Agenda item

Extension of material recovery building, provision of hard standing and variation of condition 3 of Planning Permission 07/02440/FUL to allow use of building between 06.00 - 22.00 7 days a week.  [Rural West York Ward] [Site Visit]

Members considered a major full application (13 weeks) from Mr Mark Hall for the extension of a material recovery building, the provision of hard standing and variation of condition 3 of Planning Permission 07/02440/FUL to allow use of building between 06.00 – 22.00, 7 days a week.

Officers circulated a written update to Members, as follows, and read through these for the benefit of those at the meeting.

• That condition 2 be amended to delete the first plan ref HAR-PLOO-YO811-OOA as it does not reflect the current situation to date.
• The application has asked that it be pointed out that should the application be approved the facility would be open for the receipt of materials between 06.00 hours and 07.00 hours in the morning and that no processing would take place at that time.
• In terms of vehicle movements, the extended hours would not lead to an increase in the total volume of vehicle movements into and out of the site but a spreading of the existing traffic volume more evenly through the day.
• For the avoidance of doubt, the existing operating hours for the Materials Recycling Building are 07.30 to 17.30 each day.

Representations were received from a gentleman who read a statement from   Rufforth with Knapton Parish Council in objection to the application. He stated that this was the fourteenth application since the original permission was granted, none of which had been rejected by the Committee. He drew Members’ and officers’ attention to some errors within the report. He stated that the Parish Council raised strong objections to the increase in operating hours which equated to an increase of 66 percent in the time when the site would be open as this showed no regard to public amenity. He asked the Committee to consider requiring a S106 application to facilitate public access for walking and cycling across the site if the application was approved. In response to a query from Members he advised the Committee that he was not personally aware of industrial noise but the main concern was the noise created by trucks reversing on the site.

Representations were also received from the agent on behalf of Yorwaste in support of the application. He stated this was a modest extension which would not give rise to additional waste. He informed Members that there was no large anticipated rise in vehicle movements, with only an additional 3 vehicles (6 movements) expected each day, but instead a redistribution of vehicle movements over a longer time period. He explained that their intention was for waste to be received on site between 6am and 10pm and for waste to be processed on site between 7am and 5.30pm. He advised the Committee that Yorwaste had responded to concerns raised by Rufforth with Knapton Parish Council and any possible errors in the report. In response to a query from Members he advised that following tests on noise levels, Yorwaste had undertaken not to operate a piece of plant machinery between 6am and 7am, which had been identified  as creating a noise impact, but advised that the receipt of materials did not give rise to noise levels.

In response to queries from Members, he stated that the type of mobile plant machinery used in the building was large scale and space inside the building was currently tight and the extension would allow for better movement of plant around the building.

 He explained that his clients had applied to extend the hours of operation in order to reflect a changing waste management industry and to meet customers needs in terms of waste collection arrangements. He advised that waste processed on site was a combination of municipal and commercial waste and they wanted to be able to provide their customers with more flexibility with regard to when they could deliver waste to site.

In response to Members concerns about potential noise from reversing vehicles, he advised that the company had carried out detailed noise monitoring which considered any potential cause of noise against background noise levels. He stated that based on assumed traffic flow and background noise levels, the increase in noise level would be 1.3 decibels which was seen as not likely to have a significant effect on residential amenity.

Members agreed to deal with the application in two parts: firstly the extension of the material recovery building and provision of hard standing;  and secondly the variation of condition 3 of Planning Permission 07/02440/FUL to allow use of the building between 06.00 – 22.00, seven days a week.

Members agreed that the application to extend the material recovery building, including the provision of hard standing, should be approved. However, with regard to operating hours, they  raised concerns that residents who were already affected, especially at weekends, by the noise of reversing vehicles on site would be affected to a greater extent if operating hours were increased as requested. Members recognised the need to encourage recycling and ensure as much waste as possible could be recycled and to meet market demand in terms of waste collection/delivery arrangements. However they noted that residential amenity should be considered carefully and suggested that a compromise be reached regarding operating hours and suggested 7am to 9pm daily instead of the 6am to 10pm which had been requested.

RESOLVED:            

That the application be approved, following referral to the Secretary of State, subject to the conditions listed in the report and the amended condition below.

Condition 5

The materials recycling building and associated plant hereby approved shall only operate between the hours of 07.00 and 21.00 daily.

Reason: To safeguard the residential amenity of nearby properties and to secure compliance with Policy GP1 of the York Development Control Local Plan.

REASON:

The proposal, subject to the conditions listed in the report and the amended condition above, would not cause undue harm to interests of acknowledged importance, with particular reference to impact upon the open character and purposes of designation of the Green Belt, impact upon the residential amenity of neighbouring properties, impact upon the local surface water drainage network, impact upon the ability of the City to meet nationally derived targets to minimise waste production and the temporary nature of the whole operation.  As such the proposal complies with Policy YH9 and Y1C of The Yorkshire and Humber Plan, policies GP1,GP15a), GB1, GB11,MW5  of the City of York Development Control Local Plan and Government policy contained within Planning Policy Guidance note 2 'Green Belts'.