Mid Essex Gravel Plant Site

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					Application Number: ESS/12/11/CHL                Case Officer: Tom McCarthy
                                                 Ext: 51507
Site: Mid Essex Gravel Plant Site (Plot 3), Essex Regiment Way, Little Waltham,
Chelmsford, Essex, CM3 3PZ
Description: Retrospective application for the continued use of the warehouse waste
transfer and recycling station together with associated parking, external storage, fuelling
point, workshop, two-storey office accommodation, weighbridge, landscaping and fencing
without compliance with Condition 5 (storage of material) of planning permission
ESS/03/08/CHL to allow the outdoor storage of wood for a temporary period until 28
February 2012
Secretary of State Referral: No                  Date: 15th April 2011


1.       BACKGROUND

         There is a long planning history relating to various planning applications on the site
         and adjoining owned land. Many of these permissions have now expired and the
         majority of the site, with the exception of the warehouse, is now inactive. This
         warehouse waste transfer station was permitted in 2008 (ESS/03/08/CHL) and
         allowed the construction of a 5600m² warehouse for the purpose of operation as a
         waste transfer and recycling station together with associated parking, external
         storage, fuelling point, 240m² workshop, two-storey office accommodation,
         weighbridge, landscaping and fencing.

         The facility handles construction/demolition and commercial waste from within the
         Essex catchment area, of which 60% is proposed to be recycled and reused. The
         facility is currently permitted to handle a maximum 150,000 tonnes of material per
         annum.

         One of the conditions however to this consent, restricted the storage and
         processing of material outside the confines of the building permitted. Since this
         permission was issued, following a submission of details in relation to the building
         design, it was decided by the applicant and agreed by the Waste Planning
         Authority to allow the development to take place in two phases. As existing only
         phase 1 has been completed and therefore the warehouse has not been fully
         completed, although in respect of this no timeframe was ever agreed or stipulated.

2.       SITE

         Mid-Essex Gravel is located approximately 2km to the north of Chelmsford town
         centre, on Essex Regiment Way (A130) and to the east of the valley of the River
         Chelmer.

         The application site (Plot 3) is situated to the north, of the site as a whole, and is

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     bound by Essex Regiment Way (A130) and Channels Golf Club. The area is
     designated as an employment area and is located adjacent to site allocation 17 of
     the submitted version of the Chelmsford Borough Council North Chelmsford Area
     Action Plan (NCAAP) which has been highlighted as an important location for
     future employment development. To the west of the site, on the opposite side of
     the A130, is a designated Special Landscape Area and to the west and south of
     the site are two County Wildlife Sites.

     As previously discussed, only phase 1 of the development in relation to the building
     has been completed. As existing, this measures 42.3m by 64.8m (2800m²
     floorspace) and is located in the north east corner of the site. Also on site, within
     the red line of this application, is the weighbridge and two-storey office building.

     The site is accessed off the Belstead Farm Lane roundabout on the A130, from
     which the internal haul road (running south to north) leads to the site.

3.   PROPOSAL

     This application is seeking permission to continue to operate within the parameters
     of the existing permission (ESS/03/08/CHL) with the exception of being allowed to
     store and process waste wood for a temporary period of 12 months outside,
     adjacent to the existing warehouse building.

     The application is retrospective as the material is already on site and the
     processing of the material and its exportation has begun. The applicant has stated,
     in respect of this, that originally the material was stored in its present location as a
     short term solution whilst a company was sought to buy the wood shreds.
     However due to varying reasons which resulted in delays in starting up this
     operation, the pile grew rapidly in size to approximately the height of the existing
     warehouse building roofline.

     The waste wood shreds are stored on the area to which phase 2 of the warehouse
     would be built and currently there is approximately 3000 tonnes of material
     stockpiled. The wood shreds are currently being exported however the pile is
     reducing at a much slower rate than first expected (approximately 300 tonnes per
     month). Due to the period of time the wood shreds will therefore be on site, this
     application seeks to regularise the storage in the short term to a time at which the
     site would then be cleared.

     The plant used for the chipping operations would be a Haas slow-speed operated
     shredder. The shredder would only operate at this slow-speed to reduce the
     potential noise and dust impact.




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4.   POLICIES

     The following policies of the Chelmsford Borough Council Core Strategy (CCS) and
     the Essex and Southend Waste Local Plan (WLP) provide the development
     framework for this application. The following policies are of relevance to this
     application:

                                                        CCS               WLP
      Best Practicable Environmental Option                               W3A
      Highways                                                            W4C
      Materials Recovery Facilities                                       W7E
      Preferred Sites                                                     W8A
      Alternate Sites                                                     W8B
      Material Considerations: Policy                                     W10E
      Compliance and Effects of the
      Development
      Material Considerations: Operational                                W10F
      Hours
      Securing mixed uses in major                      DC5
      developments in town centres and
      principal neighbourhood centres
      Amenity and pollution                            DC29
      Site planning                                    DC42


5.   CONSULTATIONS

     CHELMSFORD BOROUGH COUNCIL – No objection.

     ENVIRONMENT AGENCY – No objection.

     BUILT ENVIRONMENT – (ENVIRONMENT, SUSTAINABILITY & HIGHWAYS) –
     (LANDSCAPE) – No objection.

     HIGHWAY AUTHORITY – No comments received.

     ESSEX COUNTY FIRE & RESCUE SERVICE – Initially raised a number of
     questions in relation to: whether the existing security measures were FB1 Fire
     Service compliant; whether there is an adequate water supply in the event of an
     emergency and; if an updated fire risk assessment has been carried out. Following
     subsequent information supplied by the applicant in respect of these issues, no
     objection to the proposal in principle was raised. However a series of informatives
     were suggested in relation to the above and continued maintenance/management
     of the site.


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     LITTLE WALTHAM PARISH COUNCIL – No comment to make.

     BROOMFIELD PARISH COUNCIL – No comments received.

     LOCAL MEMBER – CHELMSFORD – Broomfield & Writtle – No comments
     received.

6.   REPRESENTATIONS

     2 properties were directly notified of the application. No letters of representation
     have been received. The application was also advertised in the local press and on
     site.

7.   APPRAISAL

     The key issues for consideration are:

     A Need
     B Design and Vehicle Access
     C Landscape and Amenity Impact

A    NEED

     WLP policy W3A (Best Practicable Environmental Option) identifies the need for
     proposals to have regard to the following principles:
         consistency with the goals and principles of sustainable development;
         whether the proposal represents the best practicable environmental option
           for the particular waste stream and at that location;
         whether the proposal would conflict with other options further up the waste
           hierarchy;
         conformity with the proximity principle.

     Planning Policy Statement 10 (PPS 10) (Planning for Sustainable Waste
     Management) encourages waste to be managed as per the principles set out in the
     waste hierarchy. The waste hierarchy promotes, in this order; prevention of waste;
     re-use of waste; recycling of waste and then any other recovery. It states that the
     disposal of waste is the least desirable solutions and only suitable when none of
     the above is appropriate. Given that the proposal is in essence a recycling
     operation, it is considered that the proposal is in compliance with the objectives of
     PPS 10 and WLP policy W3A.

     WLP policy W7E (Material Recovery Facilities) states that sites suitable for
     proposals such as this, apart from those identified in Schedule 1, include sites
     which are associated with other waste management development . This is
     however subject to the considerations of WLP policy W8A which stipulates facilities

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    will only be permitted if there is; a need for the facility, it represents Best
    Practicable Environmental Option, shows compliance with the other policies of the
    WLP and has been designed and landscaped to a high standard.

    WLP policy W8B (Alternate Sites) identifies types of location other than those in
    Schedule 1 of the WLP at which waste management facilities would be permitted
    subject to the proposal being in line with relevant criteria of WLP policy W8A
    (Preferred Sites). These areas include employment areas (existing or allocated) or
    existing waste management sites where the proposed facility would not be
    detrimental to the amenity of any nearby residential area.

    Waste recycling is an established use on this site on Essex Regiment Way and the
    recently permitted warehouse waste transfer facility proves that in planning terms
    the site has previously been considered suitable for such development. In respect
    of this, in consideration of the complete Mid Essex Gravel Plant Site, planning
    permission was granted for Plot 4 in September 2007 by Chelmsford Borough
    Council for the re-development of this part of the site to provide a car auction sales
    facility, including sales hall, parking and vehicle storage, vehicle valeting and
    associated development along with service road and associated access and
    structural landscaping (reference 07/00318/FUL).

    CCS policy DC5 (Securing mixed uses in major developments in town centres and
    principal neighbourhood centres) details that in specific areas, including centres
    defined in the NCAAP, proposals will be required to provide an appropriate mix of
    use except where:
    i) the development itself makes efficient use of the site;
    ii) access to more than one use is physically impossible;
    ii) the overall balance of uses is sufficient to ensure economic variety and diversity.

    The warehouse waste transfer facility was part of this masterplan for the site, as a
    whole, and therefore it is considered that this proposal would not prevent or detract
    from this original plan (with the exemption of further delaying phase 2 of the
    warehouse) or the adjacent areas designation in the forthcoming NCAAP. In light
    of this and that Chelmsford Borough Council raised no objection to the proposal it
    is considered that the proposal would comply with the relevant criteria of WLP
    policies W8B and CCS policy DC5. However, compliance with the other aspects of
    WLP policy W8A in respect of access (WLP policy W4C) and environmental
    impacts (WLP policy W10E) are discussed further below.

B   DESIGN & VEHICLE ACCESS

    CCS policy DC42 (Site Planning) states that inter-alia permission would only be
    granted where the site planning and design of buildings and spaces:
    i) arranges access points, routes within the site, public and private spaces, building
    forms and ancillary functions in an efficient, safe, workable, spatially coherent and

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attractive manner; and
ii) incorporates existing site features of value; and
iii) does not cause unacceptable effects on adjoining sites, property or their
occupiers.

It further states that there would be a requirement for proposals to design-out
opportunities for crime and anti-social behaviour.

It is proposed that even with this additional storage and processing, the site would
still operate within the conditions expressed as part of ESS/03/08/CHL. In terms of
access and design the proposal therefore raises very little issues, especially in
consideration that the material is already onsite with no reported concerns. The
material is and would continue to be stored outside and whilst this raises issues in
relation to the landscape impact of the site, in terms of design and the site as a
whole, a stockpile of this nature would not be unusual on a site such as this.

WLP policy W4C (Highways) suggests that access for waste management sites will
normally be by a short length of existing road to the main highway network, via a
suitable junction. In relation to this site, vehicle access has already been appraised
as part of the existing permission and although in theory, this additional processing
would result in additional vehicle movements, the proposal would not result in
movements over and above that permitted by ESS/03/08/CHL. In respect of this
and that the current access off of Essex Regiment Way (A130) is sufficient to
adequately support this development, it is considered that the proposal complies
with WLP policy W4C and CCS policy DC42.

Further to the above in respect of the nature of the proposal, Essex Fire & Rescue
Service (EFRS) were a key consultee for this application in terms of fire safety.
EFRS initially raised a series of concerns with regard to sufficient access to the site
and water availability. However, following a series of negotiations with EFRS, the
applicant has agreed to improve the water supply to the site by installing a new
hydrant in the site. The justification for the installation, from an EFRS perceptive, is
that the two nearest hydrants are on the opposite side of the A130 to the site, so in
the event of a fire the A130 would have to be closed in order to allow use/access of
the hydrants. The new hydrant will solve this problem and in the event of a fire
minimise the impact on the surrounding area and infrastructure. As EFRS do not
object to the proposal in principle, as the application is retrospective and these
concerns can be dealt with under appropriate legislation (Regulatory Reform (Fire
Safety) Order 2005) it is considered inappropriate to impose this improvement work
as a condition of this application. The work along with a series of other advice in
relation to site practice however will be included as informative notes on the
decision notice.




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C   LANDSCAPE AND AMENITY IMPACT

    Further to achieving compliance with WLP policies W7E and W8A, policy W10E
    (Material Considerations: Policy Compliance and Effects of the Development)
    states that inter-alia developments would only be permitted where satisfactory
    provision is made in respect of the amenity of neighbouring occupiers, particularly
    from noise, smell and dust and the effect on the landscape and countryside.

    It is considered that the main considerations for this application compared to the
    existing permission are the visual and aural impacts of the storage and processing
    of the stockpile outside. The nearest residential area to the site is approximately
    450 metres away. Immediately to the north, east and south of the site is Channels
    Golf Course which is separated from the site by approximately 5 metre bunds and
    mature vegetation.

    The extra material would be accounted for within the site’s overall throughput and
    in relation to noise and dust the site would operate as per existing conditions. This
    would mean that the stockpile would be dampened in dry weather conditions to
    prevent dust nuisance and the activity would be accounted for in the bi-annual
    noise monitoring for the site.

    CCS policy DC29 (Amenity and pollution) states that planning permission should
    be refused if the development will or could give rise to polluting emissions unless
    appropriate mitigation is proposed and can be permanently maintained.

    In respect of the proposal, although it is accepted that the operations would be less
    intrusive if stored inside, it is considered in relation to the adjacent uses and
    surroundings that the impact is relatively minor. The material is no higher than the
    adjacent warehouse and would, in view that the material is now moving off site,
    reduce in visual impact as time goes on.

    WLP policy 10F (Material Considerations: Operational Hours) states where
    appropriate a condition restricting hours of operation may be necessary in regard to
    local amenity and the nature of the operation. In respect of this, the site as existing
    already operates under a condition which restricts the hours of working to 06:00 to
    18:00 Monday to Friday and 06:00 to 13:00 on Saturday (with the exception of
    some catch-up Saturdays following Bank Holidays). The proposal does not seek to
    amend these times and the waste wood would only be processed in accordance
    with these approved times.

    In view of the above, the distance to the nearest residential area and the existing
    background noise levels from the A130, it is considered that imposing a condition
    which would further restrict noise levels, would be unjustifiable. The noise levels
    originally approved (under ESS/03/08/CHL) were considered acceptable in respect
    of the site location and the nearest receptors. The last noise monitoring submitted

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     (November 2010) showed that the site is operating below its permitted noise levels
     and as part of the application details it has been stated that this activity is unlikely
     to result in noise sufficient enough to result in the site operating above its permitted
     noise levels. In respect of this, it is therefore considered that the proposal complies
     with WLP policies W10E and W10F and CCS policy DC29.

8.   CONCLUSION

     Whilst the proposal is retrospective, and applications as such are not ideal for the
     decision making authority, in this circumstance given the temporary nature of the
     proposal it is considered this is the most appropriate way to regularise operations
     at the site. The current site condition (most material onsite) would improve over
     the twelve month period and therefore the visual and aural appearance of the site
     would also improve. If permission was refused for the proposal, the material would
     still have to be removed at some point resulting in the same impacts, albeit maybe
     spread over a shorter period.

     Although it is considered that the main need for this application stems from the
     economic and financial constraints of the applicant, in terms of phase 2 of the
     development not yet forthcoming, it is still considered that in relation to waste
     planning there is a justified need for waste management operations.

     Considering that the proposal complies with the relevant WLP policies; W3A, W4C,
     W7E, W8A, W8B, W10E and W10F and CCS policies; DC5, DC29 and DC42, is in
     a location already approved for waste transfer and would not result in an significant
     impact on the area amenity value in relation to traffic generation, noise or dust, it is
     considered that the proposal is acceptable in the short term.

     RECOMMENDATION

     That planning permission be granted subject to the following conditions:

         1. The development hereby permitted shall be carried out in accordance with
            the details of the application (ESS/03/08/CHL) received on 21 January
            2008 together with Noise Survey undertaken by Bickerdike Allen Partners
            dated 8 May 2008, Noise Assessment by AERC Ltd dated June 2006,
            Safer Places Statement dated 30 April 2008, Flood Risk Assessment
            received 21 January 2008, Visual Impact Assessment received 21 January
            2008, Environmental, Remedial and Geotechnical Options Appraisal
            received 21 January 2008, Planning Statement received 21 January 2008,
            Design and Access Statement received 21 January 2008, Transport
            Statement received 21 January 2008, Emails from Sarah Stevens dated 3
            & 17 March 2008 and 13 May 2008, Letter from ETC dated 31 March 2008,
            Letter from Turley Associates dated 17 January 2008, 11 March 2008 & 3
            April 2008, Drawing Numbers 1991-SK-CA-3-Redline Rev D (Site Plan –

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   Red Line) dated 16 January 2008, 1991-SK-CA-0-003 (Existing Site Plan),
   1991-SK-CA-003-3 Rev D (Site Plan), 1991-SK-CA-3-000 Rev H (Plan
   detailed), 1991-SK-CA-3-002 Rev D (Sections), 1991-SK-CA-3-003 Rev E
   (Elevations), 1991-SK-CA-3-004 Rev F (Workshop elevations & office
   buildings plan & elevations), L07/04/02 (indicative landscape & strategy
   plan), Illustrative Drawings 1991-SK-CA-0-000 Rev C (General Layout
   ‘master plan’), 1991-SK-CA-3-005 (Workshop plan), 1991-SK-CA-3-006
   (Plan and elevation of workshop equipment) dated 4 February 2008, details
   of the application (ESS/49/09/CHL) dated 3 November 2009 together with
   Drawing Number 98066/PA/01 (Site Location Plan) dated November 2009,
   Drawing Number 98066/PA/02 (Red Line Application Boundary) dated
   November 2009, email from John Wilson, AMEC Earth & Environmental
   dated 13 November 2009, email from Jane Moseley, AMEC Earth &
   Environmental dated 26 November 2009 and details of the application
   (ESS/12/11/CHL) dated 7 February 2011 together with Drawing Number
   7888010081/PA/03 (Red Line Application Boundary) dated February 2011
   and Planning Statement (reference: 7888010054), dated 7 February 2011
   and in accordance with any details as are subsequently approved in writing
   by the Waste Planning Authority, except as varied by the following
   conditions:

   Reason: For the avoidance of doubt as to the nature of the development
   hereby permitted, to ensure development is carried out in accordance with
   the approved application details, to ensure that the development is carried
   out with the minimum harm of the local environment and to comply with
   policies W3A, W4C, W7E, W8A, W8B, W10E, and W10F of The Essex &
   Southend Waste Local Plan adopted September 2001 and policies DC5,
   DC29 and DC42 of the Chelmsford Borough Council Core Strategy &
   Development Control Policies Development Plan Document 2001-2021
   adopted February 2008.

2. The internal layout plan, internal circulation, internal storage and machinery
   shall be in accordance with letters dated 10 & 17 June 2009 and Drawing
   Numbers AQA1 SK401 revision P2 (Location of Internal Equipment
   Phase1) dated June 2009 and AQA1A SK403 revision P1 (Location of
   Internal Equipment Phase 2) dated June 2009 approved by the Waste
   Planning Authority on 17 August 2009 under planning permission reference
   ESS/03/08/CHL. The development hereby permitted shall be implemented
   in accordance with the approved scheme.

   Reason: In the interest of local and residential amenities and to comply with
   policies W3A, W4C, W7E, W8A, W8B and W10E of The Essex & Southend
   Waste Local Plan adopted September 2001 and policies DC29 and DC42
   of the Chelmsford Borough Council Core Strategy and Development
   Control Policies Development Plan Document 2001-2021 adopted

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   February 2008.

3. The throughput of waste at the site shall not exceed 150,000 tonnes per
   annum. The operators shall maintain records of their monthly and annual
   throughput which shall be made available to the Waste Planning Authority
   within 14 days of a written request.

   Reason: In the interest of the amenity of the locality and surrounding
   residential occupiers, also in order that the Waste Planning Authority can
   monitor throughput at the site and to comply with policies W3A, W7E, W8A,
   W8B and W10E of The Essex & Southend Waste Local Plan adopted
   September 2001 and policies DC5 and DC42 of the Chelmsford Borough
   Council Core Strategy and Development Control Policies Development
   Plan Document 2001 –2021 adopted February 2008

4. The handling, deposit, processing or transfer of waste outside the confines
   of the buildings approved for this purpose, shall only be permitted until 28
   February 2012. After which time no handling, deposit, processing or
   transfer of waste shall take place on site outside the confines of the
   buildings approved for this purpose.

   Reason: To ensure that the outdoor storage and processing is only a
   temporary measure and that in the future waste operations are confined to
   the designated areas, to protect local and residential amenity for the
   protection of the local environment and to comply with policies W3A, W4C,
   W7E, W8A, W8B, W10E, and W10F of The Essex & Southend Waste
   Local Plan adopted September 2001 and policies DC5, DC29 and DC42 of
   the Chelmsford Borough Council Core Strategy and Development Control
   Policies Development Plan Document 2001-2021 adopted February 2008.

5. Machinery to be used and storage bays shall be in accordance with letters
   dated 10 & 17 June 2009 and Drawing Numbers AQA1A-SK402 Revision
   P2 (Location of External Equipment Phase 1) dated June 2009 and
   AQA1A-SK404 Revision P1 (Location of External Equipment Phase 2)
   dated June 2009 approved by the Waste Planning Authority on 17 August
   2009 under planning permission ESS/03/08/CHL. The development hereby
   permitted shall be implemented in accordance with the approved scheme.

   Reason: To ensure that waste operations are confined to the designated
   areas and to protect local and residential amenity and for the protection of
   the local environment and to comply with policies W3A, W4C, W7E, W8A,
   W8B and W10E of The Essex & Southend Waste Local Plan adopted
   September 2001 and policies DC5, DC29 and DC42 of the Chelmsford
   Borough Council Core Strategy and Development Control Policies
   Development Plan Document 2001-2021 adopted February 2008.

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6. The access and outside areas used in connection with the development
   hereby permitted shall be sprayed with water during dry weather conditions
   to prevent dust nuisance.

   Reason: To protect the amenities of the locality from the effects of dust
   arising from the operations and to comply with policies W3A and W10E of
   The Essex & Southend Waste Local Plan adopted September 2001 and
   policies DC29 and DC42 of the Chelmsford Borough Council Core Strategy
   and Development Control Policies Development Plan Document 2001-2021
   adopted February 2008.

7. The outside stockpiles used in connection with the development hereby
   permitted shall be dampened in dry weather conditions to prevent dust
   nuisance.

   Reason: To protect the amenities of the locality from the effects of dust
   arising from the operations and to comply with policies W3A and W10E of
   The Essex & Southend Waste Local Plan adopted September 2001 and
   policies DC29 and DC42 of the Chelmsford Borough Council Core Strategy
   and Development Control Policies Development Plan Document 2001-2021
   adopted February 2008.

8. No loaded vehicles shall leave the site un-sheeted.

   Reason: In the interest of highway safety and safeguarding the local
   environment and to comply with policies W4C, W10E, and W10F of The
   Essex & Southend Waste Local Plan adopted September 2001 and policy
   DC29 of the Chelmsford Borough Council Core Strategy and Development
   Control Policies Development Plan Document 2001-2021 adopted
   February 2008.

9. No material (including waste) and/or skips shall be stockpiled or deposited
   to a height exceeding 3 metres from ground level.

   Reason: In the interest of local and residential visual amenity and to comply
   with policies W8A, W8B and W10Eof The Essex & Southend Waste Local
   Plan adopted September 2001 and policy DC29 of the Chelmsford Borough
   Council Core Strategy and Development Control Policies Development
   Plan Document 2001-2021 adopted February 2008.

10. All plant and machinery shall be silenced at all times in accordance with
    manufacturer’s recommendations.

   Reason: In the interest of local and residential amenity and to comply with

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   policies W8A, W8B and W10Eof The Essex & Southend Waste Local Plan
   adopted September 2001 and policy DC29 of the Chelmsford Borough
   Council Core Strategy and Development Control Policies Development
   Plan Document 2001-2021 adopted February 2008.

11. Parking layout and turning tables for vehicle manoeuvring shall be in
    accordance with letter dated 28 May and Drawing Numbers AQA1A-201
    Revision T1 (Tracking in and out on weighbridges) dated March 2009,
    AQA1A-202 Revision T1 (Tracking in and out from building) dated March
    2009, AQA1A0293 Revision T1 (Tracking through weighbridge and reverse
    into building) dated March 2009, AQA1-106 Revision P1 (Swept path
    layout) dated August 2008 and AQA1-100 Revision T2 (Site layout)
    approved by the Waste Planning Authority on 17 August 2009 under
    planning permission reference ESS/03/08/CHL. The development hereby
    permitted shall be implemented in accordance with the approved scheme.

   Reason: In the interest of highways safety and safeguarding the local
   environment and to comply with policy W4C of The Essex & Southend
   Waste Local Plan adopted September 2001 and policies DC29 and DC42
   of the Chelmsford Borough Council Core Strategy and Development
   Control Policies Development Plan Document 2001-2021 adopted
   February 2008.

12. Boundary fences and walls shall be in accordance with letters dated 28
    May and 30 July 2009 and Drawing Number AQA1A-SK405 Revision P1
    (Location of boundary fences Phase 1 and 2) dated July 2009 approved by
    the Waste Planning Authority on 17 August 2009 under planning
    permission reference ESS/03/08/CHL. The development hereby permitted
    shall be implemented in accordance with the approved scheme.

   Reason: To ensure the satisfactory means of enclosure for the proposed
   development in the interests of the visual amenity of the area and to
   comply with policies W8A, W8B and W10E of The Essex & Southend
   Waste Local Plan adopted September 2001 and policies DC5 and DC29 of
   the Chelmsford Borough Council Core Strategy and Development Control
   Policies Development Plan Document 2001-2021 adopted February 2008.

13. Landscaping of the site shall be in accordance with the letter dated 17 June
    2009 approved by the Waste Planning Authority on 17 August 2009 under
    planning permission reference ESS/03/08/CHL. The development hereby
    permitted shall be in accordance with the approved landscaping scheme.

   Reason: To comply with Section 197 of the Town and Country Planning Act
   1990 to improve the appearance of the site in the interest of visual amenity
   (to screen the workings and assist in absorbing the site back into the local

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   landscape) and to comply with policies W8A, W8B and W10E of The Essex
   & Southend Waste Local Plan adopted September 2001 and policies DC5
   and DC29 of the Chelmsford Borough Council Core Strategy and
   Development Control Policies Development Plan Document 2001-2021
   adopted February 2008.

14. Any tree or shrub forming part of the approved landscaping scheme as set
    out in the letter from Clark Smith Partnership dated 17 June 2009 and
    approved by the Waste Planning Authority on 17 August 2009 under
    planning permission reference ESS/03/08/CHL that dies, is damaged,
    diseased or removed within the period of 5 years after the completion of
    operations shall be replaced in the next available planting season (October
    to March inclusive) with a tree or shrub to be agreed in writing with the
    Waste Planning Authority.

   Reason: In the interests of the amenity of the local area and to ensure
   development is adequately screened and to comply with policies W8A,
   W8B and W10E of The Essex & Southend Waste Local Plan adopted
   September 2001 and policies DC5 and DC29 of the Chelmsford Borough
   Council Core Strategy and Development Control Policies Development
   Plan Document 2001-2021 adopted February 2008.

15. Existing and finished site levels, finished floor and ridge levels of the
    buildings and finished external surface levels shall be in accordance with
    the letters dated 28 May 2009 and 30 July 2009 and Drawing Number
    AQA1A-SK406 Revision P1 (Elevation and section of proposed building)
    dated July 2009 approved by the Waste Planning Authority on 17 August
    2009 under planning permission reference ESS/03/08/CHL. The
    development hereby permitted shall be implemented in accordance with
    the approved scheme.

   Reason: To ensure that any works in connection with the development
   hereby permitted respects the surrounding area and the locality and to
   comply with policies W3A and W10E of The Essex & Southend Waste
   Local Plan adopted September 2001 and policies DC5 and DC29 of the
   Chelmsford Borough Council Core Strategy and Development Control
   Policies Development Plan Document 2001-2021 adopted February 2008.

16. External lighting and security measures shall be implemented and
    maintained in accordance with emails from David Clark received
    16/10/2010, 21/10/2010 and 26/04/2010 and email from Faircloth, dated
    07/05/2010.

   Reason: To protect the amenities of the locality by avoiding light pollution
   and reducing the potential for crime related activity and to comply with

                              13
   policy W10E of The Essex & Southend Waste Local Plan adopted
   September 2001 and policies DC5 and DC29 of the Chelmsford Borough
   Core Strategy and Development Control Policies Development Plan
   Document 2001-2021 adopted February 2008.

17. Surface water drainage shall be in accordance with the letter dated 28 May
    2009 approved by the Waste Planning Authority on 17 August 2009 under
    planning permission reference ESS/03/08/CHL. The development hereby
    permitted shall be in accordance with the approved scheme.

   Reason: To prevent the pollution of the water environment and to comply
   with policy W10E of The Essex & Southend Waste Local Plan adopted
   September 2001 and policies DC5 and DC29 of the Chelmsford Borough
   Council Core Strategy and Development Control Policies Development
   Plan Document 2001-2021 adopted February 2008.

18. The development shall be carried out in accordance with the scheme
    submitted in relation to contamination of the site, received 29/05/2009 titled
    ‘Summary Report on site investigation on Plot 3, Regiment Business Park,
    Chelmsford, Essex’ (Report No: P5206/U11), dated 13 th February 2009 and
    prepared by Geotechnical Developments (UK) Ltd. During the construction
    phase of the development if any contamination not previously identified is
    found to be present on site then the construction phase of the development
    shall cease (unless otherwise agreed by the Waste Planning Authority in
    writing) until the written approval of the Waste Planning Authority has been
    obtained for a method statement detailing how the suspected
    contamination shall be dealt with.

   Reason: To prevent pollution of the water environment and in order to
   quantify any hazards already existing on the site and to comply with policy
   W10E of The Essex & Southend Waste Local Plan adopted September
   2001 and policies DC5 and DC29 of the Chelmsford Borough Council Core
   Strategy and Development Control Policies Development Plan Document
   2001-2021 adopted February 2008.

19. Provision and implementation of foul water drainage shall be in accordance
    with letters dated 28 May 2009 and 30 July 2009 and Drawing Number
    FAR140-103 Revision C6 (Drainage layout) dated 23 May 2009 approved
    by the Waste Planning Authority on 17 August 2009 under planning
    permission reference ESS/03/08/CHL. The development hereby permitted
    shall be implemented in accordance with the approved scheme.

   Reason: To prevent increased pollution of the water environment and to
   comply with policy W10E of The Essex & Southend Waste Local Plan
   adopted September 2001 and policies DC5 and DC29 of the Chelmsford

                              14
   Borough Council Core Strategy and Development Control Policies
   Development Plan Document 2001-2021 adopted February 2008.

20. Foul water drainage shall be maintained in accordance with the letter dated
    28 May 2009 approved by the Waste Planning Authority on 17 August 2009
    under planning permission reference ESS/03/08/CHL. The development
    hereby permitted shall be implemented in accordance with the approved
    scheme.

   Reason: To prevent increased pollution of the water environment, in
   accordance with Policies in accordance with policy W10E of The Essex &
   Southend Waste Local Plan adopted September 2001 and policies DC5
   and DC29 of the Chelmsford Borough Council Core Strategy &
   Development Control Policies Development Plan Document 2001-2021
   adopted February 2008.

21. Facing materials shall be in accordance with the letter dated 28 May 2009
    approved by the Waste Planning Authority on 17 August 2009 under
    planning permission reference ESS/03/08/CHL. The development hereby
    permitted shall be implemented in accordance with the approved scheme.

   Reason: To safeguard the appearance of the development and maintain
   the appearance of the development and the locality and to comply with
   policy W10E of The Essex & Southend Waste Local Plan adopted
   September 2001 and policies DC5 and DC29 of the Chelmsford Borough
   Council Core Strategy and Development Control Policies Development
   Plan Document 2001-2021 adopted February 2008.

22. During operational phases, wherever practicable any doors (including
    shutters doors) and windows should be kept closed. Noisy activities that
    occur externally within the site boundary should not occur before 7am. The
    free-field Equivalent Continuous Noise Level (rating level LAeq,T/LAeq,1
    hour as defined in BS 4142) at noise sensitive premises near the site, due
    to permitted operations on site, shall not exceed the limit of Background
    Level (La90) without the permitted operations +5dB.

   Reason: In the interest of local and residential amenity and to comply with
   policies W8A, W8B and W10E of The Essex & Southend Waste Local Plan
   adopted September 2001 and policies DC5 and DC29 of the Chelmsford
   Borough Council Core Strategy and Development Control Policies
   Development Plan Document 2001-2021 adopted February 2008.

23. Noise levels shall be monitored by the operating company at six monthly
    intervals at the above locations. The monitoring survey shall be for a
    minimum of two separate 15 minute periods at each location used within

                             15
   the Bickerdike Allen Partners Background Noise Survey dated 8 May 2008
   during all permitted operations and should avoid meal breaks and periods
   of plant breakdown. The frequency and duration of such monitoring may be
   modified at the discretion of the Waste Planning Authority. The monitoring
   may be required more frequently where it becomes necessary to
   demonstrate continuing compliance with the limiting noise levels specified
   above, or less frequently where the need does not arise. Monitoring should
   only be undertaken in calm weather conditions or at receptors with a
   component of wind blowing from the site. Monitoring should generally be
   avoided in conditions of wind speeds greater than 5m/sec average; rain;
   low temperatures (<3 degrees C). All noise measurements taken shall have
   regard to the effects of extraneous noise and shall be corrected for any
   such effects. The monitoring shall include the LAeq, 1 hour dB noise levels
   both with and without the permitted operations, the prevailing weather
   conditions, details of the measurement equipment used and its calibration
   and comments on the sources of noise which control the noise climate. The
   results shall be kept by the operating company during the life of the
   permitted operations and a copy shall be supplied to the Waste Planning
   Authority.

   Reason: In the interest of local and residential amenity and to comply with
   policies W8A, W8B and W10E of The Essex & Southend Waste Local Plan
   adopted September 2001 and policies DC5 and DC29 of the Chelmsford
   Borough Council Core Strategy and Development Control Policies
   Development Plan Document 2001-2021 adopted February 2008.

24. The development hereby permitted shall only be carried out during the
    following times:

            06:00 – 18:00                          Monday to Friday
            06:00 – 13:00                          Saturday

   And at no other time on Sundays, Bank or Public Holidays unless otherwise
   agreed in writing with the Waste Planning Authority.

   Reason: In the interest of limiting the effects on local amenity and to control
   the impacts of the development and to comply with policy W10F of The
   Essex & Southend Waste Local Plan adopted September 2001 and policy
   DC29 of the Chelmsford Borough Council Core Strategy and Development
   Control Policies Development Plan Document 2001-2021 adopted
   February 2008.

25. The surfaced section of the access road from the junction with Essex
    Regiment Way (A130) shall be kept free of mud, dust and detritus to
    ensure that such material is not carried onto the public highway.

                              16
                     Reason: In the interest of public and highway safety and to comply with
                     policy W4C of The Essex & Southend Waste Local Plan adopted
                     September 2001 and policy DC42 of the Chelmsford Borough Council Core
                     Strategy and Development Control Policies Development Plan Document
                     2001-2021 adopted February 2008.

                  26. There shall be no more than 400 heavy goods vehicle 1 movements (200 in
                      and 200 out) at the site in any one working day Monday to Friday and no
                      more than 300 heavy goods vehicle movements (150 in and 150 out) on
                      Saturdays. No vehicle movements shall take place outside the hours of
                      operation authorised in Condition 23 of this permission.

                     Reason: In the interest of highway safety and so that there shall be the
                     least possible adverse effects upon the free and safe flow of traffic along
                     the public highway in the vicinity of the site and to comply with policy W4C
                     of The Essex & Southend Waste Local Plan adopted September 2001 and
                     policy DC42 of the Chelmsford Borough Council Core Strategy and
                     Development Control Policies Development Plan Document 2001-2021
                     adopted February 2008.

                  27. Details and elevations of the weighbridge and fuelling point shall be in
                      accordance with the letter dated 28 May 2009 and Drawing Number AQA1-
                      105 Revision T1 (Weighbridge setting out) dated October 2008 and AQA1-
                      107 Revision T1 (Weighbridge foundation arrangement) dated November
                      2008 approved by the Waste Planning Authority on 17 August 2009 under
                      planning permission reference ESS/03/08/CHL. The development hereby
                      permitted shall be implemented in accordance with the approved scheme.

                     Reason: To safeguard the appearance of the development and maintain
                     the appearance of the development and the locality and to comply with
                     policies W8A, W8B and W10E of The Essex & Southend Waste Local Plan
                     adopted September 2001 and policy DC5 of the Chelmsford Borough
                     Council Core Strategy and Development Control Policies Development
                     Plan Document 2001-2021 adopted February 2008.

                     Informatives

                1. It is suggested that the site, if secured out of business hours, be fitted with
                   an approved FB1 fire service padlock.

                2. The water supply to the site should be improved and a new hydrant installed
                   within the site.

1
    Heavy Goods Vehicles have a gross vehicle weight of 7.5 tonnes or more

                                                   17
   3. The Fire Risk Assessment should be constantly reviewed and staff should
      be involved in ongoing training (first-aid, fire fighting measures and other
      associated procedures/control measures) to ensure knowledge and current
      practice is suitably maintained and updated.

REASON FOR APPROVAL

Subject to the imposition of the attached conditions, the proposal is considered
acceptable having been assessed in the light of all material considerations,
including weighting against the following policies of the development plan:

Chelmsford Borough Council Core Strategy (CCS)

DC5 – Securing mixed uses in major developments in town centres and principal
neighbourhood centres.
DC29 – Amenity and pollution
DC42 – Site planning

Essex and Southend Waste Local Plan (WLP)

W3A – Best Practicable Environmental Option
W4C – Highways
W7E – Materials Recovery Facilities
W8A – Preferred Sites
W8B – Alternate Sites
W10E – Material Considerations: Policy Compliance and Effects of the
Development
W10F – Material Considerations: Operational Hours

Statement of Reasons for Decision

Whilst the proposal is retrospective, and applications as such are not ideal for the
decision making authority, in this circumstance given the temporary nature of the
proposal it is considered this is the most appropriate way to regularise operations
at the site. The current site condition (most material onsite) would improve over
the twelve month period and therefore the visual and aural appearance of the site
would also improve. If permission was refused for the proposal, the material would
still have to be removed at some point resulting in the same impacts, albeit maybe
spread over a shorter period.

Although it is considered that the main need for this application stems from the
economic and financial constraints of the applicant, in terms of phase 2 of the
development not yet forthcoming, it is still considered that in relation to waste
planning there is a justified need for waste management operations.

                                   18
Considering that the proposal complies with the relevant WLP policies; W3A, W4C,
W7E, W8A, W8B, W10E and W10F and CCS policies; DC5, DC29 and DC42, is in
a location already approved for waste transfer and would not result in an significant
impact on the area amenity value in relation to traffic generation, noise or dust, it is
considered that the proposal is acceptable in the short term.

And there are no other policies or other material considerations which are
overriding or warrant the withholding of permission.

DECISION

By virtue of the powers delegated to me I hereby accept and approve the above
recommendation



for Head of Environmental Planning               Date




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