Planning Committee 04/11/2014 APPLICATION NO:...

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Planning Committee 04/11/2014 P/2014/0399 APPLICATION NO: P/2014/0399 LOCATION: 18 JACKSON STREET, ST HELENS MERSEYSIDE PROPOSAL: Change of use to an end of life vehicle salvage business, the storage of scrap cars, part worn tyre sales and sale of parts. WARD: Town Centre PARISH: N/A CASE OFFICER: Alan Kilroe AGENT(S) / APPLICANT(S): MR GAVIN DELANEY DEVELOPMENT PLAN ALLOCATION: National Planning Policy St Helens Local Plan Core Strategy (2012) Joint Waste Local Plan (2013) The site is unallocated on the UDP Proposals Map National Planning Policy Framework National Planning Policy for Waste CSS1 ‘Overall Spatial Strategy’ CSD1 ‘National Planning Policy Framework – Presumption in Favour of Sustainable Development. CP1 ‘Ensuring Quality Development in St Helens CP2 ‘Creating an Accessible St Helens CE1 ‘A Strong and Sustainable Economy’ CR2 ‘Waste’ WM0 ‘Presumption in Favour of Sustainable Development’ WM1 ‘Guide to Site Prioritisation’ WM2 ‘Sub-Regional Site Allocations’ WM3 ‘Allocations for District-Level Sites’ WM5 ‘Areas of Search for Additional Small-Scale Waste Management Opportunities and Re- processing Sites’ WM9 ‘Sustainable Waste Management Design and Layout of New Development’ WM10 ‘High Quality Design and Operation of Waste Management Facilities’ WM11 ‘Sustainable Waste Transport’ WM12 ‘Criteria for Waste Management Development’ WM13 ‘Planning Applications for New Waste Management Facilities on Unallocated Sites’ BACKGROUND PAPERS: Section 3 – Policy Context Section 4 – Consultations Section 5 – Representations Section 6 – Planning History REPRESENTATIONS: 27 letters of objection, 2 letters of support. RECOMMENDATION: Grant planning permission subject to the conditions in Section 9. /

Transcript of Planning Committee 04/11/2014 APPLICATION NO:...

Planning Committee 04/11/2014

P/2014/0399

APPLICATION NO: P/2014/0399 LOCATION: 18 JACKSON STREET, ST HELENS MERSEYSIDE PROPOSAL: Change of use to an end of life vehicle salvage

business, the storage of scrap cars, part worn tyre sales and sale of parts.

WARD: Town Centre PARISH: N/A CASE OFFICER: Alan Kilroe AGENT(S) / APPLICANT(S): MR GAVIN DELANEY DEVELOPMENT PLAN ALLOCATION: National Planning Policy St Helens Local Plan Core Strategy (2012) Joint Waste Local Plan (2013)

The site is unallocated on the UDP Proposals Map National Planning Policy Framework National Planning Policy for Waste CSS1 ‘Overall Spatial Strategy’ CSD1 ‘National Planning Policy Framework – Presumption in Favour of Sustainable Development. CP1 ‘Ensuring Quality Development in St Helens CP2 ‘Creating an Accessible St Helens CE1 ‘A Strong and Sustainable Economy’ CR2 ‘Waste’ WM0 ‘Presumption in Favour of Sustainable Development’ WM1 ‘Guide to Site Prioritisation’ WM2 ‘Sub-Regional Site Allocations’ WM3 ‘Allocations for District-Level Sites’ WM5 ‘Areas of Search for Additional Small-Scale Waste Management Opportunities and Re-processing Sites’ WM9 ‘Sustainable Waste Management Design and Layout of New Development’ WM10 ‘High Quality Design and Operation of Waste Management Facilities’ WM11 ‘Sustainable Waste Transport’ WM12 ‘Criteria for Waste Management Development’ WM13 ‘Planning Applications for New Waste Management Facilities on Unallocated Sites’

BACKGROUND PAPERS: Section 3 – Policy Context Section 4 – Consultations Section 5 – Representations Section 6 – Planning History

REPRESENTATIONS: 27 letters of objection, 2 letters of support. RECOMMENDATION: Grant planning permission subject to the conditions

in Section 9.

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1.0 Application Site 1.1 The application site is unallocated in the St Helens Unitary Development

Plan, but it is located within the Core Strategy’s Central Spatial Area in a mixed residential/industrial neighbourhood. The site’s northern boundary is shared with two dwellings, Atlas Salvage scrap yard and Hardshaw Brook Depot share the site’s southern and western boundaries and Jackson Street adjoins the site’s eastern boundary.

1.2 The site consists of a large building which fronts onto Jackson Street that has

a yard area to the rear. The building has a pedestrian door and a vehicular door with a roller shutter providing access into the yard, no access is taken from the street. The building and the yard sit approximately 1.5m lower than the level of the footpath on Jackson Street. The site has a vehicular access adjacent to number 16 Jackson Street and there is 1no. temporary building and 3no. storage containers to the rear of the site.

1.3 There are no records of the building having been granted planning permission

for any use, although historically it was occupied by an engineering company (D G Engineering). The lawful use of the site is therefore considered to be an unrestricted B2 (General Industrial) use.

2.0 The Application 2.1 The applicant is already carrying out the use applied for and this application is

therefore in retrospect. The use applied for is quite broad and the initial application did not provide much detail on how the use would operate, however, officers have met with the applicant who has confirmed that the application is made on the following basis:

• The use will operate between 09:00-17:30 Monday to Friday and between 09:00-16:00 on Saturdays only.

• Tyre fitting is the main part of the business, accounting for approximately 70% of employee time and turn over. A typical week would involve the fitting of approximately 120 tyres.

• The processing of End of Life Vehicles (ELVs) is a secondary part of the business accounting for the remaining 30%. A typical week would involve work being undertaken on approximately 20 ELVs.

• No more than 10 ELVs will be stored externally • ELVs will be collected by the applicant’s business one at a time and

brought to site. ELVs will be taken from the site by the applicant’s business one or two at a time. A flat bed truck will be used to move the vehicles.

• ELV stripping will only take place within the building. The parts stripped typically includes batteries, wheels, tyres, mirrors. More may be stripped depending on the age, condition and model of the car.

• Tyres will be stored in the building and containers at the rear of the site, parts will be stored within the building. Other than the 10 ELVs there will be no external storage.

• The parts stripped from the ELVs will be stored within the building and sold on ebay, a courier will collect the parts from the site.

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3.0. Policy Context 3.1 The application has been considered having regard to Article 1 of the First

Protocol of the Human Rights Act 1998, which sets out a persons rights to the peaceful enjoyment of property and Article 8 of the Convention of the same Act which sets out his/her rights in respect for private and family life and for the home. Officers consider that the proposed development would not be contrary to the provisions of the above Articles in respect of the human rights of surrounding residents/occupiers.

3.2 This application has been considered in relation to Section 17 of The Crime

and Disorder Act. The Police Crime Prevention Officer has been afforded the opportunity to comment on this scheme, but no comments have been received.

3.3 The application has been considered in accordance with the St Helens

Council’s Comprehensive Equality Policy, which seeks to prevent unlawful discrimination, promote equality of opportunity and good relations between people in a diverse community. In this case the proposed development is not anticipated to have any potential impact from an equality perspective.

3.4 The following policies are relevant to the determination of the application: National Planning Policy Framework (NPPF) 3.5 The Framework states that there is a presumption in favour of sustainable

development which should be seen as a golden thread running through plan making and decision taking. For decision taking, this means that developments which accord with the development plan should be approved without delay unless material considerations indicate otherwise.

National Planning Policy for Waste 3.6 The National Planning Policy for Waste (NPPW) sets out detailed waste

planning policies, which should be read in conjunction with the NPPF, regard should be had to the NPPW when drawing up plans or determining planning applications.

3.7 The NPPW states that Waste Planning Authorities should; only expect

applicants to demonstrate need when the development is not in accordance with an up to date Local Plan, expect applicants to demonstrate that developments do not undermine the objectives of the Local Plan through prejudicing the movement up the waste hierarchy, consider the likely impact on the local environment and amenity, ensure that facilities are well designed, no concern themselves with the control of processes that are a matter for pollution control.

Development Plan 3.8 The adopted development plan for St Helens consists of the St Helens Local

Plan Core Strategy (Core Strategy) (adopted 2012); saved policies in the St Helens Unitary Development Plan (UDP) (adopted 1998); and the Joint Merseyside and Halton Waste Local Plan (Waste Plan) (adopted 2013).

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St Helens Local Plan Core Strategy 3.9 The following policies are relevant:

• CSS1 ‘Overall Spatial Strategy’ • CSD1 ‘National Planning Policy Framework – Presumption in Favour of

Sustainable Development. • CP1 ‘Ensuring Quality Development in St Helens • CP2 ‘Creating an Accessible St Helens • CE1 ‘A Strong and Sustainable Economy’ • CR2 ‘Waste’

Joint Waste Local Plan (2013)

3.10 The following policies are relevant:

• WM0 ‘Presumption in Favour of Sustainable Development’ • WM1 ‘Guide to Site Prioritisation’ • WM2 ‘Sub-Regional Site Allocations’ • WM3 ‘Allocations for District-Level Sites’ • WM5 ‘Areas of Search for Additional Small-Scale Waste Management

Opportunities and Re-processing Sites’ • WM9 ‘Sustainable Waste Management Design and Layout of New

Development’ • WM10 ‘High Quality Design and Operation of Waste Management

Facilities’ • WM11 ‘Sustainable Waste Transport’ • WM12 ‘Criteria for Waste Management Development’ • WM13 ‘Planning Applications for New Waste Management Facilities on

Unallocated Sites’ 4.0. Consultations 4.1 Environmental Health (Contaminated Land): The site is situated on a former

chemical works and therefore a condition to prevent pathways being created to enable contamination to migrate off site should be imposed.

4.2 Highways: No objections 4.3 Merseyside Environmental Advisory Service: Consider that the site scoring

selection under Table 5.1 of the Waste Plan is broadly correct. 4.4 Environmental Health (Noise): No objections subject to conditions relating to

hours of operation and implementation of mitigation measures contained in the submitted noise assessment.

5.0 Representations 5.1 The application was publicised by way of individual neighbour letters posted

on 14th May and a site notice displayed on 12th June. Twenty seven letters of objection were received raising the following objections:

• The amount of traffic along Sorogold Street is terrible and this application will only make it worse.

• There are two bus stops outside the building and if a bus is stopped and cars are parked on the other side of the road there is gridlock.

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The access into the site is only 4m wide so two vans can not pass each other causing chaos on Jackson St.

• One scrap yard in this area is enough. • There is no customer parking within the site which causes people to

park on street. • The applicant sells cars on Jackson Street • Concerns that the applicant has been able to trade without planning

permission • The business has been trading late into the evening and smoke from

the site comes into my house • The scrap yard would not add any benefits to the community, the

established scrap yard can surely cater for the area • A more suitable site could be found • A residential friendly use could be found for the site • The storage of part worn tyres is a fire hazard • Concerns over smoke being generated from tyre burning • Why create another eyesore when we’ve just got rid of the gasometer • The proposed scrap yard is an ideal opportunity for an opportunist

thief or vandal and there is the possibility of fire • All of the pollution from cars, vans etc is harming the environment • Since the applicant started operating there has been a massive

increase in the number of people parking along Jackson Street. • The applicant has not demonstrated compliance with Policy WM5 of

the Waste Plan which requires proposals to first consider allocated sites, then sites in the identified areas of search and only then should unallocated sites be considered.

• The applicant has not demonstrated compliance with Policy WM10 of the Waste Plan which requires that the design and environmental performance of buildings to not adversely impact on the locality and achieve the best performance. The building is not of sufficient quality to avoid an adverse impact on the locality.

• The proposal does not comply with Policy WM11 of the Waste Plan and the Council can not consider the proposal positively

• The application does not comply with Policy WM12 of the Waste Plan because it does not include a ‘Box 1’ Assessment of the short, medium, long-term and cumulative impacts on neighbours and the surrounding environment.

• The application fails to comply with Policy CR2 in the Core Strategy and the details attached to the application are so deficient that the Council can not consider the proposal in its current form

• Whilst the lawful use of the building and site for commercial purposes is a material consideration, proposals that involve the change of use of a building must meet with the Council’s current highway and parking standards if permission is to be granted.

• The width of the access and visibility are substandard and can provide a danger to pedestrians and vehicular traffic.

• Parking and servicing at the rear of the site appear to be insufficient and a segregated turning space should be provided.

• The change of use will result in a facility that is open to members of the public and the Council have no way of knowing the number of visits to be made. The development will undoubtedly have adverse impacts on highway and pedestrian safety.

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5.2 Two letters of support were also received, they raised the following matters:

• Born and raised in Jackson Street and have worked opposite 18 Jackson Street since 1990. There have been no significant problems since Mr Delaney moved into the premises.

• As a resident of Jackson Street who also works on Jackson Street, support the proposals. Numerous improvements have been made to the site in the last year or so and it is now much cleaner, safer and secure than it has been for many years.

6.0. Planning History 6.1 P/2013/0183 - Change of use to car breakers/End of life vehicles (ELV) site,

to include sale of car parts/tyres (open to public) – Withdrawn 3rd May 2013. 7.0. Assessment Development on Employment Land 7.1 The application proposes a mixed-use scheme which comprises the

dismantling of vehicles, tyre fitting and the sale of the recovered parts over the Internet. Although this does not fall into one of the established use classes, the use is of an industrial nature. The processes on site are described at Paragraph 2.1 and are closely intertwined and complimentary because the majority of tyres fitted are sourced from the ELVs dismantled on the site.

7.2 The site has an established B2 use and therefore Policy CE1(3) and the Local

Economy SDP are relevant to the determination of this application. Policy CE1(3) is in two parts; CE1 (3A) supports the reuse, reconfiguration or redevelopment of sites and premises last used for B1, B2 or B8 premises where they have suitable road access and an acceptable impact on neighbouring land uses; CE1(3B) requires applicants to consider the sites suitability for other employment generating uses before non employment generating uses where it is demonstrated that land or premises is no longer suitable or economically viable for a B1, B2 or B8 use. The SPD makes it clear that the principles in Policy CE1(3) also extend to sui generis uses that have similar characteristics to B2 and B8 uses such as builders yards, a bus depot, scrap yards and waste transfer.

7.3 The impacts of the development on residential amenity and highway safety

are addressed at Paragraphs 7.4 and 7.14 of this report, but in broad terms it is considered that the development is compliant with Policy CE1 because it proposes the reuse of a B2 site by a sui generis use of similar characteristics.

Residential Amenity 7.4 The site is close to residential properties to the north of the site on McCulloch

Street and Jackson Street. Residents of these and other nearby properties have written in to object because they say that the use harms their amenity through noise, poor outlook and smoke generated by activities undertaken on the site.

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7.5 Policy CP1 in the Core Strategy requires new developments to be sympathetic to surrounding land uses and occupiers, avoiding detrimental impact on the amenities of the local area, in particular residential amenities.

7.6 The application site has a lawful, unrestricted, B2 use, which means that a

general industrial use (such as a car repair garage or an MOT testing station) could use the premises without the need for planning permission. There would be no restrictions on the hours of operation or how the yard area is used.

7.7 The proposal has similar characteristics to these B2 uses and if Members are

minded to grant this application it would be possible to control how the use is operated via planning conditions. This is an important material consideration when assessing this application. Specific impacts and possible ways of mitigating them are identified in the following paragraphs.

7.8 The main noise sources that are generated from the use are from people

visiting the premises via motor vehicle and manoeuvring in the yard, the breaking of cars (which includes the use of impact guns, air suction equipment, hammering and the use of cutting equipment) and the removal and fitting of part worn tyres.

7.9 Traffic generated by the use is broadly similar to the traffic that would be

generated by an MOT testing station or car repair garage which could lawfully operate from the site. Therefore it is not considered that any noise and disturbance caused by vehicle movements would cause sufficient harm to warrant refusal of the application. The site was previously used by an engineering company, which would have been HGV intensive and traffic associated with the use was likely to generate significantly more noise and disturbance than the use applied for.

7.10 The application proposes that all breaking and tyre fitting is undertaken within

the building with the roller shutter door closed to minimise noise breakout. The applicant has confirmed that the use will only operate between 09:00 – 17:30 weekdays and 09:00-16:00 on Saturdays. Environmental Heath has reviewed a noise assessment submitted with the application and are content that provided that the business is operated in the manner outlined above it is unlikely to generate noise complaints from local residents. It is important to note that the building and yard could be used by a B2 use without any restriction on the hours of operation. The proposals are therefore considered to be an improvement on the site’s fall back position.

7.11 If permission is granted, conditions can be used to ensure that the yard will

only be used for customer parking, staff parking and the storage of 10 ELVs all in designated bays. Part worn tyres and salvaged parts will be stored inside the building and tyres for disposal will be stored in the small storage building in the south west corner of the site. It is considered that these controls will ensure that the visual amenity of nearby occupants is not harmed.

7.12 The National Planning Policy Framework and National Planning Practice

Guidance are clear that planning and planning conditions should not be used to control matters that are subject to control elsewhere. Representations have been received alleging that the applicant has burnt tyres and other waste on the site. The burning of waste on commercial sites is covered by the Clean Air

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Act 1993 and the Environmental Protection Act 1990 and therefore a condition restricting the burning of waste on the site would not be appropriate.

7.13 In summary, the proposed development would have similar characteristics to

a B2 use which could lawfully be operated from the site without restrictions. This application allows controls to be put in place to concentrate the use inside the building and minimise the use of the external yard area. Environmental Health are satisfied that subject to conditions, the development would not affect the amenity of nearby residents and the proposal is considered to comply with Policy CP1.

Highways Safety and Traspont 7.14 Policy CP2 in the Core Strategy requires new developments to provide safe

and adequate vehicular access to and from sites and provide adequate off street parking and circulation. Concerns have been raised that the access is insufficient to cater for the use and that vehicles associated with the use cause traffic problems in the local area.

7.15 As explained in the above paragraphs the site has a lawful B2 use, which

represents a realistic fall back position. The level of vehicular activity associated with the proposed use is relatively low compared to some B2 uses and broadly comparable to other, similar, B2 uses. Having regard to the fall back position, it is considered that the access and the level of traffic associated with the use would not warrant refusal of this application on highways grounds. Parking and servicing can be provided at a level that accords with the requirements of the Ensuring a Choice of Travel Supplementary Planning Document and the proposal complies with the requirements of Policy CP2.

7.16 A number of representations have been received alleging that there is no

customer parking within the site which results in people parking on Jackson Street. This may have been the case when the use started operating when the yard was full of ELVs, but the applicant has since tidied the yard and parking has been provided (see Section 10).

7.17 Policy WM11 in the Waste Local Plan addresses the transportation of waste.

The policy requires new developments to use alternatives to road transport when moving waste, ensure alternative means of travel for employees, reduce the impact of transport on climate change, and mitigate the effects of road transport on amenity.

7.18 The proposed waste use is small scale and it is not realistic to expect the

applicant to use alternative modes of transport for transporting waste or reduce the impact of transport on climate change. The site is located in a sustainable location, close to a major bus route and officers consider that it would be realistic to expect employees to travel by bus or walk to work. As discussed at paragraph 7.9 of this report, officers do not consider that it is necessary to mitigate the effects of road transport on amenity. The proposal is therefore considered to be in broad compliance with Policy WM11.

Principle of a Waste Use 7.19 The application proposes a mixed use of which approximately 30% relates to

waste; this means that the proposals should be considered against the NPPW

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and the policies of the Waste Local Plan. However, because a significant part of the proposal is not a waste use this should be reflected in the weight given to the Waste Local Plan.

7.20 The NPPW seeks to ensure that new developments do not undermine waste

policy by prejudicing the movement of waste up through the Waste Hierarchy. The proposed development salvages and prepares waste car parts such as tyres, batteries, mirrors and wheels for re-use. Preparing waste for re-use is on the second tier of the Waste Hierarchy and therefore it is considered that the development assists in the movement of waste up the hierarchy.

7.21 Policy WM13 in the Waste Local Plan states that planning permission will only

be granted for applications for waste uses on unallocated sites if four criteria are met: (i) that a suitable allocated site is not available of suitable for the proposed use, (ii) that the proposed site has been assessed against the criteria for built facilities used in the site selection process shown in table 5.1, (iii) the site will be sustainable in terms of its social, economic and environmental impacts and this has been demonstrated through Sustainability Appraisal and Habitats Regulations Assessment at the project level, (iv) the proposal complies with the vision and spatial strategy for the Waste Local Plan and satisfies criteria in Policies WM1 and WM12.

7.22 In St Helens, the Waste Local Plan allocates one sub regional site under

Policy WM2 and one district level site under policy WM3. The sub regional site is the former Transco site on Pocket Nook Street that is owned and part occupied by Biffa. The site is currently operated as a Materials Recovery Facility with a vehicular depot and is not available to the applicant. The allocated district level site is in the Abbotsfield Industrial Estate, it is a 1.3ha site which does not have a building, areas of hardstanding or services. The applicant argues that it would not be realistic or viable to bring this site forward for the use applied for and it is considered that this is a reasonable assessment of the site’s potential to accommodate this use. The applicant has demonstrated that an allocated site is not available and the first criteria of WM13 is satisfied.

7.23 Table 5.1 in the Waste Local Plan is a means of assessing the suitability of a

site for a waste use. The table has a series of criteria such as how close the site is to a residential area, whether the site is brownfield land, how close the site is to a major road junction etc. Each criteria is scored positively or negatively and once a site has been scored against all of the criteria it will give an overall score. The overall score can be compared against the allocated sites and existing sites and this gives a broad indication to its suitability for a waste use.

7.24 The applicant has completed a Table 5.1 assessment that gives the site a

score of 37, this is considered to be a fair assessment of the site (the adjacent Atlas Salvage site scored 38 when the Waste Plan was being prepared). This site compares favourably to the allocated Abbotsfield Road site which was scored -8 when the plan was being prepared and the proposal is therefore considered to comply with the second criteria of WM13.

7.25 The applicant has not submitted a Sustainability Appraisal (SA) or Habitats

Regulations Assessment (HRA) as required by Policy WM13. Both SA and HRA are high-level assessments of proposals which are typically undertaken when preparing a development plan rather than when assessing a small scale

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individual planning application. It would place a large burden on the applicant to prepare these assessments which is considered to be disproportionate to the scale impacts of the proposed use. An SA or HRA are not considered to be necessary to assess the impacts of the proposed development in this case.

7.26 If it is demonstrated that the allocated sites are unavailable or not suitable,

Policy WM1 requires applicants to determine whether there are any suitable sites in an area of search, the Abbotsfield Industrial Estate. The Economic Development Team identified two vacant sites on the estate in Unit 14 which are available to let. The applicant has enquired about the units, but has been told that the owner of the units is not prepared to lease them to the motor trade because they perceive that there would be high clean up costs once the use has ceased. It is accepted that the Abbotsfield Industrial Estate is not available to the applicant and that Policy WM1 is satisfied.

7.27 Policy WM12 requires applicants to submit an assessment of the impacts of

the development on its surrounding area including; (i) the social, economic and environmental impacts on the area, (ii) amenity impacts, (iii) traffic impacts, (iv) heritage and nature conservation impacts and (v) overall sustainability of the proposals (including carbon and energy management performance). The policy directs the applicant to provide certain information to enable an assessment of the proposals to be undertaken. The applicant has submitted a statement that includes some of the information required but some information is missing or lacking. Notwithstanding this it is considered that there is sufficient information to enable an assessment of the proposals to be undertaken.

7.28 The development has brought a vacant unit back into use and has created 4

full time and 2 part time jobs, the development has a positive economic benefit on the local area. The operation of a site for the processing of ELVs requires an environmental permit from the Environment Agency, which will include stringent criteria to ensure that the use does not have a harmful environmental impact. It is considered that the use has a neutral social impact, creating neither harmful or beneficial effects.

7.29 As discussed in paragraphs 7.4 to 7.18 of this report, the development can be

controlled through conditions so that it does not have a detrimental impact on amenity or highway safety.

7.30 The proposed use is small scale and uses a previously developed site with no

particular merit as a heritage or nature conservation asset. It is considered that the development has a neutral impact in respect of both.

7.31 Policy WM10 overlaps with criteria (v) of WM12. It requires all proposals for

waste management facilities to ensure that the proposed design and environmental performance does not adversely impact on the locality and achieves the best performance possible. This should be demonstrated that the building can achieve a ‘very good’ BREEAM rating, has a high quality design and avoids unacceptable impacts on amenity. As the development involves the change of use of an existing building, it is not considered necessary or proportionate for the applicant to demonstrate compliance with BREEAM ‘very good’. The application proposes no changes to the building’s fabric and as discussed earlier in this report, officers consider that the

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development would not cause harm to amenity. The proposed development is therefore considered to be broadly compliant with Policy WM10.

7.32 In summary, the proposed development is considered to be in broad

compliance with Policy WM12 and therefore in broad compliance with Policy WM13 of the Waste Local Plan.

7.33 Although the proposed development does not strictly adhere to the

requirements of the Waste Local Plan, it does broadly comply with the relevant policies. As identified at paragraph 7.16 of this report, the nature of this particular use means that the weight to be given to the Waste Local Plan Policies should be reduced and officers consider that a broad compliance is acceptable.

Other Matters 7.34 The fact that the applicant is already carrying out the use is not material to the

consideration of this application and it can not be given weight when assessing the application. It is not an offence to operate without planning permission.

7.35 Some representations have commented that there are already scrap yards in

the local area and there is no need for additional facilities. There is no requirement for the applicant to demonstrate that there is a need for the facility and therefore this representation is not material when considering this proposal.

8.0. Conclusions 8.1 The application proposes the change of use of a building and yard that have a

lawful B2 general industrial use to a mixed use with similar characteristics. The proposed development could be controlled by conditions to ensure that it would not cause harm to residential amenity or highway safety and the development is considered to be in broad compliance with the Waste Local Plan.

9.0. Recommendation 9.1 Grant planning permission subject to the following conditions:

1. Within 2 months of this decision a plan identifying areas for the storage of 10no. ELVs, customer parking and staff parking shall be submitted to and agreed in writing with the Local Planning Authority.

2. A register of the End of Life Vehicles that have been brought to the site shall be kept and made available for inspection by the Local Planning Authority upon request.

3. There shall be no more than 10 End of Life Vehicles stored on the site at any one time. The End of Life vehicles shall only be stored within the building or in the spaces shown on the plan agreed under condition 1.

4. Tyres shall only be stored within the building or in the storage building in the north western corner of the site.

5. There shall be no external storage on the site except for that allowed under condition 2

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6. The site shall not be used for the purposes hereby permitted outside of the hours of 09:00-17:30 Monday to Friday, 09:00-16:00 Saturdays or at all on Sundays, Bank or Public Holidays.

7. All works to ELVs and tyre fitting shall only occur in the building and the roller shutter door shall remain closed when these works are being undertaken.

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10.0 Images

The Application Site

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Inside the building, the area used for the dismantling ELVs

Inside the building, the area used for the storage of parts

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Inside the building, the area used for the storage of tyres

The yard area, 15 McCulloch Street visible

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The yard area, Atlas Salvage to the left

The building with the roller shutter door

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The site access, with 16 Jackson Street visible

The site access, with 16 Jackson Street visible