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Planning Application Number: 09/12/0868
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Executive Director of Environment
Director of Transport and Environment
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Head of Development Management
Date: 30th November 2012
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Decision Notice Issued
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Development Control
Planning Application Delegated Report
Electoral Division affected:
Chorley Rural North
Date app. valid
31 Aug 2012
Dec. due by
30 Nov 2012
Chorley Borough Council: Application No. 09/12/0868
Extension to waste sorting and recycling centre building to connect with the
existing waste transfer station, increase in the roof height of the existing
building to create continuity, additional external water tanks, electrical
cabinets and the creation of additional car parking spaces at Clayton Hall
Landfill Site, Dawson Lane, Whittle Le Woods
Contact for further information:
Patrick McKeown, 01772 534177, Environment Directorate
DevCon@lancashire.gov.uk
Executive Summary
Application – Extension to waste sorting and recycling centre building to connect
with the existing waste transfer station, increase in the roof height of the existing
building to create continuity, additional external water tanks, electrical cabinets, and
the creation of additional car parking spaces at Clayton Hall Landfill site, Dawson
Lane, Whittle le Woods.
Recommendation – Summary
That planning permission be granted subject to conditions controlling time limits,
working programme, hours of working, building materials, site operations,
safeguarding of watercourses and drainage, control of noise and restoration.
Applicant’s Proposal
Planning permission is sought for the extension and consolidation of the existing
waste recycling operations at the site and incorporates the following elements:

Extension of the existing Waste Sorting and Recycling Centre to connect it
with the existing Waste Transfer Station. The extension would constitute an 'L'
shaped infill extension measuring 30m x 24m which would incorporate a
pitched roof, sloping from 10.1m to 9m at the eaves to tie in with the existing
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



buildings. The extension would be coloured dark green to match the existing
buildings.
Increase in the height of the roof of the Waste Sorting and Recycling Centre
by 3.1m to achieve a uniform roof height in the existing buildings and
proposed extension.
Construction of 2 steel water tanks. The tanks could be up to 9m high and
have a diameter of 4.6m and would be coloured dark green.
Provision of 3 substation electrical cabinets measuring 3.2m x 3.2m x 2.7m
high and provision of a meter cabinet measuring 1.3m x 1.3m x 2.3m high.
Both cabinet types would be coloured dark green.
Provision of 16 additional car parking spaces.
The application would allow for the installation of a range of new waste processing
equipment. To maximise the benefits of the new equipment the applicant is
proposing to increase the permitted hours of operation of the waste recycling
operations at the site to 08:00 – 22:00 (waste storage and processing) and 06:00 –
08:00 (to allow for cleaning and maintenance) Monday-Saturday. No operations
would take place on Sunday or on Bank Holidays. The development would result in
a two-shift working pattern and an additional 24 employees. There would be no
increase in the volume of waste imported to the site and no increase in the volume of
HGV traffic.
The current application would constitute a holistic approach to all recycling/waste
transfer operations at the application site including those taking place within the
existing buildings.
Description and Location of Site
Clayton Hall is a former sand quarry, which is now being restored through the
deposit of commercial and industrial waste. A site also has an associated waste
management and recycling centre. The site is accessed from Dawson Lane and is
located between Whittle-le-Woods and Leyland, on the western flank of the River
Lostock Valley. The proposed development would extend and consolidate the
existing Waste Sorting and Recycling Centre and Waste Transfer Station buildings
located in the service yard to the south of the site.
Open agricultural land extends beyond the site to the north and east. The former
Royal Ordnance site located to the south is being developed as the Buckshaw
Village complex. An established residential estate is located approximately 400m to
the north-west of the part of the site upon which the development is proposed.
Public Footpath 17 runs to the south of the application area but would not be
affected.
This site is located within Green Belt.
Background
History
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Clayton Hall Quarry is a long established sand quarry, which is currently being
restored by landfilling with industrial and commercial wastes. The old mining
planning permissions relevant to this site were reviewed under the provisions of the
Environment Act 1995 and new planning conditions were determined on 6 April 1998
as part of permission 09/98/049. The reviewed conditions provide for the extraction
of minerals followed by progressive restoration of the site involving the importation of
waste materials until the end of 30 years from the date of the permission i.e. 6 April
2028.
Planning permission for a waste baling and recycling centre was granted in February
1991 (ref 09/90/0690)
Planning permission for an extension to existing facility to provide new recycling
shed weighbridge and office cabin and inert/green waste sorting bays was granted in
March 2003 (ref 09/02/1268)
Planning permission for the demolition of existing workshop building and erection of
new building on same site for use as transfer station was granted in April 2005 (ref
09/05/0150)
Planning permission for the erection of a concrete leachate tank and landfill gas flare
was granted in August 2007 (ref. 09/07/0640).
Planning permission for the erection of 3 leachate tanks. was granted in June 2008
(ref. 09/08/0478).
Planning permission for the erection of a landfill gas generator for the generation of
electricity from landfill gas, gas flare, plant, switch/meter room and ancillary offices
and stores was granted in March 2009 (ref. 09/09/0009).
Planning permission for a proposed additional gas engine, revised layout of
renewable electricity generation compound used to generate electricity, and
retention of meter and switch/substation cabinets was granted in April 2011 (ref.
09/11/0058).
Planning permission for the construction of a leachate tank, heat exchange unit,
pipework and bridges to be used to treat landfill leachate was granted in November
2011 (ref: 09/11/0794).
Planning Policy
National Planning Policy Framework (NPPF)
Section 9
Protecting Green Belt Land
Joint Lancashire Minerals and Waste Development Framework Core Strategy DPD
CS8
CS9
Identifying Capacity for Managing our Waste
Achieving Sustainable Waste Management
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Lancashire Minerals and Waste Local Plan
Policy 2
Policy 14
Policy 23
Policy 37
Policy 88
Policy 112
Quality of Life
Green Belts and Waste Development
Water Resource Protection
Strategic Road Network
Recycling, Sorting and Transfer of Waste
Standards of Operation
Central Lancashire Adopted Core Strategy
Policy 17
Design of New Buildings
Chorley Borough Local Plan
Policy DC1 Development in the Green Belt
Policy EP17 Water Resources and Quality
Policy EP20 Noise
Consultations
Chorley Borough Council – No objection subject to the County Council being
satisfied from a highway safety perspective. Request that the hours of operation are
restricted to protect residential amenity and that materials used are in keeping with
the existing building and surrounding area.
Clayton-Le-Woods Parish Council – No observations received.
LCC Highways – No objection.
Environment Agency – No objection.
Rambler's Association – No objection.
Representations – The application has been advertised by press and site notice and
residents informed by individual letter. One letter of representation has been
received seeking clarification that there would be no impact on the footpath network.
Advice
Director of Transport and Environment– Observations
Policy
When considering applications for waste development a local planning authority
must have regard to the EU Waste Framework Directive, which has been made part
of domestic law by the Waste Management Licensing Regulations 1994. This
legislation provides that the local planning authority must have regard to the ‘relevant
objectives’, which are ensuring that waste is recovered or disposed of without
endangering human health and without using processes or methods that could harm
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the environment and, in particular, without risk to water, air, soil, plants or animals; or
causing nuisance through noise or odours; or adversely affecting the countryside or
places of special interest.
Section 38 (6) of the Planning and Compulsory Purchase Act 2004 requires planning
applications to be determined in accordance with the Development Plan, unless
material considerations indicate otherwise. In considering the issues that arise from
the proposed development it is not only necessary to take into consideration the
relevant policies of the Development Plan but also the planning history of the site
and all other material planning considerations. Government policy is a material
consideration that should be given appropriate weight in the decision making
process.
National policy seeks to achieve sustainable waste management by moving the
management of waste up the ‘waste hierarchy’, which is reduction, re-use, recycling,
composting, using waste as a source of energy and only disposing of waste as a last
resort. PPS 10 stresses that the wider environmental and economic benefits of
sustainable waste management are material considerations that should be given
significant weight in determining planning applications.
The Development Plan for the site is made up of the Lancashire Minerals and Waste
Local Plan 2006, The Joint Lancashire Minerals and Waste Development Framework
Core Strategy, the Central Lancashire Adopted Core Strategy and the Chorley Local
Plan. The Lancashire Minerals and Waste Local Plan and the Joint Lancashire
Minerals and Waste Development Framework Core Strategy were prepared with
regard to the EU Waste Framework Directive and Paragraph 4 of Part 1 of Schedule
4 of the Waste Management Licensing Regulations 1994. The ‘relevant objectives’
are referred to in the development plan and the policies were prepared to reflect the
intentions of such.
Planning permission is sought for the extension and consolidation of the existing
waste recycling operations at the site. The development would include a built
extension to the Waste Sorting and Recycling Centre to connect it with the existing
Waste Transfer Station, and the construction of water storage tanks, electrical
cabinets and the provision of car parking spaces. The proposal is to extend the
permitted hours within which the waste sorting/ recycling operations currently take
place to accommodate a two shift operation.
The site falls within the Green Belt. Policy 14 of the Lancashire Waste and Minerals
Local Plan and Policy DC1 of the Chorley Borough Local Plan both seek to restrict
development within the Green Belt to uses that preserve the openness of the Green
Belt and do not conflict with the purposes of including land in it.
The NPPF states that the local planning authority should regard the construction of
new buildings as inappropriate in Green Belt (subject to certain exemptions);
engineering operations are considered inappropriate development if they do not
maintain openness and conflict with the purpose of including land within the Green
Belt. Very special circumstances must be demonstrated to justify inappropriate
development. The principle of locating recycling facilities at a site within the Green
Belt has previously been established in the granting of permission for the existing
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facilities at the site. At the time planning permission was granted the waste recycling
facilities were considered to be ancillary to the adjacent landfill site and contributed
to meeting government policy requiring greater recovery of waste and pre-treatment
of waste prior to landfill. The current proposals would not lead to an increase in the
amount of waste imported to the site but would seek to increase waste recovery
performance from the current 3.5% landfill diversion to 40% landfill diversion. The
principle of the improving recovery rates is therefore supported.
Whilst the proposal is considered to be inappropriate within the Green Belt, it is
considered that the applicant has demonstrated very special circumstances to justify
the proposed development within the Green Belt. The proposed extension of the
building would be reflective of the existing built development associated with waste
recycling on the site and would continue to be directly associated with the adjoining
landfill site and the existing waste recovery operations for the remaining life of the
landfill site. It is considered that the benefits associated with the proposal to
increase waste diversion rates would outweigh the potential harm to the Green Belt
for a temporary period. However, as the recycling operations are ancillary to the
landfilling operations carried out at the site and have only been found to be
acceptable in the Green Belt for this reason, it is considered necessary to ensure
that the buildings associated with the waste recycling operations the subject of this
application are removed on completion of the landfilling operations to ensure that the
site is appropriately restored, thus contributing to the achievement of objectives for
the use of land within the Green Belt. Policy 88 of the Lancashire Minerals and
Waste Local Plan supports developments of this type on active landfill sites subject
to their removal on completion of landfilling operations.
It is considered that the use of the proposed building for a temporary period
associated with the landfill site would not adversely affect the openness of the Green
Belt. The site is reasonably well screened by the natural topography of the land, a
number of landscape mounds and surrounding woodland. Subject to a condition
requiring the waste recycling operations to cease and the buildings removed on
completion of the landfill site it is considered the development would be acceptable.
The proposed development would not lead to an increase in the volume of waste
imported to the site or the volume of HGV traffic. However, it is proposed to increase
the permitted hours of operation of the recycling operations and introduce a two-shift
pattern providing employment for an additional 24 employees at the site. To increase
the hours of operation would lead to an intensification of use of the existing recycling
operations of the site and it is therefore necessary to assess the potential impacts of
the development on the amenities of the environmental and on the nearest
residential properties.
Noise
The proposed development would provide accommodation for additional equipment
and machinery to allow for a greater segregation of waste and a higher volume of
landfill diversion. Planning permission is sought to extend the permitted hours of
operation of the recycling/waste sorting centre to 08:00 – 22:00 (for waste storage
and treatment) and 06:00 – 08:00 (cleaning and maintenance) Monday-Saturday.
No operations would be carried out on Sundays and Bank Holidays. The use of the
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premises for extended hours has the potential to lead to increased levels of noise,
particularly when background noise levels are low in the evening. The applicant has
undertaken a noise assessment in accordance with the relevant guidance and
standards to assess the potential for noise disturbance at the nearest residential
properties. The assessment concludes that the distances between the proposed
building and the properties would be sufficient to mitigate the impact of noise to a
level that should not result in complaints and that at the most sensitive residential
receptors, the noise generated by the development would be lower than the existing
background noise levels in both day time and evening conditions. A condition is
proposed restricting the noise levels relative to background noise levels at specified
locations nearest the residential properties to ensure noise is controlled and does not
lead to unacceptable noise disturbance beyond that which has been predicted.
Conditions are also proposed requiring any processing or sorting of waste after
18.30 hours to be confined within the enclosed building and to restrict the access to
the buildings for the delivery and removal of wastes or recycled materials and ensure
vehicular access points to the building are secure between 18.30 and 22.00 hours.
Subject to such conditions it is considered that the proposed extended hours of use
of the building would not generate noise levels that would lead to unacceptable
disturbance in the environment or result in any unacceptable loss of amenity to the
nearest residential properties.
Visual Impact
The existing service yard buildings are located to the south of the overall landfill site
at a lower level than the landfill landform and the existing site topography. The
proposed extension to the building would link the existing Waste Sorting and
Recycling Centre and Waste Transfer Station buildings, to form an 'L-shaped'
building of uniform height and appearance. Wider views of the service yard area are
largely screened by the surrounding topography and landfill and views of the
extension would only be significant from viewpoints of the existing buildings and local
footpath network. The extension would be constructed in similar materials to those
existing and would not extend beyond the existing building line. The water storage
tanks and the electrical cabinets would be constructed in close proximity to the
building and would be painted to minimise their visual impact. Overall, in the context
of the existing service yard and landfill site it is considered that there would not be
any increase or unacceptable visual impact associated with the proposed extensions
to the building.
No additional external lighting is proposed.
Vehicle Movements
The proposed development would not result in an increase in HGV movements to
the site. The LCC Assistant Director (Highways) has raised no objections to the
development on highway grounds. The application provides for the construction of
16 additional car parking spaces to accommodate the requirements of the additional
24 staff that would be employed at the site. The development would result in a small
increase in light vehicle traffic during evening hours associated with the proposed
two shift working pattern. However, the service yard area is located a significant
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distance from any residential properties and has direct access to the highway
network. It is therefore considered that there would be no unacceptable disturbance
to residential amenity.
It is considered that, subject to conditions controlling the hours of operation and
associated uses that can be carried out within such that the proposed development
complies with the policies of the NPPF and the policies of the development plan.
The proposed additional external water tanks, electrical cabinets and the creation of
additional car parking spaces within the yard area are considered acceptable.
In view of the nature, location and purpose of the proposal, it is considered that no
Convention Rights as set out in the Human Rights Act 1998 would be affected.
Summary of Reasons for Decision
The proposed development would lead to an improvement in the sorting and
segregation of waste reducing the amount of waste going to the landfill site and
move it up the waste management hierarchy. The use of the buildings would be
restricted to the life of the landfill site. The applicant has demonstrated very special
circumstances to justify the development within the Green Belt and which would
similarly be restricted to the life of the landfill site and be removed on the completion
of landfilling operations. The development would not cause unacceptable harm in the
Green Belt or be inappropriate for a temporary period. The proposed extended
hours of use and associated noise could be controlled to ensure there is no
unacceptable impact on the amenities of the area or on the nearest residential
properties. The proposed extension would reflect the existing buildings and would be
visually acceptable. The proposed extended hours of use would have no impact on
highway safety or residential amenity. The additional external water tanks, electrical
cabinets and the creation of additional car parking spaces are acceptable. The
development accords with the policies of the National Planning Policy Framework
and the policies of the Development Plan. The policies of the Development Plan
relevant to this decision are:
Joint Lancashire Minerals and Waste Development Framework Core Strategy DPD
CS8
CS9
Identifying Capacity for Managing our Waste
Achieving Sustainable Waste Management
Lancashire Minerals and Waste Local Plan
Policy 2
Policy 14
Policy 23
Policy 37
Policy 88
Policy 112
Quality of Life
Green Belts and Waste Development
Water Resource Protection
Strategic Road Network
Recycling, Sorting and Transfer of Waste
Standards of Operation
Central Lancashire Adopted Core Strategy
10
Policy 17
Design of New Buildings
Chorley Borough Local Plan
Policy DC1 Development in the Green Belt
Policy EP17 Water Resources and Quality
Policy EP20 Noise
The County Council has worked with the applicant in a positive and pro-active
manner based in seeking solutions to problems arising in the processing of the
planning application in full accordance with paragraphs 186 and 187 of the National
Planning Policy Framework and for the purposes of Article 31 of the Town and
Country Development Management Procedure Order 2012, Statement of
Compliance.