HERTFORDSHIRE COUNTY COUNCIL
DEVELOPMENT CONTROL COMMITTEE
TUESDAY, 13 SEPTEMBER 2005, AT 1.30 P.M.
DACORUM BOROUGH
Agenda No.
4
APPLICATION TO PLACE A SEALED CONTAINER TO STORE
ASBESTOS AWAITING TRANSFER TO LANDFILL SITE AT
SUNDERLANDS
YARD,
CHURCH
LANE,
KINGS
LANGLEY,
HERTFORDSHIRE
Report of the Director of Environment
Author:-
Fiona Deyes, tel: 01992 556267
Local Member:-
Councillor Richard Roberts
1.
Purpose of Report
1.1 To consider planning application ref. 4/0988-05 to place a sealed
container to store asbestos awaiting transfer to landfill site at
Sunderlands Yard, Church Lane, Kings Langley, Herts.
2.
2.1
Summary
The application site, which is just over 1000m 2, is located at the
southerly most end of Sunderlands Yard depot, off Church Lane in Kings
Langley, Hertfordshire. Sunderlands Yard is a large area, occupied by
industrial/warehouse units employed for a variety of uses.
2.2 To the west of the application site are the gardens of residential
properties in Alexandra Rd and to the east are the banks of the River
Gade. Immediately to the south is Trout Lake Bungalow, beyond which
is Trout Lake. The application site is used for the parking of cars and
lorries, as well as storing a variety of tanks, pallets, piles of construction
and demolition waste, items of industrial plant, storage containers and
tyres.
2.3 The western boundary consists of a number of leylandi trees, approx. 5
– 8m high, along with a deciduous hedge. The southern boundary
consists of leylandi trees, approx. 8m high, with railway sleepers, and
fencing to the fore. The eastern boundary consists of metal palisade
fencing in one section, and concrete slabs in another. The northern
boundary separates the application site from the remainder of
Sunderlands Yard, and consists of metal palisade fencing, with a
lockable metal gate. Unlike the remainder of Sunderlands Yard, with the
exception of one small area being used to store metal oil drums,
containers, and tanks, the application site is not hard surfaced.
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2.4 The applicants state that, following changes in legislation, they have
noted that there is a problem with the disposal of small quantities of
asbestos, especially cement bound (Chrysotile) sheeting often used as
garage/shed roofing and the like. Currently, unless there is a temporary
storage facility available, asbestos must be removed from the demolition
directly to a suitable disposal facility. The applicants are therefore
seeking full, permanent permission to place a sealed and covered skip at
Sunderlands Yard, in which they could store small amounts of cement
bound asbestos, prior to transfer to a landfill site.
2.5 Some 60 – 100 tonnes of material would be brought to the site for
transfer each year. This activity would generate a maximum of two lorry
movements a day. Lorries would access Kings Langley via the M25 or
M1 and enter the application site via a hard surfaced road. No additional
staff would be recruited as a result of this application. Proposed days
and hours of operation are 7am – 6pm, Monday to Friday, and 7am –
1pm, Saturday. The site would be closed on Sunday.
3.
Conclusion
3.1 Overall, it is considered that the application does not pose a threat to
residential or general amenity by way of noise pollution, or pollution of air
or water, that cannot be sufficiently controlled through the use of
planning conditions. A Waste Management Licence would also be
required which would also control the collection and storage of the
asbestos on site.
3.2 It is concluded that subject to the imposition of appropriate conditions,
the additional lorry movements on the highway, the impact on
residential, general amenity and on the urban landscape are acceptable.
3.3 It is therefore recommended that planning permission should be granted,
subject to imposition of the following twelve conditions:
i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
ix)
x)
xi)
xii)
commencement of development;
hours of construction work ;
hours of operation;
number of heavy goods vehicle movements;
waste types;
restriction on the source of waste;
noise control scheme;
hard and soft boundary landscaping scheme;
security fencing scheme;
hard surfacing and drainage scheme;
details of colour and design of the sealed container;
no burning of materials on site.
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1.
Description of the site and proposed development
1.1
The application site, which is just over 1000m2, is located at the
southerly most end of Sunderlands Yard depot, off Church Lane in Kings
Langley, Hertfordshire. Sunderlands Yard is a large area, occupied by
industrial / warehouse units employed for a variety of uses including a
printing company, car repair workshop, roofing supplies warehouse,
carpet warehouse, car showroom, steam cleaning for lorries, haulage
contractors. A large area of the Yard is used as a parking area for heavy
goods vehicles.
1.2 To the west of the application site are the gardens of residential
properties in Alexandra Rd and to the east are the banks of the River
Gade. Immediately to the south is Trout Lake Bungalow, beyond which
is Trout Lake. The application site is used for the parking of cars and
lorries, as well as storing a variety of tanks, pallets, piles of construction
and demolition waste, items of industrial plant, storage containers and
tyres. In addition, it contains a mobile home occupied by a security
guard, whom the applicants state provides ‘out of hours security’. The
site is protected by a guard dog.
1.3 The western boundary consists of a number of leylandi trees, approx. 5
– 8m high, along with a deciduous hedge. Some parts of the hedge
have been damaged by operations at the site. Fencing exists at some
point beyond the trees/hedge. The southern boundary consists of
leylandi trees, approx. 8m high, with railway sleepers, and fencing to the
fore. The eastern boundary consists of metal palisade fencing in one
section, and concrete slabs in another.
The northern boundary
separates the application site from the remainder of Sunderlands Yard,
and consists of metal palisade fencing, with a lockable metal gate. The
gates are permanently open, and are prevented from closing by the
presence of various items being stored in the yard. Unlike the remainder
of Sunderlands Yard, with the exception of one small area being used to
store metal oil drums, containers, and tanks, the application site is not
hard surfaced.
1.4 The applicants state that, following changes in legislation, they have
noted that there is a problem with the disposal of small quantities of
asbestos, especially cement bound (Chrysotile) sheeting often used as
garage/shed roofing and the like. Currently, unless there is a temporary
storage facility available, asbestos must be removed from demolition
sites directly to a suitable disposal facility. This means that a dedicated
skip must be provided, at a prohibitive cost. The applicants are therefore
seeking full, permanent permission to place a sealed and covered skip at
Sunderlands Yard, in which they could store small amounts of cement
bound asbestos, prior to transfer to a landfill site. It is stated that the
container is purpose manufactured for the storage of asbestos products
and will be kept locked and secured at all times, other than those times
when waste is being deposited within it. All asbestos would be wrapped
and covered in 1000 gauge polythene prior to deposition.
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1.5 When approx. 10 tonnes of material have been placed in the container it
would be taken to a landfill site, where it would be emptied and then
returned to Sunderlands Yard. It is stated that 60 – 100 tonnes of
material would be brought to the site for transfer each year. This activity
would generate a maximum of two lorry movements a day, each lorry
being a maximum weight of 15 tonnes. Lorries would access Kings
Langley either travelling via the M25 and M1 from the north (30%) or
travelling via the M25 from the south (70%), and enter the application
site via a hard surfaced road.
1.6 No additional staff would be recruited as a result of this application.
Proposed days and hours of operation are 7am – 6pm, Monday to
Friday, and 7am – 1pm, Saturday. The site would be closed on Sunday.
The applicants state that it is not their intention to change their current
working practice of disposing of large quantities of asbestos waste
directly from demolition sites to landfill. G.J. Gaywood Ltd are licensed
to undertake asbestos removal by the Health and Safety Executive.
2.
Consultations
2.1 Dacorum Borough Council does not object to the proposed
development. It comments ‘the application site falls within a primarily
residential area wherein, under Policies 3 and 9 of the local plan,
compatible non-residential development small scale social, community,
leisure or business purposes is acceptable, whilst the introduction or
intensification of incompatible non-residential development will be
resisted.
Policy 34 of the Local Plan refers to other land with employment
generating uses. It allows new small-scale employment development
and redevelopment in large towns and villages provided that there is no
undesirable impact on adjoining property and the surrounding land and
the site is not extended. The use is acceptable in principle in this
established employment area and due to its modest size, would be
unlikely to give rise to any material harm by reason of noise,
disturbance, or visual impact on adjoining residential occupiers, subject
only to the concerns raised by Environmental Health being covered by
an hours of operation condition.’
2.2 Environmental Health Dept. (at Dacorum Borough Council) – does not
object to the proposed development. It comments that the removal and
handling of asbestos is a high risk operation which has regulatory
controls. Further, that the operation falls within the remit of the HSE and
the Environment Agency, and advises that these bodies are consulted to
ensure that appropriate control measures are implemented. It also
states that measures should be undertaken to ensure that noise
nuisance does not occur from the loading and unloading of storage
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containers, and that the planning permission should restrict waste types
to cement bound asbestos only.
2.3 Councillor Alexander McGregor and Councillor Alan Anderson (Kings
Langley, Dacorum Borough Council) – object to the proposed
development. Their objection is on the grounds of the inappropriateness
of placing the facility in a residential area, rather than on an industrial
estate.
2.4 Kings Langley Parish Council – objects to the proposed development. It
states ‘It involves the transport and storage of a hazardous substance.
The location of the proposed store in relation to the proximity to both
dwellings and the canal/river is inappropriate given the nature of the
substance to be stored. In addition, the only access to the site is from
Church Lane which is totally inappropriate for large vehicles. The
proposal would also impinge on the public’s environmental health in
what is a residential area. It also concerns a highly industrial usage but
is not located in a General Employment Area. It also appears this
application involves a change of use and yet it is understood no formal
change of use application has been submitted to Dacorum Borough
Council to date. There is also concern that the applicant would need to
obtain a Waste Management Licence as the site would effectively be
classified as a Waste Transfer Station and this would be totally
inappropriate at the proposed location. ‘
2.5 Hertfordshire County Council as Highway Authority does not object to
the proposed development.
2.6 Historic Environment Unit at Herts County Council – states that the
proposed development is unlikely to have an impact on significant
archaeological deposits, features or structures. The unit therefore has
no comments on the proposal.
2.7 Transco – does not object to the proposed development and provides
information on gas pipes in the surrounding area.
2.8 Veolia Water (as scientific and technical consultants to Three Valleys
Water) – states that the site is located within the groundwater protection
zone of Hunton Bridge pumping station. It provides advice on the
construction and operation of the proposed development site.
2.9 Environment Agency – does not object to the proposed development.
2.10 Health and Safety Executive – has not responded to the consultation
letter. However, response to the consultation sent out by Dacorum
Borough Council states that the proposed development is not of a type
that the HSE would wish to be consulted upon.
2.11 British Waterways – has not responded to the consultation letter.
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2.12 Mike Penning (MP) – has written to express his concern at the siting of
the facility in the village of Kings Langley.
2.13 Local residents - Consultation by Herts County Council involved sending
out of relevant information to all those within 250m of the application site,
amounting to 393 properties. In addition, a site notice was erected, and
an advert placed in the local paper. A total of 31 letters of objection
were received, along with 1 petition, signed by 20 individuals. Grounds
for objection can be summarised as follows:
Highway impacts
proposed lorry movements are unacceptable when added to the
number of lorries already using Sunderlands Yard and would have
a negative impact on residential amenity, by way of nuisance
caused by noise, vibration, and dust; threat to public health posed
by asbestos fibres;

Lorries have to use both sides of the carriageway when
entering/exiting the site, causing traffic congestion, and a
constituting a danger to pedestrians;

Church Rd is not suitable for use by heavy goods vehicles
Other matters
 waste transfer station for asbestos is an inappropriate activity in a
predominantly residential area;
 inadequate security measures offered by the site and the proposal;
 potential pollution of the River Gade by asbestos fibres;
 not appropriate for site to accept waste from outside Hertfordshire.
Concerns have also been raised about the potential impact of the
development on property prices. However, this is not a material
consideration, and cannot be taken into account when considering the
application. Dacorum Borough Council also carried out a consultation
exercise on the same application, prior to passing it over to Herts County
Council. Nineteen letters were received as a result of this consultation
exercise. One such letter also attached a copy of a petition submitted to
Dacorum Borough Council with reference to the initial planning
application submitted to the latter by the applicants in October 2004.
The petition was signed by 90 people. Objections raised by these letters
are the same as those detailed above. In addition, one letter states that
G.J. Gaywood Ltd own a number of other sites on industrial estates,
which would be more suitable for storage of such a facility.
3.
Relevant Planning History
3.1 There is no County Council planning history associated with this site.
4.
Planning Considerations
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4.1 The relevant development plan documents are:
- Hertfordshire Structure Plan Review, 1991 – 2011 (Adopted April 1998)
- Dacorum Borough Local Plan 1991 – 2011 (adopted 2004)
- Hertfordshire Waste Local Plan 1995 – 2005 (Adopted January 1999)
See Appendix One for full details of all relevant policies.
5.
Planning Issues
5.1 The main issues with regard to this application are:
- support for waste management facilities
- need for waste management facility
- location of waste management facility
- air and water pollution
- impact on urban landscape
- noise pollution
- highways impact
Support for Waste Management Facilities
5.2 Policy 55 of the Herts Structure Plan Review 1991 – 2011 provides
strategic support for waste management facilities, provided that they:
- conform to the environmental policies of the structure plan, minimising
the risk of pollution of water, air and the surrounding land
- contribute to the waste needs of the county, and pay regard to the
proximity principle
5.3 This report will therefore examine the proposed development in the
context of these provisos, each of which are covered in the more
detailed policies in the development plan.
Need for waste management facility
5.4 Waste Policy 2 of the Hertfordshire Waste Local Plan 1995 – 2005
states that the establishment of facilities for handling, transfer, treatment
and disposal of waste will be supported provided that in order to
accommodate the equivalent of Hertfordshire’s own waste arisings, there
is a clearly established need for additional capacity and facilities of the
kind that the proposed development would provide, which outweighs any
material agricultural, landscape, conservation or environmental interest
affected by the proposal.
5.5 Waste Policy 25 of the Hertfordshire Waste Local Plan 1995 – 2005
states that when considering applications for the disposal of difficult
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wastes, the County Council will have particular regard to the need to
ensure that there is adequate provision of environmentally acceptable,
and appropriate facilities, for arisings within Hertfordshire. Further that
the wastes concerned would arise largely within Hertfordshire, or the
facility would form part of a regional or national strategy for dealing with
the waste to which the County Council has agreed.
5.6 No detailed information on the amount of waste asbestos produced
within Hertfordshire, or on facilities available for dealing with such waste,
has been provided by the applicants. No such information is currently
available to the Waste Planning Authority from other sources.
5.7 Following the implementation of the EU Landfill Directive (1999), the
number of landfill sites that are able to take hazardous waste has been
reduced. In Hertfordshire the only landfill site that can receive asbestos
waste is the Biffa operated site at North Herts Landfill, off Bedford Road,
Ickleford, Nr Hitchin. The applicants state that the high financial and
environmental cost of transporting small loads of asbestos to suitability
licensed landfill sites is prohibitive. There is only one asbestos waste
transfer company in Hertfordshire which accepts waste from other
companies, in Stevenage, also in the northern part of Hertfordshire.
5.8 The applicants state that they generally carry out construction and
demolition works within a 75 mile radius of the Kings Langley depot.
This area takes in the whole of Hertfordshire, a large part of the East of
England region, as well as parts of those counties/boroughs to the south
and west of Hertfordshire. However, the applicants state that two-thirds
of work is carried out within the county of Hertfordshire As part of the
proposed development, asbestos waste would be brought back to the
application waste in vehicles owned by the company, returning to the
site at the end of the working day. Given the location of the waste
transfer station in Stevenage, it is considered that, in terms of reducing
trip distances, there is a need for a facility in the southern part of the
county to deal with asbestos waste gathered through the general work of
the company. When considered in conjunction with the low volume of
asbestos waste proposed to be stored, it is felt that sufficient conformity
with those aspects of Waste Policy 2 and Waste Policy 25 dealing with
need is achieved.
5.9 Policy 2 also requires that such need must outweigh any material
agricultural, landscape, conservation or environmental interests affected
by the proposal. Such interests are considered in sections 5.15 – 5.29.
Location of waste management facility
5.10 The application site is situated within a designated residential area, as
defined by the Dacorum Borough Local Plan 1991 – 2011. Objections
by Councillors McGregor and Anderson, Kings Langley Parish Council
and local residents are, amongst other things, on the grounds that it is
inappropriate to place such a facility in close proximity to residential
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properties. The Dacorum Borough Local Plan 1991 – 2011 states that
development will generally be directed to the towns of Berkhamsted,
Hemel Hempstead and Tring (Policy 2). However, within the larger
villages, of which Kings Langley is one, development will be permitted if
it is compatible with the maintenance and enhancement of the character
of the settlement (Policy 3). Further, Policy 9 states that in residential
areas, compatible non-residential, small scale, business development is
acceptable. In principle, so long as it compatible, it is acceptable for
non-residential development to take place in a residential area. The
issue is therefore whether it is appropriate for this specific development
to take place.
5.11 The Hertfordshire Waste Local Plan 1995 – 2005 identifies that the
application site is not a preferred area for waste management, and is
outside the preferred areas of search for such facilities. Criteria for
judgement of such sites is provided under Waste Policy 13 of the
Hertfordshire Waste Local Plan 1995 – 2005. However, prior to
consideration of site specific issues, Waste Policy 13 also requires that
the application passes the test of need laid down by Waste Policy 2. As
established in section 5.8, such test has been passed.
5.12 Full details of Waste Policy 13’s criteria are given in Appendix One, and
the site accords with a number of these, as follows:
- it serves Hertfordshire’s main population and employment areas
- it is within or adjacent to compatible land uses, in that it is sited in a
yard with other employment uses, involving heavy goods vehicles.
5.13 The policy also requires that the facility has access to the main road
network. Church Lane is classified as a local distributor road in
Hertfordshire’s Local Transport Plan 2001/2 – 2005/6. The entrance to
Sunderlands Yard is approximately 300m away from the High St,
designated as a main distributor road. It is considered that conformity
with this aspect of the policy is achieved.
5.14 In these respects, it is therefore considered that the location of the waste
management facility conforms to the requirements of Waste Policy 13.
However, the policy also requires that any development minimises the
impact on local or natural environments. These items are considered in
the following sections.
Air and Water Pollution
5.15 Policy 57 of the Herts Structure Plan Review 1991 – 2011 states that
development proposals which would be likely to result in or significantly
contribute to unacceptable levels of pollution will not be permitted.
Asbestos is a term used to describe certain fibrous silicates. It was
widely used in buildings for 150 years, but since 1992 (Asbestos
Prohibitions Regulations) it has been illegal to use asbestos containing
materials. There are three main types of asbestos, commonly called
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'blue' (crocidolite), 'brown' (amosite) and 'white' (chysotile). All are
dangerous, but blue and brown asbestos are known to be more
hazardous than white.
This application is requesting permission to
store asbestos waste found in construction materials (European waste
catalogue number 17-05-05), commonly called cement bound asbestos,
or bonded asbestos. Cement bound asbestos usually contains only 1015% white asbestos. The asbestos is tightly bound into the cement and
the material will only give off dust if subject to significant levels of
disturbance, such as drilling, sanding or sawing. Cement bound
asbestos in good condition does not pose a significant risk. Products
using cement bound asbestos include roofing sheets, vinyl floor tiles,
pipes and tanks.
5.16 Objections to the application from Kings Langley Parish Council and
local residents have been received on the grounds of pollution of air and
water from the waste materials, and the hazard to public health.
5.17 However, no objection to the application has been raised by the
Environment Agency, or by British Waterways. In addition, no objection
to the application has been raised by the Environmental Health
Department at Dacorum Borough Council. The Environmental Health
Officer comments that cement bound asbestos is the least hazardous
form of asbestos, and that contamination of the environment is unlikely
due to the proposed storage and disposal method. He also states that
the effective management of asbestos waste through this type of
operation ensures that it is removed and disposed of responsibly, rather
than being dumped at the roadside, or in other unsuitable locations.
However, he stresses that no asbestos is safe, and it is only adherence
to effective control measures that lessen the potential exposure to fibres,
and ensure that public safety is achieved
5.18 Residents have also raised concerns over the handling of the material, in
that if rough handling takes place, bags containing asbestos could split
open, become exposed to the air, and fibres could become airborne.
However, should planning permission be granted, the applicants would
then have to apply to the Environment Agency for a Waste Management
Licence. All asbestos waste is deemed hazardous material, and the
terms of the licence would take this fact into account in terms of control
of operational methods. Site monitoring would also be undertaken on a
regular basis.
5.19 Policy 39 of the Hertfordshire Structure Plan Review 1991 – 2011 states
that development will be required to take account of the need to protect
the aquifer, river corridors and water courses. This is reinforced by
Waste Policy 40 of the Herts Waste Local Plan 1995 – 2005, which
states that developers must illustrate that any proposals will not have a
detrimental effect on the water environment. Although not raised in their
formal consultation response, further discussions with the Environment
Agency have clarified that any Waste Management Licence granted
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would require the installation of a hard surfacing and drainage system
around the sealed container, in order to protect the water aquifer and
adjacent water courses. In addition, in order to prevent the possibility of
air and water pollution, the Environment Agency would require secure
fencing, with lockable gates to be installed around the sealed container.
5.20 Overall, it is considered that, subject to the imposition of a suitable predevelopment hard surfacing and drainage condition, and a condition
requiring the installation of security fencing, the application does not
pose a threat to the surrounding area by way of air or water pollution,
and therefore complies with those policies detailed in sections 5.15 and
5.19.
Impact on Urban Landscape
5.21 Policy 11 of the Dacorum Borough Local Plan 1991 – 2005 states that
development will not be permitted unless it is appropriate in terms of
landscaping on the site itself, retains and supplements important trees
and shrubs, and where relevant includes improvement measures, and
avoids harm to the surrounding neighbourhood and adjoining properties
through visual intrusion. This is reinforced by Policy 41 of the Herts
Structure Plan Review 1991 – 2011 which states that development
should be designed in such a way as to ensure the healthy long term
growth of retained cover and new planting. In addition, Policy 3 of the
Dacorum Borough Local Plan 1991 – 2005 states that development is
permitable if it is compatible and enhances the character of the
settlement.
5.22 The proposed development, along with the necessary secure fencing,
would have a negative visual impact on the residential character of the
settlement. It is therefore considered appropriate to screen the activity
from the surrounding areas. The greatest visual impact on the urban
landscape is afforded via the eastern and western boundaries of the
application site. The western boundary of the proposed waste storage
facility backs onto the gardens of adjoining properties in Alexandra
Road. Currently a border of hedging, leylandi (non-native) trees and
some fencing exists between the properties and the application site.
However, in some places the cover provided is sparse. In addition,
some of the hedging has been damaged by operations on site, and a
large amount of rubble and debris has been placed in very close
proximity to the base of the trees and hedge. In terms of the eastern
boundary, Dacorum Borough Council comment that the proposal would
be visible from the east, and would be seen in the context of open land
within the Green Belt to the south and the east. The northern boundary
of the site is within Sunderlands Yard itself, and the southern boundary
provides complete screening from the property behind, by way of large
leylandi trees and wooden fencing of various types.
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5.23 Overall, it is considered that the application is consistent with the policies
detailed in section 5.21, subject to the imposition of the following two,
pre-development conditions:
-
-
a landscaping scheme to be submitted to improve the quality,
consistency, and completeness of the eastern and western site
boundaries;
submission of details of the design and colour of the sealed
container;
Noise Impact
5.24 Policy 11 of the Dacorum Borough Local Plan 1991 – 2011 states that
development will not be permitted unless it avoids harm to the
surrounding neighbourhood through general noise. Waste Policy 40 of
the Waste Local Plan 1995 – 2005 deals specifically with noise
generated by waste management facilities, and states that unless
applicants can demonstrate that noise will not impact adversely on noise
sensitive development, development will not be permitted.
5.25 The issue of noise has been highlighted by the Environmental Health
Officer at Dacorum Borough Council. The loading and unloading of
skips onto a hard surface can generate levels of noise that could affect
the amenity of those residential properties to the west of the site.
However, it is considered that, subject to the imposition of a planning
condition requiring that a noise control scheme be submitted prior to
commencement of operations, compliance with the policies detailed in
section 5.24 is achieved.
Highways Impact
5.26 Waste Policy 43 of the Hertfordshire Waste Local Plan 1995 – 2005
states that the effect of lorry traffic on local communities, residential
areas and the environment, will be taken into account when assessing
applications. Policy 51 of the Dacorum Borough Local Plan 1991 - 2011
requires that roads must be able to accommodate traffic generated by
development and that the environmental and safety implications of traffic
generated by development must be taken into account. This is
reinforced by Policy 11 of the latter, which states that traffic generated
should not compromise the free flow of traffic on the road network, or the
amenity of the area. It also states that the means of access must not
cause or increase danger to road users or pedestrians.
5.27 Objections to the application have been raised by Kings Langley Parish
Council and local residents on the grounds that Church Lane is
inappropriate for use by large vehicles. In addition, that when added to
the number of lorries already using Sunderlands Yard, the increase in
vehicle movements is unacceptable, causing noise, vibration and dust.
Also, that the entrance to Sunderlands Yard is not suitable for heavy
goods vehicles, causing traffic congestion and a danger to pedestrians.
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5.28 However, the Highways Authority at Herts County Council raises no
objection to the applications. It recognises that Church Lane would not
normally be considered suitable for use by heavy goods vehicles.
However, it states that it has to be recognised that Church Lane links
through to Station Rd and Primrose Hill where there are other
commercial premises and it is likely that it is used to gain access to this
area. The amount of traffic likely to be generated by this proposal is
insignificant in comparison with that being generated by the rest of the
industrial estate and the neighbouring area. Further discussions have
also clarified that the Authority consider that the bell-mouth entrance to
Sunderlands Yard is sufficiently wide as to allow a safe exit and entrance
point for heavy goods vehicles.
5.29 It is therefore considered that, subject to the imposition of a condition
limiting vehicle movements, compliance with the policies detailed in
section 5.26 is achieved.
6.
Conclusion
6.1 Overall, it is considered that the application does not pose a threat to
residential or general amenity by way of noise pollution, or pollution of air
or water, that cannot be sufficiently controlled through the use of
planning conditions. Planning permission also acts as a precursor to the
granting of a Waste Management Licence by the Environment Agency.
Should the latter be granted, this will also control the environmental and
operational controls governing the collection and storage of the asbestos
on site.
6.2 The impact of the additional lorry movements on the highway, and
residential and general amenity are acceptable, subject to the imposition
of suitable planning conditions. Likewise, the impact of the development
on the urban landscape is acceptable, subject to the imposition of
suitable planning conditions.
6.3 It is considered that there is a need within the County for the type of
facility proposed within the application, to store the requested waste
types, that is not overridden by other material interests. In this way
compliance with Policy 55 of the Hertfordshire Structure Plan Review
1991 – 2011 is achieved, along with compliance of Waste Policy 2,
Waste Policy 25 and Waste Policy 13 of the Hertfordshire Waste Local
Plan 1995 – 2005.
6.4 It is therefore recommended that planning permission be granted,
subject to imposition of the following twelve conditions:
i)
ii)
iii)
commencement of development;
hours of construction work ;
hours of operation;
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iv)
v)
vi)
vii)
viii)
ix)
x)
xi)
xii)
number of heavy goods vehicle movements;
waste types;
restriction on the source of waste;
noise control scheme;
hard and soft boundary landscaping scheme;
security fencing scheme;
hard surfacing and drainage scheme;
details of colour and design of the sealed container;
no burning of materials on site.
6.5 On a wider level, it is likely that in the future, additional applications of
this type will be received by Herts County Council. Such applications
have been brought about by changes in legislation regarding the
disposal to landfill of hazardous waste. These changes have taken
place since the publication of the existing Herts Waste Local Plan 1995 2005. The latter does not therefore include specific reference to the
need for transfer stations for hazardous waste of this type. It should be
noted that the strategic issue of how to manage such waste will be
considered in the context of the emerging Hertfordshire Development
Documents.
7.
Financial implications
7.1 Planning applications should be determined on the basis of material
planning considerations, and not on the basis of their financial
implications for the County Council. However, it is a requirement of the
County Council to advise all Committees of the financial implications that
may arise from their decisions.
7.2 If a planning application is refused or is not determined within a specific
period, the applicant has a right of appeal. Any appeal would result in
additional costs, which in part can be met from existing budget
provisions. However, a major public inquiry may give rise to significant
costs for which there is no specific budget provision. If the County
Council refuses an application without reasonable planning grounds on
which to base its decision, it may be liable to pay the costs of the
applicant in contesting the appeal.
Background information used by the author in compiling this report
- Planning application reference 4/0988-05 and supporting information
- Consultation responses and representations received in response to
planning application reference 4/0988-05
- Hertfordshire Structure Plan Review 1991-2011 (adopted April 1998)
- Dacorum Borough Local Plan 1991 – 2011(adopted 2004)
- Hertfordshire Waste Local Plan 1995-2005 (January 1999)
- East of England Regional Waste Management Strategy 2002
- www.recycle.mcmail
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Appendix One
A) Hertfordshire Structure Plan Review 1991 – 2011 (Adopted April 1998)
Policy 1: Sustainable Development - … to enable activities and development
in Hertfordshire to be carried out consistently with the principles of
sustainable development.
Policy 39: The Water Environment - Development will be required to take full
account of the need to protect and where appropriate enhance:
iv) river corridors and all watercourses
Policy 41: Tree and Hedge Cover - Improved management of existing tree
and hedge cover will be supported and proposals which would result in a net
loss of cover will be resisted. Development should be designed in such a
manner to ensure the healthy long term growth of retained over and new
planting.
Policy 55: Waste Management - The establishment of facilities for the
handling, transfer, treatment and disposal of waste will be supported, subject
to the other policies of this Plan, particularly those relating to the
environmental and other effects of development, sufficient to make an
appropriate contribution to meeting the region’s needs…. proposals which
lead to the recycling of construction waste will be supported.
Policy 57: Potentially Polluting Development and Location of Pollution
Sensitive Development - Development proposals which would be likely to
result in or significantly contribute to unacceptable levels of pollution will not
be permitted.
B) Dacorum Borough Local Plan 1991 – 2011(adopted 2004)
Policy 1: Sustainable Development Framework
Policy 2: Towns – Development will generally be directed to the towns of
Berkhamsted, Hemel Hempstead and Tring.
Policy 3: Large Villages – Development in Bovingdon, Kings Langley and
Markyate will be permitted if it is compatible with the maintenance and
enhancement of the character of these settlements and the maintenance of
the Green Belt Boundary.
Policy 9: Land Use Division in Towns and Large Villages – In residential
areas…
iii) compatible non-residential development for small-scale social, community,
leisure and business purposes is acceptable;
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iv) the introduction of intensification
development will be resisted.
of
incompatible
non-residential
Policy 11: Quality of Development – A high standard is expected in all
development proposals. Development will not be permitted unless:
a) it is appropriate in terms of layout, site coverage, design, scale, bulk,,
height, materials, landscaping on the site itself, in relation to adjoining
property and in the context of longer views;
b) it retains and supplements important trees and shrubs and where relevant
includes measures to enhance the local landscape;
d) it avoids harm to the surrounding neighbourhood and adjoining properties
through, for example, visual intrusion, loss of privacy, general noise and
disturbance;
f) it provides a satisfactory means of access that will not cause or increase
danger to pedestrians, cyclists and other road users;
g) the traffic generated would neither compromise the safe and free flow of
traffic on the existing road network nor have a detrimental impact on the
safety of other road users or on the amenity of the area;
j) it avoids harm arising from pollution in all its forms, including air, water,
noise and light pollution;
Policy 34: Other Land with Established Employed Generating Uses – …..
Where an established employment generating use does not cause
environmental problems, new small-scale employment development and redevelopment will be permitted on the following basis:
a) In the towns, large villages, selected small villages and the Rural Area;
i) there must be no undesirable impact on adjoining property and on the
surrounding area…
Policy 51: Development and Transport Impacts – Overall capacity in the main
road network will be regarded as an important constraint on development
proposals which would have a significant transport impact. Development must
be compatible in locational and generational terms with the current and future
operation of the defined road hierarchy and road improvement strategy. The
acceptability of all development proposals will always be assessed specifically
in highway and traffic terms and should have no significant impact upon:
a) the nature, capacity and use of the highway network and its ability to
accommodate the traffic generated by the development;
e) the environmental and safety implications of the traffic generated by the
development.
C) Hertfordshire Waste Local Plan 1995 – 2005 (Adopted January 1999)
Waste Policy 1 - In … considering proposals for waste management
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development, the County Council will have regard to the extent to which the
development is sustainable in form and location, and minimises traffic
congestion, travel distances, waste generation and pollution. The County
Council in dealing with waste management will give preference to the location
of waste recycling, handling, reduction and disposal facilities as close as
practical to the origin of the waste.
Waste Policy 2 - The establishment of facilities for handling, transfer,
treatment and disposal of waste will be supported provided that in order to
accommodate the equivalent of Hertfordshire’s own waste arisings, there is a
clearly established need for additional capacity and facilities of the kind that
the proposed development would provide, which outweighs any material
agricultural, landscape, conservation or environmental interest affected by
the proposal.
Waste Policy 13 - Proposals for facilities outside areas of search will be
permitted subject to Waste Policy 2 and provided the proposals:
i) minimise impact on local or natural environments
ii) have access to the main road network
iii) serve Herts main population and employment areas
iv) are preferably on land falling into one of the following categories:
- land allocated for development
- within or adjacent to existing waste management
- within or adjacent to established or proposed general industrial area
- within or adjacent to compatible land uses
Waste Policy 25 - When considering applications for the handling, transfer,
treatment, processing or disposal of difficult and special wastes the County
Council will have particular regard to the need to ensure that there is
adequate provision of environmentally acceptable facilities (within Herts or
elsewhere) to provide for difficult and special wastes arising within
Hertfordshire. Any proposal will need to satisfy the requirements of Waste
Policy 2.
The County Council will only permit the handling, storage, treatment,
processing and disposal of difficult and special wastes where it is satisfied
that:
- either the wastes concerned would arise largely within Hertfordshire or the
facility would part of a regional or national strategy for dealing with the wastes
concerned to which the County Council has agreed.
- the proposed means of handling, storage, treatment, processing and
disposal and the proposed facilities are appropriate to the nature and hazards
of the particular wastes concerned.
Waste Policy 40 – Where the County Council considers that a waste
management proposal is likely to cause significant noise intrusion to existing
noise sensitive development or constrain planned noise sensitive
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development, planning permission will not be granted unless the applicant is
able to demonstrate that no significant noise intrusion, or constraint arising
from noise will occur, or that any such problem can be adequately controlled
by condition.
Waste Policy 41 - …. Where a proposal for transfer, processing or recycling
or waste is adjacent to a main river ordinary watercourse or canal, developers
will have to illustrate that any proposals will not have a detrimental effect on
the water environment. Where appropriate, consideration will be given to the
provision or retention of at least a 20 metres buffer zone.
Waste Policy 43 – Planning permission will only be granted for the disposal,
transfer, processing or recycling of waste which is capable of being
transported to sites, via rail, water or primary and distributor roads as
identified in the County Council’s current transport policies and programmes.
In determining proposals, the County Council will take into account the effect
of lorry traffic on local communities and residential areas.
Where the transport of waste would require the use of local roads to gain
access to the waste management site from the major road network…….
Applicants for planning permission will be required to carry out, and submit the
results of a study of the impact of heavy goods vehicle traffic on road safety
and the environment.
In determining applications for waste management facilities, the County
Council will take into account the effect the extra activity will have upon other
users of the road system in the area, the structure of the roads, road verges,
roadside trees, hedges and the adjoining environment.
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