Agenda and minutes

Planning Committee - Tuesday, 7th January, 2020 10.30 am

Venue: County Hall, Chichester

Contact: Tracey Guinea on 033 022 28679  Email:  tracey.guinea@westsussex.gov.uk

Media

Items
No. Item

11.

Declarations of Interest

Members and officers must declare any pecuniary or personalinterest in any business on the agenda. They should also make declarations at any stage such an interest becomes apparent during the meeting. Consideration should be given to leaving the meeting if the nature of the interest warrants it.  If in doubt please contact Democratic Services before the meeting.

Additional documents:

Minutes:

11.1        In accordance with the County Council’s code of the conduct, there were no declarations of interest made by Committee members.

 

12.

Minutes of the last meeting of the Committee pdf icon PDF 251 KB

The Committee is asked to agree the minutes of the meeting held on 9 July 2019 (cream paper).

 

Additional documents:

Minutes:

12.1     Resolved – that the minutes of the meeting held on 9 July 2019 be approved and signed by the Chairman as a correct record.

 

13.

Urgent Matters

Items not on the agenda which the Chairman of the meeting is of the opinion should be considered as a matter of urgency by reason of special circumstances.

Additional documents:

Minutes:

13.1   There were no urgent matters.

 

14.

Waste Planning Application accompanied by an Environmental Statement (County Matter) pdf icon PDF 372 KB

Report by Head of Planning Services.

 

To consider and determine the following application:

 

WSCC/050/19      Installation and Operation of a Soil Heat Treatment Facility.  Brookhurst Wood, Langhurstwood Road, Horsham, West Sussex, RH12 4QD.

 

Additional documents:

Minutes:

WSCC/050/19      Installation and Operation of a Soil Heat Treatment Facility.  Brookhurst Wood, Langhurstwood Road, Horsham, West Sussex, RH12 4QD.

 

14.1   The Committee considered a report by the Head of Planning Services, as amended by the agenda update sheet (copy appended to the signed copy of the minutes).  The report was introduced by Jane Moseley, County Planning Manager, who gave a presentation on the proposals, details of the consultation and key issues in respect of the application.  It was clarified that the table in 9.7 of the committee report is incorrect and should read as follows:

Hazardous Waste Management in West Sussex (tonnes)

Year

Arisings

Exports

Imports

2016

39,610

21,407

11,293

2017

42,718

21,917

11,979

 

14.2   Mr Brian Johnson, representing Langhurstwood Road Residents Group spoke in objection to the application, asking the Committee to note that any relevant comments also apply to application WSCC 051/19.  The number of planning permissions granted over the last 10 years has caused ever increasing numbers of HGVs and other vehicles on Langhurstwood Road, affecting residents.  The bigger picture is never considered.  Reassurances made some years ago about limits on HGV movements by operators at Brookhurst Wood have not been kept because more planning applications have had more vehicle movements allowed.  There is no need for the 19% increase of 75 HGV movements (15 for WSCC/050/19 and 60 for WSCC/051/19).  There is headroom in the 392 movements for the Biffa Mechanical Biological Treatment facility (MBT) on the same site because the tonnage throughput has reduced at the facility by 26% due to the success of recycling, and also because Biffa has published that it expects HGV movements relating to the landfill to reduce.  However, Biffa has refused to compromise on the requested HGV movements for this application and for application WSCC/051/19.

 

14.3   Mr James Stewart-Irvine, Planning Manager at Biffa spoke in support of the application, asking the Committee to note that any relevant comments also apply to application WSCC 051/19.  The waste management industry has shifted away from landfill to recycling, recovery and reuse.  Applications WSCC/050/19 and WSCC/051/19 will enable a more diverse range of materials to be collected, separated, processed and reused, enabling the movement of waste up the waste hierarchy.  The application site is in the wider Brookhurst Wood waste management complex which is allocated for such use.  There are currently no facilities in West Sussex to manage hazardous soil.  The need for the facility is established.  All technical and environmental aspects have been considered including impacts from wider development in the locality.  The site will operate in accordance with an Environmental Permit to control pollution.  Objections including concerns about traffic are acknowledged and proposed conditions restricting HGV movements have been accepted.

 

14.4   Mr Peter Catchpole, local member for Holbrook spoke on the application, asking the Committee to note that any relevant comments also apply to application WSCC 051/19.  North Horsham and Langhurstwood Road have suffered ever increasing HGV traffic due to not only Brookhurst Wood but also other industrialisation in the locality.  ...  view the full minutes text for item 14.

15.

Waste Planning Application accompanied by an Environmental Statement (County Matter) pdf icon PDF 255 KB

Report by Head of Planning Services.

 

To consider and determine the following application:

 

WSCC/051/019   Installation and Operation of a Soil Washing Facility.  Brookhurst Wood, Langhurstwood Road, Horsham, West Sussex, RH12 4QD.

 

Additional documents:

Minutes:

WSCC/051/19      Installation and Operation of a Soil Washing Facility.  Brookhurst Wood, Langhurstwood Road, Horsham, West Sussex, RH12 4QD.

 

15.1   The Committee considered a report by the Head of Planning Services, as amended by the agenda update sheet (copy appended to the signed copy of the minutes).  The report was introduced by Jane Moseley, County Planning Manager, who gave a presentation on the proposals, details of the consultation and key issues in respect of the application.

 

15.2   The Committee noted that comments made by the following speakers on application WSCC/050/19 also apply to this application, where relevant:

·      Mr Brian Johnson, representing Langhurstwood Road Residents Group who spoke in objection, as noted in minute 14.3 above;

·      Mr James Stewart-Irvine, Planning Manager at Biffa who spoke in support, as noted in minute 14.4 above, and

·      Mr Peter Catchpole, local member for Holbrook who spoke on the application, as noted in minute 14.5, above.

 

15.3   The Committee also noted that where Planning Officers provided clarification on points raised by speakers on application WSCC/050/19 as noted in minute 14.5 above these also apply, where relevant, to this application.

 

15.3  The Committee also noted that points made by the Committee and responses provided by the Planning Officers and Legal Officers during debate on application WSCC/050/19 as noted in minute 14.6 above these also apply, where relevant, to this application.  It was clarified that in reference to ‘Need for additional HGV movements per day’ this can be also read as 60 HGV movements per day for this application.

 

15.4  During the debate the Committee raised the points below and clarification was provided by the Planning Officers and Legal Officers, where appropriate:

 

Warnham Parish council

Points raised – Surprise was expressed that there has been no objection from Warnham Parish Council.

Response – None required.

 

Residential Amenity

Points raised – The application site is quite a distance from residential properties and, therefore, there should be minimal impact from noise.  Because of HGV routing a small number of properties would be impacted by the proposed additional HGV movements.

Response – None required.

 

Drainage

Point raised – It may need to be specified that bunding is required to the south of the site to prevent pollution run off from stockpiles.

Response – Responses which were given in relation to application WSCC/050/19 under ‘Drainage – prevention of pollution outside the application site’ also apply in this case.  The operator must ensure under both planning and Environmental Permitting that spillage onto adjacent sites does not occur.  The scheme of surface water drainage, as specified in Condition 7 – Surface Water Drainage Scheme, will provide detailed specifications.

 

Stockpiles (specific to this application only)

Points raised – Is there a requirement to separate stockpiles of hazardous and non-hazardous waste?  Concern was raised over the lack of control of the height of stockpiles.  Restrictions may be necessary to prevent dust blow-off with its potential to impact on the environment and residential amenity.

Response – Stockpiles of hazardous and non-hazardous waste will  ...  view the full minutes text for item 15.

16.

Waste Planning Application (County Matter) - Certificate of Lawful Development pdf icon PDF 265 KB

Report by Head of Planning Services.

 

To consider and determine the following application:

 

WSCC/070/19      Certificate of Lawful Development for an existing use or operation or activity: the importation, deposit, re-use and recycling of waste material and use of land for storage purposes.  Land at Bolney Park Farm, Broxmead Lane, Bolney RH17 5RJ.

 

Additional documents:

Minutes:

WSCC/070/19      Certificate of Lawful Development for an existing use or operation or activity: the importation, deposit, re-use and recycling of waste material and use of land for storage purposes.  Land at Bolney Park Farm, Broxmead, Bolney RH17 5RJ.

 

16.1   Mrs Dennis stepped down from the Committee for the duration of the application in order to speak as local member on the application.

 

16.2   The Committee considered a report by the Head of Planning Services, as amended by the agenda update sheet (copy appended to the signed copy of the minutes).  The report was introduced by Jane Moseley, County Planning Manager who gave a presentation on the application, details of the consultation, evidence provided by the applicant and evidence from the County Council and the key issues in respect of the application. 

 

16.3   Mrs Joy Dennis, local member for Hurstpierpoint and Bolney spoke on the application.  Concern was raised about the impact of this site and other similar sites that are in her division and also across West Sussex.  This type of operation appears to be on the increase with numerous small landowners being approached to allow their land to be used to effectively dump waste without planning permission.  Many of these sites are small so they avoid enforcement by the County Council.  Concerns was raised in relation to all of these types of sites, including this application site, about  visual impacts on the countryside and the impacts on ecology, and also the increased potential for flooding problems.

 

16.4  During the debate the Committee raised the points below and clarification was provided by the Planning Officers and Legal Officers, where appropriate:

 

Site Operator

Points raised – It is noted that the site operator has not elected to speak on the application to state why they believe the application should be approved.  As such, on the balance of probabilities, this application should be refused.

Response -  None required. 

 

Environmental Permits

Points raised – Have Environmental Permits been granted at any point during the 10-year period?

Response – Some years ago an exemption was granted for under 500 tonnes of inert waste to held on the site when it was a construction compound.  It is understood that the Environment Agency is currently looking at enforcement action in relation to the site.

 

16.5  The substantive recommendation was proposed by Mr Patel and seconded by Lt. Cdr. Atkins and was put to the Committee and approved by a majority.

 

16.6   Resolved – That a Certificate of Lawful Development be refused for the reasons set out in Appendix 1 of the report.

 

17.

Update on Mineral, Waste and Regulation 3 Planning Applications pdf icon PDF 143 KB

Report by Strategic Planning, County Planning Manager.

 

To note the schedule of County Matter applications and the schedule of applications submitted under the Town and Country Planning General Regulations 1992 – Regulation 3.

Additional documents:

Minutes:

17.1   The Committee received and noted a report by the Head of Planning Services on applications awaiting determination (copy appended to the signed minutes) detailing the schedule of County Matter applications and the schedule of applications submitted under the Town and Country Planning General Regulations 1992 – Regulation 3.

 

18.

Report of Delegated Action pdf icon PDF 110 KB

Report by Strategic Planning, County Planning Manager.

 

To note the report of applications approved subject to conditions under the Town and Country Planning Act 1990 and Regulation 3 of the Town and Country Planning General Regulations 1992 since the Planning Committee meeting on
9 July 2019.

 

Additional documents:

Minutes:

18.1  The Committee received and noted a report by the Head of Planning Services (copy appended to the signed minutes) applications approved subject to conditions under the Town and Country Planning Act 1990 and Regulation 3 of the Town and Country Planning General Regulations 1992 since the Planning Committee meeting on 9 July 2019.

 

19.

Date of Next Meeting

The next meeting of the Planning Committee will be held at 10.30 a.m. on Tuesday, 4 February 2020.

Additional documents:

Minutes:

19.1  The following scheduled meeting of Planning Committee will be on Tuesday, 4 February 2020 at 10.30 a.m. at County Hall, Chichester.