Agenda item

To consider a report of the Director of Economy, Transport and Environment regarding three planning applications, two for variation of condition 3 (hours of operation) of planning permission 11/01427/CMAN and one for extension to site to provide car park (Retrospective) at Bryan Hirst Recycling Ltd, Bullington Cross, Sutton Scotney

The Committee considered a report from the Head of Strategic Planning (Item 6 in the Minute Book) regarding three planning applications relating to condition changes to extend the hours of use of the site and a proposal for an extension to the site to form a car park at Bryan Hirst Recycling in Bullington.

The officer introduced the item and confirmed the applications as well as the changes included in the update paper, which included reference in the report (paragraphs 1.4) to the Town & Country Planning (Environmental Impact Assessment) Regulations that should be to the new 2017 Regulations. Aerial and site photographs were shown to give the application further context, following a members’ site visit on Monday 4 December.

The Committee received one deputation on this item. Rupert Wieloch spoke against the applications and claimed that there were properties closer to the site than stipulated in the officer presentation that would be affected by the proposals. The vegetation and trees removed was a habitat for dormice. Mr Wieloch stated that there was evidence of high stockpiles spilling over the fence into the surrounding woodland and noise from the site carrying quite a distance and being over 95 decibels. He also referred to weekend working, contrary to the current conditions, and felt that the site was dangerous, with no clear path marked for vehicles.

During questions of the deputation, it was clarified that the noise experienced from the site was that of metal being lifted and dropped onto stockpiles.

During questions of the officers, the following points were clarified:

• Complaints had been received regarding the site, which had been investigated.
• The Environmental Health officer had been consulted and had no concerns regarding the noise levels on site.
• Ecologist had not commented on the application as the vegetation had already been removed and there was nothing there left to assess, but previous inspections had not found any evidence of dormice.
• A Liaison Panel was not currently in existence.
• The tree removal did not require planning consent as the trees were not protected.
• The original condition regarding a tree planted bund was only regarding the boundary adjoining the A34, which had been complied with.
• There was some potential for planting to take place in the south-east corner of the site, but this would be looked at in more detail.
• It was unreasonable to request acoustic barriers at this stage as they were not part of the original application and many elements of the site activity were unchanged, with none of the new proposals affecting the existing processing taking place on site, which generate most of the noise.
• The nearest building pointed out by the deputation could not be confirmed as being residential.
• There had been no response from Highways England.

During debate, Members agreed that a Liaison Panel was important and would be of great benefit to all. This would be included as an Advice Note from the officers to the Applicant. Whilst some Members felt that the start time was too early, it was acknowledged that it was better than vehicles travelling through rush-hour. It was agreed that “Excluding Christmas Day, Boxing Day and New Years Day” be added to hours of working conditions.

RESOLVED:

          The Head of Law and Governance was authorised to draw up a Section 106 Agreement to transfer the obligations relating to lorry routing in the existing Section 106 Agreement for planning permission 09/02530/CMAN and subject to all parties entering into the Section 106 Agreement with the County Council, it was AGREED that authority be delegated to the Director of Economy, Transport and Environment to grant:

1)    Planning permission for extension to site to provide car park (Retrospective) (No. 17/02238/CMAN), subject to the conditions in Integral Appendix B.

2)    Planning permission for variation of condition 3 (hours of operation) of planning permission 11/01427/CMAN (No. 17/02190/CMAN), subject to conditions in Integral Appendix B.

3)    Planning permission for variation of condition 3 (hours of operation) of planning permission 09/02530/CMAN (No. 17/02192/CMAN), subject to conditions in Integral Appendix B.

Voting:

Favour: 12 (unanimous)