Agenda item

1)       Mr Tomaszewski, Principal Planning Officer outlined the report and made reference to late representations that had been received following the publication of the agenda.  This included one representation received directly by the Planning Department and 12 via Mr Baker the local Member.

 

2)       A local resident addressed the Committee to object to the proposal and raise points of concern.

 

3)       The Applicant’s Agent addressed the Committee.

 

4)       Mr Prater, KCC Member for Cheriton, Sandgate and Hythe East addressed the Committee.

 

5)       It was proposed by Chair and seconded by the Vice Chair:

 

That the officer’s recommendation be adopted, namely:

 

That PERMISSION BE GRANTED, SUBJECT TO the reimposition of the existing conditions from permission reference FH/20/1590 and the highlighted changes to conditions 2,5,7,10 &19 covering (amongst other matters) the following:

 

(Amended or new conditions in bold)

 

1. The development to which this permission relates shall be begun not later than the expiration of 3 years beginning with the date of this permission. Written notification of the actual date of commencement shall be sent to the County Planning Authority within 7 days of such commencement.

 

2. The development hereby permitted shall be carried out and completed in all respects in accordance with the submitted details, documents and plans referred to in Schedule 1 (attached) and as stipulated in the conditions set out above and below, together with those further details required to be submitted for approval. No variations or omissions shall take place without the prior approval in writing of the County Planning Authority.

 

3. A copy of this permission and the approved plans and other details shall be available in the operator’s site office at all times during the operational life of the site. Any subsequent approved amendments shall also be displayed.

 

4. The buildings erected on the site as components of the development hereby permitted shall be used solely for the purposes specified in this planning permission.

 

5. No more than a total of 320,000 tonnes per annum of construction and demolition (C&D) wastes shall be imported to and processed to produce recycled aggregate at the site in any calendar year; and no more than 200,000 tonnes per annum (of the overall 320,000tpa) shall be imported during overnight operational hours. Records detailing the quantities and nature of waste imported, (including differentiating between daytime and nighttime imports) to the site shall be maintained for the life of the facility hereby permitted and shall be made available for inspection at any reasonable time following a request from the Waste Planning Authority.

 

6. Only inert construction and demolition waste (as specified in the application) shall be imported to, stored and processed to produce recycled aggregate at the site.

 

7. No more than 64 HGV movements (32 in / 32 out) per day associated with the import and export of materials to and from the development hereby permitted shall take place in any one day. No more than 40 HGV movements (20 in / 20 out) per operational night shall take place. Records shall be maintained by the site operator of all vehicle movements and be made available to the Waste Planning Authority on request.

 

8. There shall be no deliveries of waste to the site by members of the public.

 

9. No vehicles over a gross vehicle weight of 7.5 tonnes transporting material to or from the site shall use Ashley Avenue.

 

10. With the exception of the operation of the screener and crusher plant, operations on site shall only take place between the hours of 07:00 - 19:00 Monday to Friday and 07:00-14:00 on Saturdays. The screener and crusher plant shall only be operated between the hours of 07:00 and 18:00 Monday to Friday. Overnight deliveries of waste shall only take place between the hours of 19:00 - 07:00 Monday to Saturday and no other site operations shall take place during these overnight hours. No operations shall take place on Sunday, Bank or Public Holidays.

 

11. A Travel Plan shall be submitted to and thereafter approved by the Waste Planning Authority within two months of the date of the planning permission hereby granted which shall set out measure to promote vehicle movements outside of peak periods of 07:30-09:30 and 16:30- 18:30.

 

12. Measures shall be taken to ensure that vehicles leaving the site do not deposit mud or other materials on the public highway. Such preventative measures shall include site floor cleaning, the use of wheel and chassis cleaning equipment and the netting/sheeting or enclosure of loaded vehicles to and from the site.

 

13. No vehicles associated with the development hereby permitted and operation of the site shall park or wait on Ceasar’s Way at any time.

 

14. The noise mitigation and management measures set out in the Dust and Noise Management Plan shall be fully implemented and adhered to at all times during the development hereby permitted.

 

15. The dust mitigation and management measures set out in the Dust and Noise Management Plan shall be fully implemented and adhered to at all times during the development hereby permitted.

 

16. The height of recycled aggregate or other material stockpiles shall not exceed 0.5 metres below the height of the retaining walls of the aggregate storage bays (as set out in Drawing PL10 P10).

 

17. Plant and machinery shall only be operated from ground level and shall not be undertaken from stockpiles

 

18. All vehicles, plant and/or machinery and shall be maintained and serviced in accordance with the manufacturer’s specification at all times and fitted with closed engine covers and effective silencers.

 

19. The development hereby permitted shall be undertaken in accordance with the Flood Risk Assessment and Drainage Strategy. No water run-off that may arise will be accepted into the M20 highway drainage systems and there shall be no connections into those highway drainage systems.

 

20. The development hereby permitted shall be undertaken in accordance with the approved Surface Water Drainage Scheme and it shall be fully implemented and adhered to at all times during the development hereby permitted.

 

21. A Drainage Scheme Verification Plan shall be submitted to and approved by the Local Planning Authority within 6 months of the date of the planning permission hereby granted. The Report shall contain information and evidence (including photographs) of implementation of the drainage scheme.

 

22. The development hereby permitted shall be lit in accordance with the lighting details shown in drawings PL10 Rev P10 and PL14 Rev P1. No lighting structures other than those shown in these drawings shall be installed closer to the M20 boundary fence than 1.5 times the column height nor be directed towards the M20 unless approved in writing by the Waste Planning Authority who shall consult National Highways.

 

23. Unless otherwise approved beforehand in writing by the Waste Planning Authority, no piling or other foundation works using penetrative methods shall take place at the site.

 

24. If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Waste Planning Authority) shall be carried out until a remediation strategy detailing how this contamination will be dealt with has been submitted to and approved in writing by the Waste Planning Authority. The remediation strategy shall be implemented as approved.

 

25. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development Order) 2015, no additional buildings, fixed plant or machinery shall be installed on site without prior permission in writing by the Waste Planning Authority of their siting, design and external appearance.

 

New Conditions

 

26. Nighttime waste delivery operations shall take place on no more than 60 working nights in any 90 day period.

 

27. Submission and approval in writing of an Operational Management Plan to include the following matters:

• Operational routing plans;

• Permitted operational traffic arrival and departure times;

• Management of loose loads;

• Management of water spray and dust from the aggregate wash facility; and

• Cleaning of operational vehicles on-site.

 

 

And the following INFORMATIVE be imposed as requested by the Environment Agency:

 

Connection to mains foul drainage not feasible (no foul drainage assessment submitted) The application indicates that a permit to discharge may be required. Government guidance contained within the national Planning Practice Guidance (Water supply, wastewater and water quality – considerations for planning applications, paragraph 020) sets out a hierarchy of drainage options that must be considered and discounted in the following order: 1. Connection to the public sewer 2. Package sewage treatment plant (adopted in due course by the sewerage company or owned and operated under a new appointment or variation) 3. Septic Tank Foul drainage should be connected to the main sewer. Where this is not possible, under the Environmental Permitting Regulations 2016 any discharge of sewage or trade effluent made to either surface water or groundwater will need to be registered as an exempt discharge activity or hold a permit issued by the Environment Agency, additional to planning permission. This applies to any discharge to inland freshwaters, coastal waters or relevant territorial waters. Please note that the granting of planning permission does not guarantee the granting of an Environmental Permit. Upon receipt of a correctly filled in application form we will carry out an assessment. It can take up to 4 months before we are in a position to decide whether to grant a permit or not. Domestic effluent discharged from a treatment plant/septic tank at 2 cubic metres or less to ground or 5 cubic metres or less to surface water in any 24 hour period must comply with General Binding Rules provided that no public foul sewer is available to serve the development and that the site is not within an inner Groundwater Source Protection Zone.

 

A soakaway used to serve a non-mains drainage system must be sited no less than 10 metres from the nearest watercourse, not less than 10 metres from any other foul soakaway and not less than 50 metres from the nearest potable water supply. Where the proposed development involves the connection of foul drainage to an existing non[1]mains drainage system, the applicant should ensure that it is in a good state of repair, regularly de-sludged and of sufficient capacity to deal with any potential increase in flow and loading which may occur as a result of the development. Where the existing non-mains drainage system is covered by a permit to discharge then an application to vary the permit will need to be made to reflect the increase in volume being discharged. It can take up to 13 weeks before we decide whether to vary a permit. Further advice is available at: Septic tanks and treatment plants: permits and general binding rules.

 

6)       Following questions and debate it was agreed that the following condition be added to the motion:

 

28. Details of the number of HGV deliveries shall be provided to the  County Planning Authority upon request.

 

7)       Upon being put to the vote, the amended motion was declared CARRIED.