Agenda item

To receive and consider the attached report of the Chief Planning Officer regarding an application for the variation of Conditions 1, 5, 6 and 18 of previous approval 11/01809/FU to amend the site layout and to extend the hours of operation to 0700-1900 (Monday to Friday) and 0800-1700 (Saturday)

Cllr. Hutchison left the meeting for the duration of item 7. Minute 28 refers.

The report of the Chief Planning Officer requested Members to consider an application for a variation of conditions 1, 5, 6 and 18 of previous approval 11/01809/FU to amend the site layout and to extend the hours of operation to 07:00 – 19:00 (Monday – Friday) and 08:00- 17:00 (Saturday) at Whitehall Industrial Estate, New Farnley.

Members of the Panel had visited the site earlier in the day. Photographs and plans were shown throughout the presentation.

Councillor Ann Blackburn had requested that this application be brought to the Plans Panel for determination. Councillor Blackburn’s objections to the application related to the proposed amendment to the operating hours and associated noise nuisance and the increase in vehicle movements and associated dirt and noise nuisance.

Members were advised of the following points:

·  The context of this planning application was provided to Members and set out at points 1.3 – 1.7 of the submitted report and included;

o  That the applicant’s main waste management business located at 263 Whitehall Road was not large enough to accommodate all of the incoming general skip waste accepted at the site;

o  The applicant has acquired the Ashfield Way site on Whitehall Road which is a safeguarded waste management site in the Leeds adopted development plan;

o  The applicant currently accepts inert demolition and construction waste as well as general skip waste. However, the applicant wishes to separate the two types of waste with inert demolition and construction waste being transferred to the Ashfield Way site on Whitehall Industrial Estate;

o  The applicant wants to carry out waste transfer operations different to those conditions attached to existing permission Ref: 11/01809/FU.

·  The conditions to be varied were:

o  Condition 1 – Approved Plans as set out at point 2.1 of the submitted report;

o  Condition 5 and 6 – Approved landscaping and landscape maintenance as set out at point 2.2 of the submitted report;

o  Condition 18 – approved operating hours as set out at points 2.3 and 2.4 of the submitted report. Members noted the current operating hours 08:00-16:00 (Monday – Friday) and 09:00- 15:00 (Saturday);

·  10 letters of representation had been received from members of the public objecting to the proposal for the following reasons:

o  Noise impact in connection to longer operating hours;

o  High levels of dust;

o  Vehicles depositing dirt and debris onto the public highway; and Highway safety at the junction of Ashfield Way and Whitehall Road;

·  2 of the letters of representation received were from Councillors Ann and David Blackburn who raised concerns in relation to the perceived impact on general amenity and the living conditions of occupiers of nearby property from noise nuisance and the perceived impact on amenity and safety arising from the depositions and /or accumulations of dirt / debris on the public highway. It was noted that the Councillors were aware of negotiations by officers, which included the operational restrictions secured at points 5.3-5.4 and the limitations set in points 5.5-5.7 of the submitted report;

·  Negotiations had taken place in relation to restriction on crushing and screening as set out at point 5.3 of the submitted report are imposed on any grant of planning permission;

·  The site was well contained with trees surrounding.

In attendance at the meeting was a resident who lived next to the Whitehall Industrial Estate who informed the Panel of the following points:

·  There are schools, houses and allotments in the area;

·  Complaints had been made in relation to noise and dust;

·  Noise and dust was already a problem to those residents who live near the Ashfield Way site due to traffic and the type of work at the site;

·  BWS want to increase the hours which would increase the traffic and noise at the site;

·  A recent count of vehicles entering and exiting the site had counted 93 vehicles in an hour;

·  The environment needs to be put first;

·  Concerns for the health and wellbeing of residents.

Speaking for the recommendation was a resident and Clive Saul a representative of the applicant. Members were informed of the following:

·  The plan should be accepted so that the inert waste was moved from the residential area;

·  BWS had agreed limitations on the operation of the crushing machine;

·  The expectation was that the Council would be the enforcers on reduced hours;

·  The hours requested of 7:00am – 7:00pm (Monday to Friday) and 8:00am – 5:00pm (Saturday) were not dissimilar to those permissions already permitted;

·  An area not concrete could be set aside for the dumping of construction materials.

In response to Members questions the Panel were advised of the following points:

·  The current hours of permission as 8:00am-4:00pm (Monday –Friday) 9:00am-3:00pm (Saturday)

·  There would be a restriction on crushing and screening activities and activities undertaken in the final hour of operation;

·  An application would have to be submitted for a crusher;

·  No noise reports had been submitted;

·  Consulted with Environmental Health but they had raised no objections in relation to noise;

·  There are two other waste management operators on the Ashfield Way site namely Mone Bros. and Dysons

o  Mone Bros. times of operation 7:30am-6:00pm Monday – Friday 7:30am -1:00pm Saturday

o  Dysons times of operation 7:30am- 5:30pm Monday – Friday 7:30am – 1:30pm Saturday. It was noted that Dysons have an application submitted to increase their hours of operation.

Members discussed:

·  The consistent approach to operating hours across Ashfield Way;

·  The feasibility of an area to be assigned for drop off of waste;

·  Process to address noise complaints; and

·  Enforcement procedures.

RESOLVED – To grant permission subject to the conditions set out in the submitted report with an amendment to condition 18 and the addition of the following condition:

1.  With an amendment to condition 18 for a start time of 7:30am start time Monday – Friday;

2.  Prior to operation of revised hours a plan showing an unloading area for skips to absorb noise shall be submitted to and approved in writing by LCC and subsequently implemented.

Cllr. Hutchison re-joined the meeting.