Agenda item

To receive and consider the attached report of the Chief Planning Officer regarding a retrospective change of use of land to form extension to existing waste transfer station and alterations to existing site layout approved by permission reference 24/295/00/MIN; new front extensions to existing waste transfer building.

The report of the Chief Planning Officer presented an application for a retrospective change of use of land to form extension to existing waste transfer station and alterations to existing site layout approved by permission reference 24/295/00/MIN; new front extensions to waste transfer building at Whitehall Industrial Estate, New Farnley.

Members visited the site prior to the meeting and site plans and photographs were displayed and referred to throughout the discussion of the application.

Further issues highlighted in relation to the application included the following:

·  The nearest residential properties were 250 metres away.

·  Current hours of operation were 08:30 to 17:30 Monday to Friday and 08:00 to 17:00 on Saturday.  The applicant had requested 06:00 to 00:00 Monday to Friday and 06:00 to 15:00 on Saturday.  Due to a high number of complaints it was recommended that the hours should be 07:30 to 19:00 Monday to Friday and 08:00 to 17:00 on Saturday.

·  Retrospective changes included the following:

o  New boundaries for the permission included the access road, storage areas and office accommodation.

o  Installation of the conveyor system.

·  It was proposed to extend the waste transfer building to mitigate the impact of disturbance caused by activities.

·  Phase 1 of the scheme would involve installing cladding around external storage and conveyor belts.  Phase two would involve covering the rest of the yard area.

·  Objections to the application mainly focussed on the disturbance due to extended hours.

·  The noise impact report submitted by the applicant was considered to be flawed.  It was considered that the hours of operation should only be during daytime hours which was in line with other waste operators.

·  It was felt that noise levels would be acceptable during the proposed working hours.

·  Other potential impacts would be mitigated by planning conditions.  These include odour emissions and management of mud and dust.

·  The applicant had withdrawn the second phase of the application due to the recommended hours.

·  It was recommended that the application be approved.

A local Ward Councillor and local resident addressed the Panel with concerns and objections to the application.  These included the following:

·  The hours of operation and noise pollution.  Leeds City Council guidance on the use of heavy equipment stated that this should not occur after 18:00 Monday to Friday and 13:00 on a Saturday.

·  It was not comparable to other waste operators at the site due to its closer proximity to residential properties.

·  The existing mud and dust management plan was not sufficient and led to hazards on Whitehall Road.

·  Local residents would like the current hours of operation to remain.

The applicant’s representative addressed the Panel.  The following was highlighted:

·  The applicant had worked closely with planning officers to reach agreement on the proposals.

·  The applicant was long established on the site and was sensitive to local residents.

·  There were numerous other operators on the estate who contributed to noise.  Some of these had 24 hour operations.

·  Concessions had been made to the original application and the applicant would continue to work with in statutory guidelines.

In response to comments and questions, the following was discussed:

·  Machinery would not always be in operation during the proposed extended hours.  The extended hours would allow to make up for occasions when machinery was not working.

·  All operations carried out as a result of this application would be carried out inside internal areas.

·  There were means of enforcement should noise be a persistent problem and the site was also regulated by the Environment Agency

·  Clarification of condition 8 which involved tipping waste into inside areas.  Conditions 6, 13 and 14 should be included within the new line boundary and possible changes to the boundary treatment.

·  Concern that there would still be noise disturbance that may affect local residents.

RESOLVED – That the application be approved as per the officer recommendation and the following conditions:

Additional conditions required for:-  1) Boundary landscaping, 2) Surfacing and drainage of storage areas, 3) Reporting condition for periods site is required to operate from 5pm to 7pm because of mechanical failures. Also additional line to be added to conditions 6, 13 and 14 to ensure the information is submitted and approved prior to erection of buildings and implementation of additional operating hours.