12/P/ Titan Sheds (formerly Barratts Garden Centre), Portsmouth Road, Ripley

Transcription

1 1 to 4 MILESTONE CLOSE 12/P/ Titan Sheds (formerly Barratts Garden Centre), Portsmouth Road, Ripley Willowmead Webb House Long Acres 2 Seven Oaks 4 Coombe Cottage Issues Milando Little Croft Aston House The Elms Shaston Annibendod MS 34 GROVE El Sub Sta 1 HEATH NORTH Homeside Oakdene April Cottage Milestone Cottage Eden Lacy Sunwayes Sinclair Works 29 Lilliput ld Cricketers Rose House Suncot Lilac Cottage B 2215 THE GABLES PORTSMOUTH ROAD The Gables HEATH MEWS 6 7 Elmbank 1 5 Westmeon Dovecote House Whitehill Whitehill Lodge 27b 27a LB Eastmeon Ashlea Kelima Hi-Ash The Retreat Nordallee Site boundary Location of incinerator 21 Wisteria 23 "This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's Stationery Office Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or Civil proceedings. Guildford Borough Council, Licence No , 2012" This map is for identifcation purposes only and should not be relied upon for accuracy Copyright GBC 2012 Print Date: 24/07/2012 Not To Scale

2 12/P/00600 Titan Sheds (formerly Barratts Garden Centre), Portsmouth Road, Ripley Milestone Cottage Sinclair Elmbank Incinerator N Not to scale

3 App No: 12/P/00600 Type: F 8 Wk Deadline: 28/05/2012 Appn Type: Full Application Case Officer: Katie Williams Parish: Ripley Ward: Lovelace Agent : Mr M. Gardner Martin Gardner 10 Stockers Lane Woking Surrey GU22 9DB Applicant: Mr Stewart-Clark Challenge Fencing Limited The Shed Factory Portsmouth Road Ripley Surrey GU23 6EW Location: Proposal: Titan Sheds (formerly Barratts Garden Centre), Portsmouth Road, Ripley Installation of TX50 TrashX Industrial Waste Incinerator within factory space. New flue to extend approximately 1350mm above existing roof line (additional information received 16/05/2012). This application has been referred to the Planning Committee because more than 10 letters of objection have been received, contrary to the officer's recommendation. Site description. The application site is located within the Green Belt, outside of any identified settlement area. The site is currently occupied by Challenge Fencing / The Shed Factory and consists of a former dwelling that has been converted into office (B1) use and various large industrial (B2) workshop buildings and areas of hardstanding used for parking and storage. The site is elevated above the road and the workshop buildings on the site are set back from the road frontage. The site is surrounded by residential properties. Proposal. Installation of TX50 TrashX Industrial Waste Incinerator within factory space. New flue to extend approximately 1350mm above existing roof line (additional information received 16/05/2012). The additional information (received 16/05/12) consists of additional technical specifications from the manufacturer regarding the proposed incinerator. The proposed incinerator will be located within the existing workshop building towards the southern side of the application site. 51

4 Dimensions Incinerator unit (combustion chamber) within the workshop building: Width:1.4m Depth: 1.48m Height (up to base of chimney) 2.16m Chimney flue: Height: 650mm above ridge line of existing workshop building (4.86m above ground level). Width: 25cm Depth: 25cm The incinerator is proposed for the burning of untreated timber waste resulting from the manufacture of garden buildings on the application site. In effect it is a large wood burner. The application states the waste is currently being placed in skips for removal. The provision of an incinerator on the site will negate the need for the transportation of the waste for disposal off site. The application also states that the installation of an incinerator will also allow Challenge Fencing to decrease its current reliance on non-renewable energy by providing heating for the factory space in cold weather. The chimney flue is to be fitted with a meshed spark arrester. This is designed to catch and stop any light material that is carried up in the exhaust air stream from passing out of the chimney flue. Relevant planning history. 10/P/ Change of use from residential (class C3) to office use (class B1) (retrospective application). Refused. Allowed at appeal. Consultations. Environment Agency: Detailed comments not provided as the application is deemed to have a low environmental risk. It is noted that a separate consent, permit or licence may be required from the Environment Agency in addition to any planning consent. Ripley Parish Council: No objection providing the emissions comply with environmental standards and that the views of those living in close proximity to the site are given due weight. Head of Environmental Health and Licensing: No objection subject to a condition requiring the applicant to apply for chimney height approval under the remit of s.14 of the Clean Air Act 1993 prior to the operation of the proposed plant. Details of any plans / procedures specific to the installation and use to minimise particulate, should also be provided for approval. The Environmental Health Officer (EHO) has advised that the chimney height approval is, as far as possible, to ensure adequate dispersal of emissions, similar to a domestic chimney. There should be no noise issues. There are no air quality issues in the area and the use of the furnace (subject to the above requirement) should have minimal impact. If the application was for the next size down of incinerator, there would not be any need to apply for chimney height approval. 52

5 Third party comments: 19 letters of representation have been received raising the following objections and concerns: concerns regarding fumes and impact on health, in particular children and others with allergies. potential danger from noxious / dangerous fumes from chemically coated wood. The nature of Titan Sheds is to install new and remove old sheds which would have a treatment of creosote or weatherproof paint with asphalt roofs. This means the fumes produced would always have a toxic element to them. (Officer note: The application states the proposed incinerator is to be used for the burning of untreated timber waste only. A condition has been attached to ensure this is the case.) noise impact. extra traffic and nuisance from extra vehicles bringing waste to the incinerator. Traffic problems on this bend of the Portsmouth Road are very hazardous. Will other branches of this business be bringing additional timber for burning? (Officer note: A condition could be attached to ensure that only untreated timber generated from the application site is burnt in the proposed incinerator and that no waste is imported for disposal) fear the proposed incinerator could be abused. If the business already has one on another site why cannot this be utilised. impact on Elmbank in terms of additional noise and smoke, the proposed incinerator will be 2 metres from the boundary. questions regarding the hours of day the incinerator will operate. will the use of the incinerator be prohibited at the weekends? (Officer note: The applicant has confirmed that the factory hours are 7am to 5pm (Mon-Fri) and the incinerator may operate during those hours on any working day, but not constantly, and not at weekends, when the factory is closed.) how will the usage of the incinerator be monitored? Concerns re owner self-regulation and combustion of alternative materials. (Officer note: This would be controlled by the recommended conditions and separate environmental health legislation.) the area is residential and the incinerator will back onto private gardens and houses there have been several infringements by Titan Sheds in the past. impact on the Green Belt Planning policies. National documents: National Planning Policy Framework Achieving sustainable development - Core planning principles Chapter 11 - Conserving and enhancing the natural environment Guildford Borough Local Plan 2003 (as saved by CLG Direction 24 September 2007): RE2 Development Within the Green Belt G1 General Standards of Development G5 Design Code G1(3) Protection of amenities enjoyed by occup 53

6 Planning considerations. The main planning considerations in this case are: principle of development the impact on neighbouring amenity the impact on the character of the site and surrounding area the impact on the Green Belt highways considerations Principle of development The proposed incinerator would be located within an existing industrial workshop building and would serve an established use. As such, the proposal is acceptable in principle providing there is no adverse impact on the character of the surroundings or on the Green Belt, in accordance with policies G5 and RE2 of the saved Local Plan. It must also be ensured that the proposal will not result in an adverse impact on neighbouring amenity in terms of noise, pollution, dust and smell, in accordance with policy G1(3) of the saved Local Plan. The requirements of the NPPF are also relevant. Paragraph 17 of the NPPF states that planning should always seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings. Paragraph 120 of the NPPF states to prevent unacceptable risks from pollution and land instability, planning policies and decisions should ensure that new development is appropriate for its location. The effects (including cumulative effects) of pollution on health, the natural environment or general amenity, and the potential sensitivity of the area or proposed development to adverse effects from pollution, should be taken into account. Impact on neighbouring amenity The application site is surrounded by residential properties on Portsmouth Road and Grove Heath North, several of which adjoin the site boundary. Several neighbouring residents have raised concerns regarding the impact of the proposal on their amenity in terms of pollution, noise and smell from the incinerator itself and a potential increase in traffic movements. The applicant has confirmed that the incinerator will only be used for burning untreated timber waste generated from the application site. A condition is recommended to ensure this is the case. As such, the proposal would not result in an increase in the number of vehicle movements to or from the site. Furthermore, the proposal will reduce the amount of waste that has to be exported from the site, therefore reducing the number of vehicle movements. With regard to the proposed incinerator, the type of incinerator proposed burns less than 50kg of product per hour and is therefore classified as a 'Non-technical incinerator' which is exempt under the 'Pollution Prevention and Control' regulations. The Environmental Health Officer has confirmed there is no objection to the proposal subject to the applicant obtaining 'chimney height approval'. This is to ensure the adequate dispersal of emissions, similar to a domestic chimney. Subject to this requirement, the EHO has advised that the proposed development will have minimal impact on the surrounding air quality. On the basis of the type of incinerator proposed and the technical specifications submitted, the EHO has no concerns regarding noise emanating from the proposed unit. 54

7 It is also important to note that the emissions from the plant would also be controlled under separate pollution legislation. The statutory nuisance provisions of the Environmental Protection Act 1990 with regard to 'smoke and odour from a premises being prejudicial to health or a nuisance' would remain as with any other commercial or business premises. The proposed chimney flue would be located at least 8 metres away from the boundary of the site with neighbouring property Elmbank to the south. The proposed chimney flue would measure to maximum height of 4.8m, projecting above the ridge of the workshop building by only 650mm. As such, it is concluded that the proposal would not have an adverse overbearing impact on the occupants of Elmbank. It is therefore concluded that subject to the recommended conditions, the proposal would not have a detrimental impact on neighbouring amenity in terms of noise, pollution or smells. Impact on the character of the site and surroundings The incinerator itself would be located inside the workshop building and therefore not visible from outside. As mentioned above, the proposed chimney flue would project above the ridge of the existing workshop by only 650mm. The width of the chimney flue would be 250mm. In addition, the chimney flue would be set back from the road frontage and read against the existing buildings. As such, the proposal would not have an adverse impact on the character of the site or the character and visual amenity of the surroundings. Impact on the Green Belt Again, as mentioned above, the main element of the proposed incinerator will be located within the building. Due to the modest scale and discreet location of the proposed chimney flue, together with its minimal projection above the existing ridgeline of the existing industrial buildings, there would be no adverse impact on the openness or visual amenity of the Green Belt. Highways considerations As noted above, the proposed incinerator would be used for the disposal of waste generated on the application site and not for imported waste. This can be controlled by condition. As a result, the proposal will result in a reduction of vehicle movements to and from the site and waste will no longer have to be transported away from the site for disposal. As such, there are no concerns in terms of the impact of the proposal on highway safety. RECOMMENDATION: Approve subject to the following condition(s) and reason(s) :- 1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: To comply with Section 91(1) of the Town and Country Planning Act 1990 as amended by Section 51 (1) of the Planning and Compulsory Purchase Act

8 2. The operation of the plant shall not commence until an application for chimney height approval required under the remit of s.14 of the Clean Air Act 1993 has been submitted to and approved in writing by the Local Planning Authority. Details of any plans and/or procedures specific to the installation and or / use of the proposed plant with respect to minimising emissions of particulate matter, shall also be submitted to and approved in writing by the Local Planning Authority. The plant shall then only be operated and maintained in accordance with the approved details. Reason: To safeguard the residential amenities of neighbouring properties. In accordance with the following policy number(s), G1(3) of the Guildford Borough Local Plan 2003 (As saved by CLG Direction on 24/09/07). 3. The waste incinerator hereby approved shall be used for the disposal of untreated timber generated from manufacturing activities carried out on the application site and for no other purpose. Reason: To safeguard the residential amenities of neighbouring properties. In accordance with the following policy number(s), G1(3) of the Guildford Borough Local Plan 2003 (As saved by CLG Direction on 24/09/07). 4. The incinerator hereby permitted shall not operate other than between the hours of 7am and 5pm Mondays to Fridays (inclusive) and shall not operate at weekends or Bank or National Holidays. Reason: To safeguard the residential amenities of neighbouring properties. In accordance with the following policy number(s), G1(3) of the Guildford Borough Local Plan 2003 (as saved by CLG Direction 24/09/07). 5. This decision relates expressly to drawing(s) 1201,01, 1201/02 and 1201/03 and additional information received on 2 April 2012 and additional information received 16 May 2012 and 5 July Reason: To ensure that the development is carried out in accordance with the approved plans, and in accordance with policy G1 of the Guildford Borough Local Plan 2003 (as saved by CLG Direction dated 24/9/07). 56

9 Reason for decision: The development hereby approved has been assessed against Guildford Borough Local Plan 2003 (as saved by CLG Direction on 24 September 2007) and been found by the Planning Committee to be in compliance with its policies. In particular, it was determined that the proposals comply with policy G1, which relates to the general standards of development, including policy G1(3) relating to the protection of amenities enjoyed by the occupants of neighbouring properties; policy G5 which provides a design code and policy RE2 which relates to new development within the Green Belt. The policy requirements contained in the NPPF is also relevant. It has been concluded that the proposed incinerator will not adversely affect the character of the area or the existing building. Furthermore, subject to a condition controlling the hours of operation and to ensure the facility is used for untreated timber waste generated by activities on the application site only, there will be no detrimental impact on the amenities of neighbouring buildings. In addition, there will be no adverse impact on the openness or visual amenity of the Green Belt. Accordingly, it is held that the development would be consistent with policies G1 and G5 of the saved local plan and policy contained in the NPPF. Other material considerations, including all third party representations, have been considered. It has been concluded that the proposed development, subject to the conditions imposed, would accord with the development plan and there are no other material considerations to justify a reason for refusal. 57