOLVED that:-

             (a) the objections are noted, and

             (b) the Executive Director of Community and Environmental Services be advised
             that the Committee endorse the introduction of ‘No Waiting at Any Time’ on Queen
             Elizabeth Way and ‘Prohibition of Driving Except for access to Off-Street Premises’
             restrictions on Merley Gate and South Gate Wood, Morpeth.


     21.     DEVELOPMENT CONTROL

             The Committee considered the following applications for planning permission which
             are enclosed with the signed minutes as Appendix B:

             (1)    County Matters

             (a)   07/00160/CCMEIA - Extraction of Whinstone and restoration to
             agriculture on 7.2ha of land to the north and west of Divethill Quarry,
             Capheaton, Newcastle upon Tyne.

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             In accordance with Minute No.19, Councillor E. Heslop left the meeting room during
             consideration and determination of the application.

             RESOLVED that permission be granted for the reasons and subject to the
             conditions contained in the report.

             (b)   08/00036/CCM - Variation to condition 1 of planning permission
             04/00182/MINREV to extend the time for Peat extraction and processing until
             30 June 2029 at Kemping Moss Peat Extraction Site, Lowick, Berwick upon
             Tweed.

             Mrs. K. Ledger presented this application to the Committee. She stated that if the
             Committee were to agree the application planning conditions 3 and 4 could be
             strengthened to reinforce the revised restoration scheme proposed at the site.

             RESOLVED that permission be granted for the reason and subject to the planning
             conditions contained in the report. It was also agreed that the Divisional Director of
             Planning, Waste Management and Consumer Protection in consultation with the
             Chairman be authorised to agree amendments to conditions no. 3 and 4 and any
             further conditions that might be required following the receipt or comment from the
             Berwick Environmental Health Officer.

             (c)    08/00042/CCM - Change of use to waste recycling facility and erection
             of storage bay at Broadlaw Farm, Shilvington near Morpeth.

             Mr R. Wood left the meeting room during consideration and determination of the
             application.

             Mrs. K. Ledger presented this application to the Committee. On the completion of
             the officer’s presentation, the Chairman referred to the procedures which allowed
             public speaking at the Committee and reported that one member of the public, a
             representative from the Parish Council and the applicant had all given notice that
             they wished to make representations to the Committee.

             Sir. D. Bradbeer, Forge Cottage, Shilvington, Ponteland spoke against the
             application. He highlighted his main concerns as outlined in his objection letter.

             Mr. D. Fenney of Whalton Parish Council spoke against the application as detailed
             in the Parish Council’s objection letter.

             Mr. K. Pugh of Wansbeck Plant Limited, the applicant, addressed the Committee.
             He stated that the application was for the change of use from vacant land to waste
             recycling facility and erection of storage bay. Wansbeck Plant Limited was a small
             business of only two people and stated that there would only be a 3 tonne lorry
             working at the site. The area was an unused piece of land within the farm complex.
             The nearest dwellings are Broadlaw Farmhouse and two semi-detached properties
             which were part of the farm. He commented that there were no properties within
             500 metres of the proposed site. The nearest settlements to the site were Whalton,
             approximately 3 kilometres to the northwest and Stannington Station, approximately


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Planning and Regulation Committee, 2 September 2008                                               4
             5 kilometres to the north east. The material would be processed by a mobile
             crusher when sufficient material is available, approximately a few days per month.

             The development would give rise to a maximum of 20 lorries per day to the site,
             although average numbers would be approximately 7 lorries to the site per day.
             The site would operate between 8am and 6pm Monday to Friday and 8am to 1pm
             on Saturday. Half the vehicles would be travelling to Ponteland and the other half
             to Morpeth. Vehicles would be travelling along a good stretch of road.

             Mr Pugh stated that national, regional and local waste policies encouraged the
             reduction of waste being disposed of in landfill sites and the increases in the
             amount of waste being re-used or recycled. The proposed development therefore
             was in accordance with the policy to divert waste from landfill. However, Mr Pugh
             stated that the officers recommendations to refuse permission on the grounds that
             the development was contrary to Policy RE5 of the Waste Local Plan were not
             reasonable. He stated that the Waste Local Plan, adopted in 2001, had now
             expired, was way out of date, and should not be used as a basis to refuse the
             application.

             He invited the Committee to visit the site and reminded members that this
             application was for a small private site.

             The Chairman thanked the speakers for their contribution and invited officers to
             comment on the points raised. Mrs Ledger responded to the fact that Policy RE5 in
             the Waste Local Plan in the Waste Local Plan is a ‘saved Policy’ and therefore it is
             correct to assess the application against this policy.

             Councillor F.A. Harrington reaffirmed the concerns of the Borough Council
             regarding traffic in the area and the hazardous length of road the vehicles would be
             travelling along. He also commented on the Environmental Health Officers
             concerns regarding noise at the site.

             RESOLVED that permission be refused for the reason contained in the report. It
             was also agreed that the Divisional Director of Planning, Waste Management and
             Consumer Protection in consultation with the Chairman be authorised to agree any
             amendments to the conditions or further conditions in the interest of the amenity of
             the local area.

             (d)   08/00082/CCM - Change of use of part of sand and gravel stockpile area
             to permit the storage and processing of inert waste materials at Thornbrough
             Quarry.

             Councillor Mrs. J.B. Fearon reported that she did not support the application. She
             had been disappointed that an application had been submitted and was not in
             favour of importing materials for crushing as the noise levels at the site were
             already a concern.

             Mr G. Halliday reported that officers could revisit the conditions stated in the report
             to see if anything further could be added to reduce noise levels at the site.



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             RESOLVED that permission be granted for the reason and subject to the planning
             conditions contained in the report.

             (e)   08/00083/CCM - Upgrading of Otterburn Waste Water Treatment Works,
             Otterburn, Newcastle upon Tyne.

             RESOLVED that permission be granted for the reason and subject to the planning
             conditions contained in the report and to the receipt of a satisfactory survey relating
             to protected species.

             (2)    County Council Developments

             (a)   08/00089/RMA - Construction of a new community fire station and fire
             service headquarters at West Hartford Business Park, Cramlington.

             Mrs. S. Birnie presented this application to the Committee and reported that Blyth
             Valley Borough Council raised no objections. On the completion of the officer’s
             presentation, the Chairman referred to the procedures which allowed public
             speaking at the Committee and reported that one member of the public and a
             representative for the applicant had given notice that they wished to make
             representations to the Committee.

             Mr. W. Cross, 59 Hauxley Drive, Cramlington spoke against the application. He
             highlighted his main concerns as outlined in his objection letter.

             Mr. N. Cook, Fire Service spoke on behalf of the applicant. A copy of his statement
             has been enclosed with the signed minutes.

             The Chairman thanked the speakers for their contribution.

             RESOLVED that permission be granted for the reason and subject to the
             conditions contained in the report.

             (b)    08/00091/CCD - Construction of a new community fire station and
             training facilities including associated access, drainage and landscaping at
             Pegswood Bypass and Link Road to village, Pegswood.

             Councillor T.S. Wilson queried when the decision to reallocate the headquaters for
             the new fire station had been made and the reasons for the move from Pegswood
             to Cramlington. Mr S. Rickitt agreed to investigate the query raised.

             RESOLVED that permission be granted for the proposed community fire station for
             the reason and subject to the conditions contained in the report and the
             determination of the application not being recovered by the Secretary of State.

             (c)   08/00094/CCD – Two storey extension together with 14 no. additional
             parking spaces and construction of a covered walkway at Foundry House,
             Bedlington.

             RESOLVED that permission be granted for the reason and subject to the
             conditions contained in the report.

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             (3)    Tree Preservation Order

             08/00061/TPO - Fell 1 Sycamore and 4 Ash trees at Scotch Gill Wood, to the rear
             of 69 Wansdyke, Lancaster Park, Morpeth.

             RESOLVED that consent be granted subject to the conditions contained in the report.


     22.     DEVELOPMENT CONTROL INFORMATION

             (Report enclosed with the signed minutes as Appendix D).

             (1)    Applications on hand at 1 September 2008

             (2)    Decisions to be issued as of 1 September 2008

             (3)    Delegated Decisions since the meeting held on 29 July 2008

             RESOLVED that the report be noted.



                                                      CHAIRMAN

                                                      DATE




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