Agenda item

That the application be deferred to consider (i) potential issues regarding the Rights of Way; (ii) potential issues with traffic improvement and proposed Grampian conditions; (iii) clarification of need for the facility; and (iv) clarification of the hours of operation.

The Committee considered the report of the Chief Officer (Planning and Environment) in respect of this application.  The usual consultations had been undertaken and the responses received detailed in the report.  Additional comments received since the preparation of the report were circulated at the meeting including officer agreement to the removal of Condition 10.

The officer explained that the application comprised three main elements - a construction and demolition waste facility, a commercial/industrial waste facility and a contaminated soil treatment facility, accompanied by an environmental statement.  She summarised the responses to the comments and concerns raised, included in the late observations, and clarified the restriction of permitted development rights in Condition 4, noting that there was a risk of this being appealed by the applicant.  The officer considered adequate controls to be in place and recommended approval of the application subject to the Conditions set out.

On behalf of the Ramblers’ Association, Mr. H. White spoke against the application on the following grounds: that greater consideration be given to path users from the unacceptable impact of lorry traffic on the public path forming access to the site on safety and amenity grounds; no proposed mitigation measures to safeguard path users; questions over whether changes previously made to the access track had received planning permission; and inconsistencies in the report (dealt with in the late observations) such as the possible need for a temporary closure order and no reference to Welsh Government guidance on Public Rights of Way.  For these reasons, Mr. White suggested that the report either be refused due to the impact on path users, deferred for a site visit or for further negotiation to provide an adequate route for the public path.

In an attempt to encourage debate, Councillor Gareth Roberts moved the officer recommendation for approval.

Councillor Derek Butler proposed that the item be deferred on the grounds of exploring all available options for the path.  This was seconded by Councillor Chris Bithell who supported the suggestion for deferral for a site visit.

Councillor Carol Ellis sought the opportunity to speak on the item and was permitted to do so by the mover and seconder.  She supported the objections raised by Mr. White and felt that a further reason for deferral would be to clarify highway implications which were highly dependent on a third party, Parry’s Quarry, whose environment permit had been refused.

Councillor Richard Jones felt that the application should demonstrate the need for a commercial and industrial material recovery facility due to similar facilities nearby.

Councillor Richard Lloyd supported deferral, citing the lack of information on operating hours.

In response, the officer explained the purpose of imposing a Grampian style condition which prohibited the start of works on site until the highway improvements were completed and approved, whether by the applicant or Parry’s Quarry.  Need for the facility had been demonstrated through the waste planning assessment which complied with national guidance, and changes to operating hours were set out in the proposed conditions to protect amenity.  As this was a recycling facility, any insufficient waste available would mean a reduction in use of the site.

The Chief Officer clarified Members’ reasons for deferral to allow for a site visit to view the impacts on Rights of Way, clarity on the need for the facility and hours of operation together with clarity on highway improvements which would be fully explained in the follow-up report.

In response to comments from Councillor Ellis on the proposed dust and noise schemes within the conditions, the Chief Officer said that full details would be considered when those schemes were submitted at a later stage in the process.

Councillors Butler and Bithell confirmed their agreement with the reasons outlined by the Chief Officer.

On being put to the vote, the proposal to defer the application was carried.

RESOLVED:

That the application be deferred to consider (i) potential issues regarding the Rights of Way; (ii) potential issues with traffic improvement and proposed Grampian conditions; (iii) clarification of need for the facility; and (iv) clarification of the hours of operation.