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.
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:
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.
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.