DONCASTER METROPOLITAN BOROUGH COUNCIL. PLANNING COMMITTEE 3 rd May Expiry Date:

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1 DONCASTER METROPOLITAN BOROUGH COUNCIL PLANNING COMMITTEE 3 rd May 2016 Application 7 Application Number: 16/00741/FUL Application Expiry Date: 3 rd May 2016 Application Type: Full application Proposal Description: At: For: Erection of two storey office accommodation to provide new headquarters for Attero Recycling Ltd Bankwood Lane, Rossington, Doncaster, DN11 0PS Attero Recycling Ltd - FAO Mr D Colakovic Third Party Reps: 3 objections Parish: Rossington Ward: Rossington And Bawtry Author of Report MAIN RECOMMENDATION: Dave Richards GRANT Planning Permission subject to conditions

2 1.0 Reason for Report 1.1 This application is being presented to Members at the request of Cllr Rachael Blake. 2.0 Proposal and Background 2.1 The application seeks planning permission for the erection of an office building to provide new headquarters for Attero Recycling Ltd. 2.2 The development consists of a two storey office block, associated parking and boundary fencing to the site Attero Recycling Ltd currently operates a waste processing facility at the end of Bankwood Lane on the Bankwood Industrial Estate. The existing office accommodation is provided within a number of temporary cabins within the site; the proposal would provide dedicated office facilities for the company a short distance from the operational compound. 3.0 Relevant Planning History 3.1 The recent planning history allowed a portion of the site as a vehicle dismantling premises. It is understood this use is soon to cease. 3.2 The use of the office would be linked to the operational compound of the Attero waste transfer station located approximately 100m to the north. The station receives waste material by lorry for sorting into different categories of material for recycling. The sorted materials are then removed from site and any residual unsuitable materials are disposed via a licensed tip. 3.3 Members will note in Section that there have been representations made by local Ward Members as well as the Parish Council in relation to a number of alleged enforcement based complaints surrounding amenity issues within the Bankwood Industrial Estate. 3.4 On 10 th March 2016 Doncaster Council served a Breach of Condition Notice (BCN) on the Applicant in relation to the alleged breach of Condition 11 of Planning Permission 97/69/3510/P/FUL. This condition refers to the hours of operation being limited to specific periods. Under the terms of the BCN, the Applicant is required to comply with the stated condition and the agreed hours of operation within 28 days of the Notice being served. Failure to comply with the BCN would put the Applicant at risk of prosecution. 3.5 It is acknowledged that the current proposal is linked to the overall site by virtue of being the same applicant, however each application should be judged on its own merits without prejudice and the planning issues within this report relate to how this specific proposal would affect the locality. 4.0 Representations 4.1 In accordance with the Planning Practice Guidance, statutory and local publicity stakeholders have been consulted and their comments are documented on Doncaster s Public Access website. The application was advertised by means of written notification to adjacent neighbours as well as displaying a public notice near the application site.

3 4.2 A number of representations have been received from local councillors including Cllrs Clive Stone, John Cooke and Rachael Blake. The following concerns have been raised: Increase lorry movements as a result of this development and due to the expansion of this site Increased air and noise pollution as a result of lorry movements The potential for increased surface water and the impact on drainage The visual impacts that this new building will create for nearby residents Vehicles are visiting the site outside their permitted hours The traffic and uses associated with the business causes a loss of amenity due to noise, dust and smells. The expansion of this business should not be supported Concerns with unauthorised activities 4.3 The Parish Council have opposed the application on the following grounds: Continual breaches in operational hours Continual breaches in the movement of wagons outside current operational hours Environmental impact of current site and wagons travelling through the village giving off statutory nuisance from foul odour, dust, litter and noise General pollution from the site including litter in hedgerows Damage to existing hedgerows and fencing Access to other road users on Bankwood lane Impact on the health and wellbeing of residents in Rossington in particular the Bankwood Lane, Bankwood Crescent, West End Lane, Station Road and Sheep Bridge Lane areas. Vehicle movement through the village The FARRRS link road is not designed for HGV traffic. 4.4 No representations have been received from other members of the public. 5.0 Relevant Consultations 5.1 Highway Officer It is stated within the Design and Access Statement accompanying this application that the proposed office is to allow the freeing up of space within the existing operational site for this company based at the base of Bankwood Lane. Therefore, it is assumed that the office staff numbers would remain the same and the existing staff would be transferred to the new office building. The level of parking provided is sufficient for the number of staff and whilst tandem parking (spaces numbered 9 to 14) are not usually practicable, in this situation when the staff arrive and leave at the same time it is not considered to be a problem. Whilst I am aware of the issues relating to the non-compliance of certain conditions for the existing Attero site, I am advised that these are currently being investigated. I also note the representations with regards to the HGV vehicle movements. This current proposal will not result in an increase in the movement of these vehicles and similarly, the staff car numbers will remain the same. Therefore, I have no wish to raise any objections to this application from a highway point of view.

4 5.2 Pollution Control Officer The application site is adjacent to a landfill that is known to be producing landfill gas, or has the potential to produce landfill gas and therefore the risk of landfill gas migration shall be fully investigated prior to the commencement of development on site. 5.3 Drainage Officer No objections subject to condition. 5.4 Severn Trent Water I confirm that Severn Trent Water Ltd has no objection to the proposal subject to the inclusion of a condition. 6.0 Relevant Policy and Strategic Context 6.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires proposals to be determined in accordance with the Development Plan unless material considerations indicate otherwise. 6.2 In the case of this application, the Development Plan consists of the Doncaster Core Strategy and Unitary Development Plan. The most relevant policies are Policies CS1, CS4, CS5, CS14 and CS18 of the Core Strategy and Policy EMP6 of the UDP. These policies promote employment related uses in sustainable locations subject to considerations of design, drainage, pollution control and local amenity. 6.3 Other material considerations include the National Planning Policy Framework (NPPF) and the subsequent planning guidance; as well as the Council s supplementary planning guidance. 7.0 Planning Issues and Discussion 7.1 The main planning issues relevant to this proposal are whether the development would have a negative impact upon the character of the area, local amenity, highway safety, local drainage capacity or any risks identified as a result of land contamination. Principle of Development 7.1 The proposal promotes an employment use within an employment site and is acceptable in principle under Policy EMP6 of the UDP. Character and Appearance of the Area 7.2 Policy CS14 of the Doncaster Core Strategy requires proposals to be of a high quality of design that contributes to local distinctiveness, responds positively to site features, and integrates well with the immediate and surrounding local area. 7.3 The existing site is laid to general industrial storage and car dismantling, as are other sites locally. The general air is of unkempt wasteland or amenity space and is a particularly poor aesthetic environment. 7.4 The proposal would hard landscape the site to provide parking and the office building. The office building would be well designed with an interesting palette of materials and the

5 site suitably landscaped. It is considered that the redevelopment of the site for an office use as proposed would enhance the appearance of the site and locally within the industrial estate. 7.5 The application would therefore comply with Policies CS1 and CS14 of the Core Strategy which seek to provide good quality development which protects or enhances local character. Local Amenity and Highway Safety 7.6 Policy CS14 of the Core Strategy seeks to ensure that development does not have an unacceptable effect on the amenity of occupiers of nearby properties or give rise to a danger to highway safety. There are concerns that the visual impact of the proposed building would harm the amenity of local residents and the traffic associated with an office use would affect the local highway network. 7.7 The building would be located at least 300m from any nearby residential properties and would not be visible from these properties. Furthermore, there would be no unreasonable levels of noise or disturbance resulting from the use as an office, or workers arriving or leaving the office during normal working hours. External lighting is proposed to be located only where necessary and directed within the site. Any pedestrian intraday movements between the office and the operational compound are constrained to the northern most part of Bankwood Lane. Visually, the site would not appear incongruent to the other industrial uses locally. 7.8 With regard to highway safety, there would be no requirement for HGVs or deliveries to access services at the office building nor would the proposal materially increase the amount of traffic visiting this part of the industrial estate. Ten parking spaces would provide sufficient space for staff members and visitors. The Highway Officer has reviewed the application and no objections have been raised from a highway point of view. 7.9 The application therefore accords with Policy CS14 of the Core Strategy which recognises that a component of good design is to ensure that local amenity and highway safety is not affected. Drainage 7.10 Policy CS4 of the Core Strategy requires a proactive approach towards the management of flood risk and drainage. The application site is within Flood Zone 1 according to the Environment Agency s flood maps, indicating a low risk of river or sea flooding. However, concerns have been raised that the development would increase surface water and cause issues with drainage The existing site is generally laid to gravel and a good amount of impermeable concrete hard standing. The proposed layout will result in most of the site remaining under impermeable hard standing, with the resultant run-off being discharged to existing soakaways. The use of soakaways of appropriate design and capacity would ensure that surface water run-off from the development is contained within the site The Drainage Officer has reviewed the application and has no objection, provided further technical details are secured by planning condition. Severn Trent, as the Water Authority, has been consulted with no objections raised. As such, the development would effectively manage drainage within the site in accordance with Policy CS4 of the Core Strategy.

6 Land Contamination 7.13 Policies CS1 and CS18 of the Core Strategy requires proposals to prevent, control and reduce any identified risks as a result of land contamination The application is accompanied by a geo-environmental desk study which identifies the relevant risks inherent in the previous and existing land uses nearby and recommends that further investigation is undertaken in consultation with the Council s Pollution Control team. The Pollution Control Officer agrees with this approach and has recommended a suitable condition Subject to the inclusion of this condition, the development complies with Policies CS1 and CS18 of the Core Strategy. Other matters 7.16 A number of other concerns have been raised in representations including the impact of existing land uses and associated HGV lorry movements, breaches of existing planning permissions, littering, damage to hedgerows and fencing, the health and wellbeing of local residents and access to other road users. However, having regard to the above considerations, none of the concerns can be attributed to the proposed development. 8.0 Summary and Conclusions 8.1 The proposal will make a contribution towards enhancing the local built environment of the Bankwood Industrial Estate without having an adverse impact on local amenity. Under the provisions of the NPPF, the application is considered to be a sustainable form of development. 8.2 For the reasons given above, and taking all other matters into consideration, the proposal complies with the relevant plan policies and planning permission should be granted subject to necessary conditions set out below. RECOMMENDATION: Planning Permission GRANTED subject to following conditions: Conditions / Reasons 01. STAT1 The development to which this permission relates must be begun not later than the expiration of three years beginning with the date of this permission. Condition required to be imposed by Section 91(as amended) of the Town and Country Planning Act ACC1 The development hereby permitted must be carried out and completed entirely in accordance with the terms of this permission and the details shown on the approved plans and specifications. To ensure that the development is carried out in accordance with the application as approved. 03. DA01 The development hereby granted shall not be begun until details of the foul, surface water and land drainage systems and all related

7 works necessary to drain the site have been submitted to and approved by the Local Planning Authority. These works shall be carried out concurrently with the development and the drainage system shall be operating to the satisfaction of the Local Planning Authority prior to the occupation of the development. To ensure that the site is connected to suitable drainage systems and to ensure that full details thereof are approved by the Local Planning Authority before any works begin. 04. U46168 The application site is adjacent to a landfill that is known to be producing landfill gas, or has the potential to produce landfill gas and therefore the risk of landfill gas migration shall be fully investigated prior to the commencement of development on site. a) The site investigation, including relevant ground gas monitoring shall be carried out by a suitably qualified and accredited consultant/contractor in accordance with a quality assured sampling and analysis methodology and current best practice. b) A site investigation report detailing all investigative works and sampling on site, together with the results of analysis, risk assessment to any receptors and a proposed remediation strategy, including a diagram of the installation and installation method statement shall be submitted in writing and approved by the LPA prior to any remediation commencing on site. c) The approved remediation works shall be carried out in full on site under a quality assurance scheme to demonstrate compliance with the proposed methodology and best practice guidance. d) Upon completion of the works, this condition shall not be discharged until a verification report has been submitted to and approved by the LPA. The verification report shall include quality assurance certificates to show that the works have been carried out in full in accordance with the approved methodology. The site shall not be brought into use until such time as all verification data has been approved by the LPA : To secure the satisfactory development of the site in terms of human health and the wider environment and pursuant to pursuant to the National Planning Policy Framework. 05. HIGH1 Before the development is brought into use, that part of the site to be used by vehicles shall be surfaced, drained and where necessary marked out in a manner to be approved in writing by the local planning authority. To ensure adequate provision for the disposal of surface water and ensure that the use of the land will not give rise to mud hazards at entrance/exit points in the interests of public safety.

8 06. U46269 The building hereby approved shall not be occupied until any details of external lighting have been submitted to and approved in writing by the local planning authority. The external lighting shall be installed in accordance with the approved details and thereby retained as such unless a variation is subsequently submitted to and approved in writing by the local planning authority. To ensure that the proposed lighting scheme safeguards the character of the area and/or the living conditions of neighbouring residents, having regard to the effects of the proposed illumination as required by Policy CS14 of the Core Strategy. 07. U46267 The hours of operation shall be limited to 07:00-19:00 on Monday - Friday, :00 on Saturday and not at all at any other time. To ensure that the development does not prejudice the local amenity as required by Policy CS14 of the Core Strategy. Informatives 01. INF1A INFORMATIVE The proposed development lies within a coal mining area which may contain unrecorded coal mining related hazards. If any coal mining feature is encountered during development, this should be reported immediately to The Coal Authority on It should also be noted that this site may lie in an area where a current licence exists for underground coal mining. Further information is also available on The Coal Authority website at: Property specific summary information on past, current and future coal mining activity can be obtained from: This Standing Advice is valid from 1st January 2015 until 31st December U09978 INFORMATIVE The developer's attention is drawn to the information provided by the Council's Drainage Officer. The information may be found by viewing the consultation reply which is attached to the planning application on the Council's website. Please use the following link: U09979 INFORMATIVE Severn Trent Water advise that although our statutory sewer records do not show any public sewers within the area you have specified, there may be sewers that have been recently adopted under The Transfer Of Sewer Regulations Public sewers have statutory protection and may not be built close to, directly over or be diverted without consent and you are advised to contact Severn Trent Water to discuss your

9 proposals. Severn Trent will seek to assist you obtaining a solution which protects both the public sewer and the building. Justification STATEMENT OF COMPLIANCE WITH ARTICLE 35 OF THE TOWN AND COUNTRY DEVELOPMENT MANAGEMENT PROCEDURE ORDER 2010 (as amended) It has not been necessary to make contact with the applicant to request amendments to the proposal during the consideration of the application, as it was deemed acceptable. The above objections, consideration and resulting recommendation have had regard to Article 8 and Article 1 of the First Protocol of the European Convention for Human Rights Act The recommendation will not interfere with the applicant s and/or objector s right to respect for his private and family life, his home and his correspondence

10 APPENDICES - APPENDIX 1 AERIAL VIEW (Google Maps) APPENDIX 2 PROPOSED SITE LAYOUT PLAN w/ FENCING DETAILS

11 APPENDIX 3 PROPOSED ELEVATIONS and FLOOR PLANS