Planning Services

COMMITTEE REPORTAPPLICATION DETAILS

APPLICATION NO: DM/15/03748/WAS & DM/15/03747/WAS

FULL APPLICATION DESCRIPTION:1) Change of use to materials recycling facility (DM/15/03748/WAS) & 2) reuse of existing materials storage area (DM/15/03747/WAS)

NAME OF APPLICANT: Viridis Group Ltd.

ADDRESS:Eldon Brickworks, Eldon Estates, Eldon, Bishop Auckland

ELECTORAL DIVISION: Shildon and Dene Valley

CASE OFFICER: Chris Shields, Senior Planning Officer03000 261 394, chris.shields@durham.gov.uk

DESCRIPTION OF THE SITE AND PROPOSALS

The Site

1. The application site is the former Eldon Brickworks which is located north of the C43 road between Eldon to the west and Old Eldon to the east. The site is situated approximately 16km to the south of Durham City, 3km to the east of Bishop Auckland and 4km to the west of Newton Aycliffe. The settlements of Close House and Coundon Grange are also located to the west of the site. The nearest residential property, Colliery House, is located directly opposite the site entrance. Properties at Office Row and Pasture Row are some 250m to the southwest of the application boundary. These properties are screened by the intervening hedgerows and trees between them and the site. The closest property in Old Eldon is some 850m to the east of the application boundary and the nearest in Close House some 350m.

2. The brickworks is based on a site of approximately 8.7ha and consists of 4 large interconnected buildings used for the manufacture of bricks, storage of materials, offices and welfare facilities. There is also a brick chimney stack associated with the brick making process.

3. To the immediate east of the brickworks is Eldon Quarry which provided brickmaking materials in the form of shale and clay to the brickworks. These materials were won from the quarry on an annual or biannual campaign basis with materials stored in stockpiles to the north of the brickworks buildings. The brickworks and adjacent quarry have not operated for several years with the quarry awaiting restoration and all stock of bricks has been removed from the site. There has been no intervening use at either site and they remain vacant.

4. The brickworks site has a relatively flat topography but sits at an elevated position from the C43 road limiting views into the site and obscuring views of the buildings entirely. The only view into the site from public viewpoints is from the top of Eldon Bank to the south. The site has a steel palisade fence around the perimeter with security gates at the existing access point. There is a woodland plantation on the western and northern boundary and part of the southern boundary.

5. There are no landscape or nature conservation designations within or adjacent the site boundary. The nearest site of local conservation interest (Eldon Grassland Local Wildlife Site) lies approximately 500m to the north east. There is a Public Right of Way, Footpath No. 18 (Eldon Parish) located to the north of the site boundary but is located within the woodland and is more than 20m from the site boundary.

The Proposals

6. Two planning applications have been submitted at the former Eldon Brickworks site. One for the change of use of the Eldon Brickworks (buildings) to a Materials Recycling Facility (MRF) and the second for the reuse of the brickclay storage area for the recycling of inert materials. The two areas would share the site access but would otherwise be separate operations.

Materials Recycling Facility (MRF)

7. Through the change of use of one of the existing building (8,500m2) the applicant seeks to create a Materials Recycling Facility (MRF) for up to 300,000 tonnes per annum of Municipal Solid Waste (MSW) residual Commercial and Industrial Waste (C&I) and residual Construction and Demolition Waste (C&D) at the site. MSW being material sourced from residential properties, C&I being controlled waste arising from factories, industrial plants, wholesalers, catering establishments, shops and offices and C&D being material from construction projects.

8. The MRF development would comprise only the existing brickworks buildings and associated hard standing areas, which would be internally refitted with plant for processing of waste materials. Parking for staff vehicles would be on the eastern side of the site and HGV parking would be on southern boundary. Site offices and amenity buildings, used in association with the brickworks, would be retained on the eastern side of the site with a weighbridge installed on the western side. The main brickworks building would be divided into three operational areas with a materials acceptance area to the north, materials reception area in the centre and materials processing in the long southern building. The building to the west would be used for plant storage.

9. The process would involve raw waste material being deposited inside the materials acceptance building, which has capacity for 6,500m3 of material, or the equivalent of approximately 50 vehicle loads. Vehicles would reverse into the building to deposit their loads and drive out forwards. Deposited material would be subject to a visual inspection before being transferred to the materials acceptance area by a loading shovel. Any material failing an inspection would be transferred to an internal quarantine area.

10. Once the material has been transferred to the materials acceptance area the processing stage would begin. The material would be loaded into the primary shredder where it would be reduced to fractions of between 0 and 150mm. Most metals would be removed at this stage before the shredded metal is fed directly into a trommel to remove organic matter, which would be stored in a container. The material would then be passed through a density separator to remove any heavy

fractions such as bricks and hardcore that could damage downstream plant. The retained light fractions would then be passed through an over band magnet that would remove any ferrous metals and then an eddy current separator which removes ferrous metals.

11. The fine material removed by the trommel would be passed through a flip flow separator to remove <10mm material and separates heavy and light materials. The light materials would then pass through a high speed Solid Recovered Fuel (SRF) shredder being wrapped into 1 tonne bales. Material recovered throughout the process would be stored in containers before being exported for further processing, including recycling, elsewhere. The SRF bales would be transported to end users as fuel.

12. The MRF would accept and process waste during 07:00 to 19:00 Monday to Friday and 07:00 to 13:00 on Saturdays. There would be no operations on Sundays or Bank or other public holidays.

Materials Storage Area

13. To the north of the brickworks buildings is an area previously used for stocking clay and other brick making materials from the adjacent Eldon Quarry. Approximately 110,000 m3 remains in storage. The applicant is also seeking permission to reuse this storage area for the importation and recycling of inert waste materials. The types of materials that would be accepted into the storage area would be topsoils, subsoils, clay, stone, concrete and bricks. The material would be sourced from construction and demolition projects.

14. The material storage area has a site area of approximately 6 ha. It is proposed to treat up to 75,000 tonnes per annum of materials suitable for the production of soil, soil substitutes and aggregate by means of sorting, separation, screening, crushing and blending as covered under the Environment Agency Standard Rules permit (SR2010 No.12) for the treatment of waste to produce soil, soil substitutes and aggregate. A maximum of 40,000 tonnes would be stored at any one time. The operations would be carried out using track mounted mobile crushing plant and screen in conjunction with an excavator and loading shovel. Treatment would take place in campaign runs when sufficient material is available, which is likely to cover two days per week. The maximum height of any stockpile would be 5 metres. Materials would only be accepted if they conform to the description in the documentation supplied and its chemical, physical and biological characteristics make it suitable for its intended treatment, as controlled by the relevant EA Permit.

15. The operating hours for the materials storage area would be 1000 to 1600 Monday to Friday with no operations on Saturdays, Sundays or bank or public holidays.

Traffic and access

16. Vehicles for both proposals would share the former brickworks and quarry entrance from the C34 road. All vehicles exiting the site would turn left towards Newton Aycliffe to avoid minor roads through Eldon and South Church. HGV’s entering the site would be directed to the weighbridge on the western side of the site and from there would be directed to either the MRF or materials storage area, depending on the load that is being carried.

17. Vehicle movements would be restricted to 24 per day with an average of 4 per hour (2 in and 2 out). The MRF and materials storage area would be distinct operations

and although they would share the site entrance and weighbridge the materials would be kept separate.

18. There has been no employment on the site following the closure of the brickworks. The proposed developments would, in combination, provide up to 50 new jobs.

19. Both applications are being reported to the County Planning Committee because they are for major waste developments with a site area greater than 1ha.

PLANNING HISTORY

20. It is understood that Eldon Brick Company was formed in 1933 on the closure of Eldon Colliery, although bricks have been made on the site since 1877. Planning permission for the brickworks was granted under a number of separate consents.

21. The quarrying of brickshale was granted at Eldon Quarry under Interim Development Order (IDO) arrangements by Shildon Urban District Council, in February 1948. A new schedule of planning conditions for the working and restoration of the site were approved by the Development Control Sub Committee in 1994 under the requirements of the Planning and Compensation Act 1991. Under the current planning permission mineral extraction at the site is permitted until February 2042. The IDO permission area covered two areas to the north and south of Road C34. The right to work the southern IDO area was removed by legal agreement in 1998 in association with Eldon Deep opencast coal scheme.

22. In 1988 planning permission was granted for an extension to the materials stockpiling area at the brickworks in order to accommodate stockpile heaps of shale and clays for brickmaking. Part of this area is included in the current planning application area for use as soil storage.

23. Working the brickshale exposes some ancillary coal in the shallow seams and pillars. In 2000 planning permission was granted for the extraction of this ancillary coal which had previously been extracted and transported off site without the necessary planning permission. In 2003 planning permission was granted to reshape and retain an overburden mound to the south of the site.

24. In 2008 an extension to the quarry was granted to continue supply of brick making materials to Eldon Brickworks under planning reference CMA/7/63.

PLANNING POLICY

NATIONAL POLICY

25. The Government has consolidated all planning policy statements, guidance notes and many circulars into a single policy statement, the National Planning Policy Framework (NPPF), although the majority of supporting Annexes to the planning policy statements are retained. The overriding message is that new development that is sustainable should go ahead without delay. It defines the role of planning in achieving sustainable development under three topic headings – economic, social and environmental, each mutually dependant.

26. The NPPF does not contain specific waste policies as these are contained within the National Planning Policy for Waste document. However, the NPPF requires local authorities preparing waste plans and taking decisions on waste applications should have regard to policies in the NPPF so far as relevant.

27. The presumption in favour of sustainable development set out in the NPPF requires local planning authorities to approach development management decisions positively, utilising twelve ‘core planning principles’. The following elements of the NPPF are considered relevant to this proposal.

28. In accordance with paragraph 215 of the National Planning Policy Framework, the weight to be attached to relevant saved local plan policy will depend upon the degree of consistency with the NPPF. The greater the consistency, the greater the weight. The relevance of this issue is discussed, where appropriate, in the assessment section of the report below.

29. NPPF Part 1 – Building a Strong, Competitive Economy. The Government is committed to securing economic growth in order to create jobs and prosperity and to ensuring that the planning system does everything it can to support sustainable economic growth. Planning should operate to encourage and not act as an impediment to sustainable growth. Therefore significant weight should be placed on the need to support economic growth through the planning system. Decisions should support existing business sectors, taking account of whether they are expanding or contracting.

30. NPPF Part 4 – Promoting Sustainable Transport. States that the transport system needs to be balanced in favour of sustainable transport modes, giving people a real choice about how they travel. It is recognised that different policies and measures will be required in different communities and opportunities to maximize sustainable transport solutions which will vary from urban to rural areas. Encouragement should be given to solutions which support reductions in greenhouse gas emissions and reduce congestion.

31. NPPF Part 7 – Requiring Good Design. The Government attaches great importance to the design of the built environment, with good design a key aspect of sustainable development, indivisible from good planning. Planning policies and decisions must aim to ensure developments; function well and add to the overall quality of an area over the lifetime of the development, establish a strong sense of place, create and sustain an appropriate mix of uses, respond to local character and history, create safe and accessible environments and be visually attractive.

32. NPPF Part 8 – Promoting Healthy Communities. Recognises the part the planning system can play in facilitating social interaction and creating healthy and inclusive communities. Access to high quality open spaces and opportunities for sport and recreation can make an important contribution to the health and well-being of communities.

33. NPPF Part 10 - Meeting the Challenge of Climate Change, Flooding and Coastal Change. Planning plays a key role in helping shape places to secure radical reductions in greenhouse gas emissions, minimising vulnerability and providing resilience to the impacts of climate change, and supporting the delivery of renewable and low carbon energy.

34. NPPF Part 11 – Conserving and Enhancing the Natural Environment. The planning system should contribute to, and enhance the natural environment by; protecting and enhancing valued landscapes, recognizing the benefits of ecosystem services, minimising impacts on biodiversity and providing net gains in biodiversity where possible, preventing new and existing development being put at risk from

unacceptable levels of soil, air, water or noise pollution or land instability, and remediating contaminated and unstable land.

35. NPPF Part 12 – Conserving and Enhancing the Historic Environment. In determining applications LPAs should take account of; the desirability of sustaining and enhancing the significance of the heritage asset, the positive contribution conservation of heritage assets can make to sustainable communities and economic viability, and the desirability of new development making a positive contribution to local character.

http://www.communities.gov.uk/documents/planningandbuilding/pdf/2116950.pdf (NPPF)

36. Accompanying the NPPF the Government has consolidated a number of planning practice guidance notes, circulars and other guidance documents into a single Planning Practice Guidance Suite. This provides planning guidance on a wide range of matters. Of particular relevance to this development proposal is the practice guidance with regards to air quality, transport, flood risk, waste and use of planning conditions.

http://planningguidance.planningportal.gov.uk/ (National Planning Practice Guidance)

37. National Planning Policy for Waste sets out the Government's ambition to work towards a more sustainable and efficient approach to resource use and management. Waste Planning Authorities should only expect a demonstration of need where proposals are not consistent with an up to date Local Plan and should not consider matters that are within the control of pollution control authorities. Waste proposals should not undermine the objectives of the Local Plan and should be environmentally sensitive and well designed. Of further relevance is the Waste Management Plan for England, which also advocates the movement of waste up the waste hierarchy in line with the requirements of the European Waste Framework Directive (WFD). One such requirement (which is also in the Waste Management Plan for England and the Waste Regulations) is an increase of recovery to 70% by weight of non-hazardous construction and demolition waste (excluding naturally occurring materials) by 2020.

https://www.gov.uk/government/publications/national-planning-policy-for-waste

LOCAL PLAN POLICY:

County Durham Waste Local Plan (2005)

38. Policy W2 – Need – requires the demonstration of need for a particular development which cannot be met by an alternative solution higher up the waste hierarchy.

39. Policy W3 – Environmental Protection – states that proposals for new development will be required to demonstrate that the natural and built environment and the living conditions of local communities will be protected and where possible enhanced.

40. Policy W4 – Location of waste management facilities – states that proposals for new waste management facilities will be determined having regard to protection of the environment and local amenity, traffic impacts, opportunities to integrate with other facilities or developments which will benefit from the recovery of materials and to extend or develop existing waste management facilities.

41. Policy W7 – Landscape – states that proposals for waste development which would result in the loss of important landscape features or which would have a significant adverse effect on the character of the landscape will not be permitted.

42. Policy W13 – Nature Conservation (Local) – states that waste development likely to have an adverse effect on local sites including County Wildlife Sites (now Local Wildlife Sites) will not be permitted unless the reasons for the development clearly outweigh the harm to the substantive nature of the conservation value of the site.

43. Policy W17 – Nature Conservation (Minimisation Of Adverse Impact) – states that proposals should incorporate measures to ensure that any adverse impact on the nature conservation interest of the site is minimised.

44. Policy W26 –Water resources – Proposals for waste development which does not involve landfill or landraise will not be permitted unless it can be demonstrated that there will be no significant adverse impact or significant deterioration to: the quality of surface or groundwater resources; and the flow of surface or groundwater at or in the vicinity of the site.

45. Policy W29 – Modes of transport – requires that waste development incorporate measures to minimise transportation of waste.

46. Policy W31 – Environmental impact of road traffic – states that waste development will only be permitted if traffic estimated to be generated by the development can be accommodated safely on the highway network, the amenity of roadside communities is protected, the strategic highway network can be safely and conveniently accessed and the impact of traffic generated by the development on local and recreational amenity is otherwise acceptable.

47. Policy W32 – Planning obligations for controlling environmental impact – states that in granting planning permission for waste development, planning conditions be imposed to cover, in addition to other issues, the prevention of the transfer of mud, dust, or litter onto the public highway by measures including the provision of wheel cleaning facilities, suitably metalled access roads and the sheeting of laden vehicles.

48. Policy W33 – Protecting local amenity – requires that suitable mitigation measures are incorporated into proposals to ensure that any harmful impacts from noise, odour, litter, vermin, birds, dust, mud, visual intrusion and traffic and transport are kept to an acceptable level.

49. Policy W36 – Locations for Waste Recovery Facilities - states that unless it can be clearly demonstrated that any environmental impacts can be effectively mitigated proposals for new or the expansion of existing waste management facilities should be fully contained within well designed buildings or enclosed structures appropriate to the technology or process and appropriate in scale and character to their surroundings.

50. Policy W38 – Waste Transfer Stations - seeks to ensure that proposals for the recovery and recycling of inert waste materials including construction and demolition waste will be permitted, provided that they can be satisfactorily located on land identified for general industrial use, previously developed land or at an existing waste transfer station.

51. Policy W39 – Waste Recycling - states that proposals for the recovery and recycling of inert waste materials, including construction and demolition waste, will be permitted, provided that they can be satisfactorily located at existing waste transfer

stations, on land identified for general industrial use or on previously developed land in sustainable locations.

EMERGING POLICY:

52. Paragraph 216 of the NPPF says that decision-takers may give weight to relevant policies in emerging plans according to: the stage of the emerging plan; the extent to which there are unresolved objections to relevant policies; and, the degree of consistency of the policies in the emerging plan to the policies in the NPPF. The County Durham Plan (CDP) was submitted for Examination in Public and a stage 1 Examination concluded. An Interim Report was issued by an Inspector dated 18 February 2015, however that Report was quashed by the High Court following a successful Judicial Review challenge by the Council. In accordance with the High Court Order, the Council has withdrawn the CDP and a new plan being prepared. In the light of this, policies of the CDP can no longer carry any weight. As the new plan progresses through the stages of preparation it will begin to accrue weight.

CONSULTATION AND PUBLICITY RESPONSES

STATUTORY RESPONSES:

53. Eldon Parish Council – has raised no objections to the proposal in principle but has requested that the operation of the site is subject to an Environmental Permit, assessments and mitigation works are carried out in respect of noise, dust, lighting, pest control, drainage and odour are to be carried out. The Parish has requested that all HGVs shall access and exit the site from the east via the C34 and A689 roads and that the applicant ensure and monitor that vehicles travelling through Old Eldon do so at the proposed 30mph voluntary limit. The Parish has also asked if a Liaison Committee could be established to deal with ongoing issues or concerns once the site is operational.

54. Highway Authority – has raised no objections to the proposals noting that the HGV route for both applications would be from the A689 via the C35, Middridge Road and the C34, Moor Lane. Officers welcome the voluntary 30mph speed limit through Old Eldon and state that there is no suggestion that any of the 14 recorded personal injury and road traffic collisions (past 5 years) on the 2 mile section of the C34 road between the site and the junction with the C35 are attributable to HGVs. Officers have requested that roadside vegetation on the eastern side of the access on to the C34 be cut back to improve junction sight visibility and also that existing junction give way markings are re-marked.

55. Natural England – has no comments to make on the application and states that it is for the local planning authority to determine whether or not this application is consistent with national and local policies on the natural environment.

56. The Coal Authority – has raised no objections stating that the application site does fall within the defined Development High Risk Area; however, the planning application is either for an application type or the nature of development which is listed as exempt from the requirement for a Coal Mining Risk Assessment to be submitted or for The Coal Authority to be consulted on this proposal.

57. Environment Agency – has raised no objections to the proposals. Conditions have been requested in relation to the MRF in respect of odour abatement, waste storage and fire suppression. No conditions have been requested for the inert recycling

proposal. The Environment Agency has also provided advice to the applicant in relation to the requirement for an Environmental Permit.

58. Northumbrian Water – has no comments to make on the proposals having assessed the impact on its assets and assess the capacity within Northumbrian Water’s network to accommodate and treat the anticipated flows arising from the development.

59. Drainage and Coastal Protection – has raised no objections to the proposals stating that any surface water discharge from any new buildings or extension works to existing, should be dealt with in accordance with The Building Regulations 2010. Approved Document Part H (Drainage & Waste disposal) and that the applicant should ensure there is no run-off onto neighbouring land or the highway.

INTERNAL CONSULTEE RESPONSES:

60. Landscape – has raised no objections to the proposals stating that there would be no significant landscape or visual effects and would not be in conflict with policies dealing with those matters.

61. Ecology – raise no objection. Officers state that a bat risk assessment carried out by Ecosurv Ltd states that the building is of negligible risk for roosting bats and that to address any residual risk a ‘Tool Box Talk’ for bats will be provided by Ecosurv Ltd. Given the results of the risk assessment, no further works are required on European Protected Species in relation to the building.

62. Access and Rights of Way – has no objections to the proposals stating that the land and buildings referred to should not impact on any of the nearby paths.

63. Environmental Health and Consumer Protection (noise and dust) – has raised no objections to the proposals but has requested further details by condition in relation to noise, lighting and odour for the Materials Recycling Facility. Noise limits have been set in respect of the Inert Recycling Area. |A restriction on the start time for HGV movements has also been requested.

64. Environmental Health and Consumer Protection (contaminated land) – has raised no objections to the proposals having assessed the available information and historical maps with respect to land contamination and has stated that there is no requirement for a contaminated land condition.

PUBLIC RESPONSES:

65. The application has been advertised in the press, by site notice and neighbour notification. 2 representations have been received which state that they raise no objections in principle but have nevertheless raised concerns in relation to the significant increase in volumes of 30+ tonne articulated and tipper wagons through Old Eldon, the impact of these vehicles in relation to noise, dust and vibration, the starting time and duration of such vehicles travelling through Old Eldon and road safety, particularly at the junction lying to the east of Old Eldon.

APPLICANTS STATEMENT:

66. The Viridis Group propose to utilise the disused and partly derelict buildings of the previous Eldon Brickworks for the purpose of a Materials Recycling Facility(MRF) and the currently abandoned stockpile area on the same site for the production and storage of soils, soil substitutes and aggregates.

67. With an investment of @£4.5M, the state of the art facilities will deliver a valuable sustainable waste management facility that will serve local businesses, allowing them to minimise landfill disposal, increase recycling rates and contribute towards carbon footprint reduction as the majority of the facilities residual materials will be utilised as a feedstock to fuel modern energy recovery facilities.

68. The proposed development benefits from substantial National and Local Planning Policy support, fully accords with the National Planning Policy Framework and Planning and National Planning Policy for Waste as well as other policy documents which drive waste management towards more sustainable routes in accordance with the Waste Hierarchy.

69. The naturally well screened site is located just north of Main Road at the eastern

edge of the village of Eldon which lies 1.8 miles south of Coundon, 2.6 miles south east of Bishop Auckland and approximately 12 miles south of Durham City. The site is set back from the C34 with main arterial transport routes all within short distances. Junction 60 of the A1M lies approximately 6 miles to the east via the A689 and the A167 is within 4.5 miles.

70. The previous operating hours of the Brickworks have been adopted so as not to impact on the locality. The Highway Consultee has confirmed that the slight increase in vehicle movements associated with the proposed development is not deemed to be significant, however, we have taken on board concerns raised by two residents in Old Eldon and will instruct all drivers by way of site induction, to observe a 30mph limit through Old Eldon. We will monitor our traffic through this area and if required support the residents in seeking an official reduction in the speed limit to 30mph.

71. Operational activities will be permitted by the Environment Agency and The Viridis Group will meet or exceed current industry standards, acting at all times as a good neighbour within the community.

72. Odour and noise modeling studies have been conducted demonstrating that local receptors would not suffer nuisance, with the noise contribution from the development predicted to be below typical background noise levels and odour below the stated H4 guidance threshold.

73. As company best practice, there will be ongoing monitoring of noise, light, odour, dust etc. to ensure the operations cause no nuisance to local receptors and the wider community.

74. It is envisaged that up to 50 permanent job posts will be created within the project; these are to include several apprenticeship schemes. Given that all employees will be given an extensive induction and training relevant to the operations of the site, it is hoped that many of these posts can be filled by people from the direct community or very near locality.

PLANNING CONSIDERATIONS AND ASSESSMENT

75. Section 38(6) of the Planning and Compulsory Purchase Act 2004 sets out that if regard is to be had to the development plan, decisions should be made in accordance with the development plan unless material considerations indicate otherwise. In accordance with Paragraph 212 of the National Planning Policy Framework (NPPF), the policies contained therein are material considerations that should be taken into account in decision-making. Other material considerations

include representations received. In this context, it is considered that the main planning issues in this instance relate to: principle of development, landscape and visual impact, residential amenity, ecology, access and traffic, and other matters.

Principle of Development

76. National and local planning policies are generally supportive towards sustainable waste management initiatives and seek to promote the movement of materials up the waste hierarchy. The Government’s ‘Waste Strategy for England 2007’ set out the Government’s objectives to reduce waste and increase recycling of waste and energy recovery. The Waste Review of 2011 sets out the Government’s aims for a ‘zero waste’ economy. The direction of travel set by the Review is a new focus in national policy on the use of materials throughout the economy; the integration of business and household waste; a smaller and different role for central government; and more focus upon the householder or business and the importance of this agenda – from waste prevention to waste management – for the “green economy”. Waste is considered a valuable resource.

77. The NPPW sets out in the waste hierarchy that prevention of waste and re-use of

materials should be considered before recycling, recovery and final disposal of waste. This is reflected in WLP Policy W2 requiring developments to demonstrate an established need for the facility and to show that they would make a contribution to the County’s sustainable waste strategy and achieve overall environmental benefits, and move waste up the Waste Hierarchy. Both proposals would accept waste material and process it to raise it up the waste hierarchy from disposal to recovery and recycling. WLP Policy W4 refers to the location of new waste management facilities and criteria to be considered. This is reflected in Appendix B of NPPW which sets out criteria for the assessment of waste sites. These include land instability.

78. NPPW paragraph 7 states that in determining planning applications waste planning authorities should ‘consider the likely impact on the local environment and on amenity against the criteria set out in Appendix B and the locational implications of any advice on health from the relevant health bodies. Waste planning authorities should avoid carrying out their own detailed assessment of epidemiological and other health studies’ and ‘ensure that waste management facilities in themselves are well-designed, so that they contribute positively to the character and quality of the area in which they are located’. WLP environmental protection policies relevant to this proposal are Policies W7, W17, W26, W29, W31, W32 and W33 but also summarily covered in Policy W3 which requires evidence to demonstrate that new waste development will protect or enhance the natural and built environment. The applicant has provided details of the necessary environmental protection measures that are assessed later in this report.

79. WLP Policies W38 and W39 make specific reference to Materials Recovery and Inert Recycling Facilities and are the key policies against which the proposals should be considered. Both policies state that proposals of this nature will be permitted provided they can be satisfactorily located at existing waste transfer stations, on land identified for general industrial use, on previously developed land in sustainable locations or as part of an integrated waste management facility. In addition supporting text supporting Policy W38 states that these facilities will normally require industrial style buildings and accommodate a large tipping hall to deposit and load material and accommodate equipment to store, sort, compact and bale materials. The proposal would see all mixed waste being tipped, processed and loaded in HGVs for export inside existing buildings on the site. There would be associated storage for vehicles and empty waste containers within the former brickworks site

area but no waste associated with the MRF would be stored outside of the building in accordance with WLP Policy W39. Inert waste would be processed and stored outside on land to the north of the brickworks buildings that has historically been used for storing similar quantities of soils, clay and brickshale. As the inert materials would not have polluting characteristics and are, by nature, bulky it is considered acceptable for them to be stored outside and in accordance with the WLP Policy W39.

80. Within this Policy context the proposed MRF would make a contribution to the delivery of targets for diverting waste away from landfill and regional and local targets for the recycling and recovery of waste materials.

81. The proposed reuse of the brick making materials storage area for the recycling of inert materials would contribute towards the diversion of waste from landfill in a location that would be suitable for this activity that has previously been used to store similar materials from the adjacent quarry. Material would arrive from construction and demolition projects and would be processed to produce aggregates and soils for reuse in similar projects.

82. It is considered that the proposals, using a suitable vacant industrial building and ancillary land are acceptable in principle and would accord with WLP Policies W2, W4, W38 and W39. WLP Policies W2, W3, W4, W7, W17, W29, W31. W33, W36, W38 and W39 are considered to be consistent with the NPPF and WLP Policy W32 is considered to be partially consistent with the NPPF and can therefore be afforded weight in the decision making process.

Landscape and Visual Impact

83. The site is not located within or adjacent to a designated landscape and is visually well contained by topography and vegetation. The proposed re-use of the brickworks building, yard and materials storage area would be similar in character to established uses on the site. The restriction of materials stockpiles to <5m in the former stockpile area would ensure that they are not conspicuous in views from the wider landscape.

84. The proposals would have no significant landscape or visual effects and it is considered that the proposals would accord with WLP Policies W6 and W7 and Part 11 of the NPPF. Policies W6 and W7 are considered to be consistent with the NPPF and can therefore be afforded weight in the decision making process.

Residential Amenity

85. The site is located between the villages of Eldon and Old Eldon. The nearest residential property, Colliery House, is located directly opposite the site entrance. Properties at Office Row and Pasture Row are some 250m to the southwest of the application boundary. These properties are screened by the intervening hedgerows and trees between them and the site. The closest property in Old Eldon is some 850m to the east of the application boundary and the nearest in Close House some 350m.

86. The proposed development is a large industrial facility that would process waste from 07:00 – 19:00 Monday to Friday and 07:00 to 13:00 on Saturdays. The Parish Council has requested that issues of noise, dust, odour, light and pest control are to be fully investigated and concerns have been raised by local residents that the working hours are too early in respect of vehicle movements travelling through Old Eldon.

87. The applications were accompanied by assessments for noise, dust, light and odour. Following discussions with the Environment Agency and Environmental Health Officers these assessments were revised and resubmitted as an Environmental Procedure Manual. Environmental Health and Consumer Protection have considered the proposals and are satisfied that impacts can be mitigated but have requested further details to be submitted through condition in respect of noise, odour and lighting. Additionally, officers have stated that 07:00 is too early for vehicle movements to commence and it is therefore considered that HGV movements should be restricted to 08:00 to 19:00 Monday to Friday and 08:00 to 13:00 on Saturdays. This would address the concerns raised by the residents of Old Eldon without significantly increasing the frequency of movements per hour. Provided that facility operates in accordance with the limits set out in the details to be agreed, it is considered that the proposals would accord with WLP Policy W33.

88. The MRF would be fully enclosed inside an existing building. Vehicles would be tipped off and loaded inside the building. Waste would be stored in bales or containers and all processing would occur within part of the building that is away from the vehicle access points to reduce noise, dust and odour emissions. This approach would meet with the criteria set out in WLP Policy W36 in respect of waste management facilities being contained within well designed buildings.

89. Waste would be processed and baled on site quickly at a rate of 50 tonnes per hour offering limited opportunity for odour to occur, or for pests to be attracted. The inert materials to be processed and stored on the area to the north would also not attract pests or create odour. The development would require an Environmental Permit from the Environment Agency and mobile plant would require permits from the Local Authority. Environmental Health and Consumer Protection have raised no objections to the proposed development in terms of dust or air quality.

90. Due to waste processing activities being carried out inside a building it is considered that dust and odour mitigation would be acceptable in accordance with WLP Policy W33. In addition, the building would prevent any potential impacts in the form of litter, vermin and birds. Due to the inert nature of the materials to be stored externally there would be no issues arising in terms of odour, litter, vermin and birds and dust can be mitigated through the use water sprays and careful material handling methods.

Ecology

91. The presence of protected species is a material consideration, in accordance with Circular 06/2005 (Biodiversity and Geological Conservation – Statutory Obligations and their Impact within the Planning System) and Paragraph 119 of the NPPF. In addition under the requirements of the Conservation of Habitats and Species Regulations 2010 (and as amended in 2012) (referred to as the Habitats and Species Regulations hereafter) it is a criminal offence to (amongst other things) deliberately capture, kill, injure or disturb a protected species, unless such works are carried out with the benefit of a licence from Natural England. Regulation 9(3) of the Conservation of Habitats and Species Regulations requires local planning authorities to have regard to the requirements of the Habitats Directive in exercising its functions. Case law has established that local planning authorities must consider whether the applicant might obtain a protected species licence from Natural England.

92. Although the brickworks buildings and associated storage areas have been dormant for some time the land has limited habitat potential. The proposal does not involve any demolition works or removal of any trees or hedgerows. It is therefore considered that there would be no risk of a direct impact upon any protected species.

The building was surveyed for bats and no roosts were found. The land to be used for the material storage area is disturbed land and has a partial stockpile in place with no ecological value.

93. At more than 500m the proposals are significant distance from the nearest Local Wildlife Site (Eldon Grasslands) and would not cause harm to this designation. Natural England and the Council’s Ecology officers do not consider that the proposals would adversely impact upon the European, national or locally designated nature conservation sites. It is therefore considered that the proposals would not conflict with WLP Policies W13 and W17 and Paragraphs 109, and 118 of the NPPF which requires that impacts on biodiversity should be minimised and net gains provided where possible. WLP Policies W13 and W17 are considered to be consistent with the NPPF and can be afforded weight in the decision making process.

Access and Traffic

94. The NPPF advises that development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe.

95. The site is accessed from the C43 road using the existing access for the brickworks and associated quarry. This existing access would be used for all vehicles entering and leaving the site.

96. The proposed use of MRF would generate up to 120 vehicle movements per day (60 in and 60 out) Monday to Friday and up to 60 (30 in and 30 out) on Saturday. The materials storage area would generate up to 24 vehicle movements (12 in and 12 out) Monday to Friday. The combination of the two proposals would see the permitted number of daily HGV traffic movements increase from 76 to 144.

97. The materials storage facility would see a maximum of 24 HGV movements over a 6 hour period, between 10am and 4pm, with the MRF facility relating to a maximum of 120 HGV movements over a 12 period, between 08:00 and 19:00.

98. The 76 permitted HGV vehicle movements operating between 7am and 7pm could relate to 1 HGV movement every 9-10 minutes on the public highway network. At the times when only the proposed materials storage HGV traffic would be expected to be on the local public highway network you could expect an average of 1 HGV movement every 6 mins which could increase to 1 HGV movement every 4 minutes or so when both the proposed materials storage and proposed MRF HGV traffic could be on the local public highway network. On average the potential increase in HGV movements on the local public highway network could be in the region of 1 HGV movement every 5 minutes.

99. Whilst this is an approximate doubling of HGV movements on the local public highway network as there is no history of recorded personal injury road traffic collisions in the last 5 years there is no suggestion that the increase in HGV movements would result in an increase in road traffic collisions. As a result the Highways Authority has advised that it would be difficult to object to these proposals on highway safety grounds.

100. The Highway Authority has advised that works are to be carried out to cut back the vegetation at the junction with the C34 road to improve visibility and to remark the give way markings as they have been worn away. It is recommended that these works are secured by condition and carried out within 3 months of the commencement of development.

101. The Highway Authority has assessed the proposals and considers that the proposed increase in vehicle movements would be acceptable subject to conditions. It is therefore considered that the proposal would accord with WLP Policies W29, W31 and W32 and Part 4 of the NPPF. WLP Policies W29 and W31 are considered to be consistent with the NPPF and although W32 is only partially consistent, as it does not fully reflect Section 122 of the CIL Regulations, there is no conflict in relation to these proposals and therefore can be afforded weight in the decision making process.

Other Matters

102. The application sites are located within Flood Zone 1 and as the development covers an area of more than 1ha a Flood Risk Assessment (FRA) has been submitted in support of the application. The FRA produced for both applications concludes that the proposal would not have a significant impact upon flooding in the area in accordance with WLP Policy W26 and Part 10 of the NPPF. The Drainage and Coastal Protection Team, the Environment Agency and Northumbrian Water has raised no objections to the proposal. WLP Policy W26 is considered to be consistent with the NPPF and can be afforded weight in the decision making process.

103. The application sites are within a mixture of High and Low Coal Mining Risk Areas. However, the types of development are those which are exempt from requiring a Coal Mining Risk Assessment as there would be no buildings or excavations. The Coal Authority has raised no objections to the proposals and it is therefore considered that the proposal would not conflict with Paragraphs 120 and 121 of the NPPF.

104. Both proposals would be subject to Environmental Permits and would be regularly inspected by the Environment Agency.

105. The Parish Council has requested that a liaison committee be established for the site to deal with ongoing issues or concerns once the site is operational. The applicant has agreed to this in principle and it is therefore recommended that a condition be imposed to require that a liaison committee be established within the 6 months of the commencement of development which would then meet at intervals of 6 months, or shorter, thereafter.

CONCLUSION

106. Planning policy is generally supportive towards sustainable waste management initiatives and seeks to locate material recycling facilities on land identified for general industrial use or on previously developed land in sustainable locations. The proposal for a MRF would be located within an existing industrial unit and on adjacent ancillary land and would make a substantial contribution to diverting waste materials up the waste hierarchy, away from landfill. The proposed inert recycling facility would be located on previously developed in a sustainable location and would also contribute to diverting waste away from landfill. It is considered that the proposals would be appropriate in this location and would not give rise to any unacceptable environmental impacts

107. The NPPW sets out in the waste hierarchy that prevention of waste and re-use of materials should be considered before recycling. However, there are still residual waste streams that need to be managed containing materials that cannot be readily reused without processing. The proposals would facilitate the separation of

recyclable fractions from mixed waste streams that would normally be landfilled. The residual product of the process would be suitable for use as a fuel and would avoid the need for landfill

108. The proposals have generated some public interest with representations reflecting the issues and concerns of local residents affected by the proposed developments. Careful consideration was given to the concerns raised throughout the consideration process and these have been taken into account and addressed in detail within the body of the report. On balance these were not felt to be of sufficient weight to justify refusal of the application in this case. Potential impacts on local amenity associated with matters such as noise, dust, odour and visual impact can be controlled through the implementation of appropriate mitigation measures and planning conditions.

109. The proposals are considered to broadly accord with the relevant policies of the County Durham Waste Local Plan and meet the aims of national planning guidance contained within NPPW and relevant sections of the NPPF.

RECOMMENDATION

That both applications be APPROVED subject to the following conditions:

DM/15/03748/WAS Change of use to materials recycling facility

1. The development hereby approved must be begun no later than the expiration of three years from the date of this permission.

Reason: Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

2. The development hereby approved shall be carried out in accordance with the following approved plans:

Drawing No. Figure 2 ‘Showing Existing & Proposed Permissions’MRF Site LayoutMRF Vehicle Movements and ParkingMRF Materials Storage AreasMRF External Lighting

Reason: To ensure the development is carried out in accordance with the approved documents

3. Prior to any machinery, plant and/or process being brought into operation, a detailed noise impact assessment and scheme of sound attenuation measures shall be submitted to and approved in writing by the local planning authority. The scheme of attenuation measures shall ensure that the rating level of noise emitted from plant, machinery and/or process on the site shall not exceed the background (LA90) by more than 5dB LAeq (1 hour) between 07.00-23.00 and 0dB LAeq (15 mins) between 23.00-07.00. The measurement and assessment shall be made according to BS 4142: 2014.

Within 28 days from the commencement of commercial activities a validation assessment shall be carried out to demonstrate adherence with the above levels.

Reason: In the interests of the amenities of the surrounding area (County Durham Waste Local Plan Policy W33)

4. Details of the external lighting shall be submitted to and approved in writing by the Local planning authority prior to the development hereby permitted being brought into use. The detail provided must be sufficient to demonstrate adherence to the ILP guidance notes for the reduction of intrusive light. The external lighting shall be erected and maintained in accordance with the approved details to minimise light spillage and glare outside the designated area.

Reason: In the interests of the amenities of the surrounding area (County Durham Waste Local Plan Policy W33)

5. Details of fire suppression measures shall be submitted to and approved in writing by the Local planning authority prior to the development hereby permitted being brought into use

Reason: In the interests of the amenities of the surrounding area (County Durham Waste Local Plan Policy W33)

6. Prior to the commencement of the development a scheme of odour abatement measures shall be submitted to and approved in writing by the Local Planning. The aim of the scheme shall be to demonstrate adherence to the Institute of Air Quality Management, guidance on the assessment of odour for planning and the H4 odour management guidelines and also minimise any fugitive odour emissions. The approved scheme shall be implemented prior to the beneficial use of the development and shall be permanently retained thereafter.

Reason: In the interests of the amenities of the surrounding area (County Durham Waste Local Plan Policy W33)

7. The total number of vehicles delivering and exporting waste to the Materials Recycling Facility shall not exceed a daily average of 60 in and 60 out. A record of all vehicles entering and leaving the site shall be maintained by the operator and a copy of this record shall be afforded to the Waste Planning Authority within 2 working days of such a request

Reason: In the interests of highway safety and to accord with County Durham Waste Local Plan Policy W31.

8. All waste material must be deposited, processed and stored within the Reception Building, as shown on the Site Layout Plan. No waste is to be stored outside of the Materials Recycling Facility building.

Reason: In the interests of the amenities of the surrounding area (County Durham Waste Local Plan Policy W33)

9. No burning of waste shall be undertaken anywhere on the site.

Reason: In the interests of the amenities of the surrounding area (County Durham Waste Local Plan Policy W33)

10. Measures shall be taken to ensure that mud, dirt, and waste is not transferred onto the public highway. If at any time these measures are not sufficient to prevent the transfer of any material onto the public highway, vehicle movements shall cease until adequate cleaning measures are employed which prove effective.

Reason: In the interests of highway safety and to accord with Durham County Waste Local Plan Policy W31.

11. All vehicles entering and leaving the site shall be appropriately sheeted or suitably covered to suit its load.In the interests of amenity and highway safety (Durham County Council Waste Local Plan Policies W31 and W33)

12. All vehicles leaving the site shall turn left on to the C34 Road.

In the interests of amenity and highway safety (Durham County Council Waste Local Plan Policies W31 and W33)

13. Within 3 months of the commencement of development the ‘give way’ markings on the site access road at the junction with the C34 road shall be repainted and the roadside vegetation be cut back on the eastern side of the access onto the C34 to achieve the best junction sight visibility splay in the easterly direction.

In the interests of amenity and highway safety (Durham County Council Waste Local Plan Policies W31 and W33)

14. Processing of waste material shall only take place between the hours of 0700 to 1900 Monday to Friday and 0700 to 1300 on Saturdays. There shall be no operations on Sundays or bank or public holidays.

HGV movements associated with the Materials Recycling Facility shall only take place between the hours of 0800 to 1900 Monday to Friday and 0800 to 1300 on Saturdays. There shall be no operations on Sundays or bank or public holidays.

Reason: In the interests of residential amenity and to accord with Durham County Waste Local Plan Policy W33.

15. Measures shall be taken to suppress dust arising from the development hereby approved, such that none shall be detected beyond the site boundary as shown on Drawing No. Figure 2 ‘Showing Existing & Proposed Permissions’. In the event that dust is detected beyond the site boundary, and that it is directly attributable to the use hereby approved, causal operations shall cease until measures are put in place to prevent dust migrating beyond the site boundary.

In the interests of local amenity (Durham County Council Waste Local Plan Policy W33)

16. Within 6 months of the commencement of development the site operator shall establish a liaison committee to discuss site issues. The committee shall consist of representatives from the site operator, County Council, the Parish Council and members of the public. Following the first meeting the liaison committee shall meet at least every 6 months, or shorter period, thereafter.

In the interests of local amenity (Durham County Council Waste Local Plan Policy W33)

DM/15/03747/WAS reuse of existing materials storage area

1. The development hereby approved must be begun no later than the expiration of three years from the date of this permission.

Reason: Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

2. The development hereby approved shall be carried out in accordance with the following approved plans:

Drawing No. Figure 2 ‘Showing Existing & Proposed Permissions’MRF Site LayoutMRF Vehicle Movements and ParkingMRF Materials Storage AreasMRF External Lighting

Reason: To ensure the development is carried out in accordance with the approved documents

3. The rating level of noise emitted from plant/machinery (associated with the inert storage area) on the site shall not exceed the background (LA90) by more than 5dB LAeq (1 hour) between 07.00-23.00 and 0dB LAeq (15 mins) between 23.00-07.00 at the nearest noise sensitive receptor. The background level will be taken when no commercial activities are occurring on the full site. The measurement and assessment shall be made according to BS 4142: 2014. On written request by the planning authority the operator shall, within 28 days, produce a report, compiled by a suitable and qualified person, to demonstrate adherence with the above rating level.

Reason: In the interests of the amenities of the surrounding area (County Durham Waste Local Plan Policy W33)

4. The total number of vehicles delivering and exporting waste to the Materials Storage Area shall not exceed a daily total of 12 in and 12 out. A record of all vehicles entering and leaving the site shall be maintained by the operator and a copy of this record shall be afforded to the Waste Planning Authority within 2 working days of such a request

Reason: In the interests of highway safety and to accord with County Durham Waste Local Plan Policy W31.

5. Only soil, soil substitutes and aggregate materials shall be stored within the materials storage area as shown on Drawing No. Figure 2 ‘Showing Existing & Proposed Permissions’ and stored to a height of no greater than 5m above ground level.

Reason: In the interests of the amenities of the surrounding area (County Durham Waste Local Plan Policy W33)

6. No burning of waste shall be undertaken anywhere on the site.

Reason: In the interests of the amenities of the surrounding area (County Durham Waste Local Plan Policy W33)

7. Measures shall be taken to ensure that mud, dirt, and waste is not transferred onto the public highway. If at any time these measures are not sufficient to prevent the

transfer of any material onto the public highway, vehicle movements shall cease until adequate cleaning measures are employed which prove effective.

Reason: In the interests of highway safety and to accord with Durham County Waste Local Plan Policy W31.

8. All vehicles entering and leaving the site shall be appropriately sheeted or suitably covered to suit its load.

In the interests of amenity and highway safety (Durham County Council Waste Local Plan Policies W31 and W33)

9. All vehicles leaving the site shall turn left on to the C34 Road.

In the interests of amenity and highway safety (Durham County Council Waste Local Plan Policies W31 and W33)

10. Delivery and export of inert material shall only take place between the hours of 1000 and 1600 Monday to Friday with no deliveries on Saturdays, Sundays or bank or public holidays..

Reason: In the interests of residential amenity and to accord with Durham County Waste Local Plan Policy W33.

11. Measures shall be taken to suppress dust arising from the development hereby approved, such that none shall be detected beyond the site boundary as shown on Drawing No. Figure 2 ‘Showing Existing & Proposed Permissions’. In the event that dust is detected beyond the site boundary, and that it is directly attributable to the use hereby approved, causal operations shall cease until measures are put in place to prevent dust migrating beyond the site boundary.

In the interests of local amenity (Durham County Council Waste Local Plan Policy W33)

STATEMENT OF PROACTIVE ENGAGEMENT

The Local Planning Authority in arriving at its decision to approve the application has, without prejudice to a fair and objective assessment of the proposals, issues raised and representations received, sought to work with the applicant in a positive and proactive manner with the objective of delivering high quality sustainable development to improve the economic, social and environmental conditions of the area in accordance with the NPPF. (Statement in accordance with Article 35(2) of the Town and Country Planning (Development Management Procedure) (England) Order 2015.)

BACKGROUND PAPERS

Submitted application forms, plans supporting documents and subsequent information provided by the applicant.

The National Planning policy Framework (2012) National Planning Policy for Waste Sedgefield Borough Local Plan (1996) County Durham Waste Local Plan (2005) Statutory, internal and public consultation responses

Planning Services

1) Change of use to materials recycling facility (DM/15/03748/WAS)

2) 2) reuse of existing materials storage area (DM/15/03747/WAS)

Eldon Brickworks, Eldon Estates, Eldon, Bishop AucklandCommentsThis map is based upon Ordnance Survey material with the

permission o Ordnance Survey on behalf of Her majesty’s Stationary Office © Crown copyright.Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceeding.Durham County Council Licence No. 100022202 2005 Date April 2016 Scale Not to

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