Proposal: Change of use from commercial/light industrial use to a scrap metal recycling business (sui generis), erect two storey temporary office, single storey storage building, weighbridge with office and 3m screening (retrospective)

Applicant: Mr Shaun Rowley

Agent: Mr Glen Eldridge

 

Resolved:-

 

That planning permission be GRANTED subject to the following conditions:

 

01 The development hereby approved shall be retained and operated in accordance with the approved plans: GE2325/P01 Revision B, GE2325/P02.

 

Reason: To ensure the development is carried out in accordance with  thedevelopment plan.

 

02 The development hereby approved shall only operate during the following hours:

8am to 5pm Monday to Friday and 8am to 1pm on Saturday and not at all on

Sundays and Bank and Public Holidays.

 

Reason: To protect residential amenity and general environmental quality in accordance with the National Planning Policy Framework (2023), Core Strategy

(2007) Policies KP2 and CP4, and Policies DM1 and DM3 of the Development

Management Document (2015).

 

03 The use of the site subject of this permission shall cease, with the exception of

facilitating testing for a noise impact assessment, until such time that the mitigation measures, as detailed in the report ‘Acoustic Assessment of Waste Metal Processing Centre' by ACA Acoustics dated 3rd October (The Report) have been fully implemented at the site and the results of a post completion noise survey undertaken by a suitably qualified acoustic consultant have been submitted to and approved in writing by the Local Planning Authority. The post completion testing shall assess performance of the noise mitigation measures against the noise levels as set in The Report. Noise measurements for the assessment must be undertaken at the boundary of nearest noise sensitive dwelling in Jena Close. If the mitigation measures tested in the post-completion report prove to be insufficient, the use shall cease to operate until such time as additional noise mitigation measures (where necessary to ensure the appropriate noise levels can be met), have been submitted to and approved in writing by the Local Planning Authority and installed and tested prior to operation. The final noise mitigation measures must be retained and maintained thereafter for the lifetime of the development.

 

Reason: In the interests of resident amenities further to the National Planning

Policy Framework (2023), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007), and Policies DM1 and DM3 of the Southend-on-Sea Development

Management Document (2015).

 

04 The rating level of noise for all activities hereby approved at the site (including all

process operations) shall be limited to 10dB(A) below the background noise level measured and expressed as a LA90,15minutes from the boundary of the nearest residential property.

 

Reason: In the interests of residential amenities further to the National Planning

Policy Framework (2023), Policies KP2 and CP4 of the Southend-on-Sea Core

Strategy (2007), and Policies DM1 and DM3 of the Southend-on-Sea Development

Management Document (2015).

 

05 No processing of metal shall take place and no equipment that involves the use of cutting, grinding or crushing metal shall be used on site at any time.

 

Reason: In the interests of residential amenities further to the National Planning

Policy Framework (2023), Policies KP2 and CP4 of the Southend-on-Sea Core

Strategy (2007), and Policies DM1 and DM3 of the Southend-on-Sea Development

Management Document (2015).

 

06 No more than 2 containers shall be stacked vertically on any part of the site to

which this consent relates at any time. The total maximum height of any stacks of

containers at the site to which this consent relates shall not exceed 5.3m above the immediately adjacent ground level at any time. Any external storage of materials or waste shall not exceed 3m above the immediately adjacent ground level at any time.

 

Reason: To safeguard the character and appearance of the surrounding area in

accordance with Policy DM1 and DM3 of the Development Management Document

(2015) and Policies KP2 and CP4 of the Core Strategy (2007)

 

07 The use hereby approved shall cease and shall not operate unless within three months of the date of this decision, full details of refuse and recycling facilities for the development, including a waste management strategy, have been submitted to and approved in writing by the Local Planning Authority. The refuse and recycling facilities and waste management strategy shall be provided and made available for use at the site in accordance with the approved details within one month from approval of details pursuant to this condition and shall thereafter be retained for the lifetime of the development.

 

Reason: In the interests of residential amenities and environmental quality further

to the National Planning Policy Framework (2023), Policies KP2 and CP4 of the

Southend-on-Sea Core Strategy (2007), and Policies DM1 and DM3 of the Southend-on-Sea Development Management Document (2015).

 

08 The use hereby approved shall cease and shall not operate unless within three months of the date of this decision, full details of drainage systems on site and pollution management methods have been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented in accordance with the approved details within one month from approval of details

pursuant to this condition and shall be maintained as such thereafter in perpetuity.

 

Reason: To prevent flooding, drainage, environmental and amenity problems arising from the development, in accordance with Policies KP1 and KP2 of the Core Strategy (2007), and Policy DM14 of the Development Management Document (2015).

 

09 The use hereby approved shall cease and shall not operate unless and until the

recommendations, including the flood emergency response and evacuation plan for operation of the development, detailed in the Flood Risk Assessment by Evans Rivers and Coastal dated November 2023, have been implemented in full. The development shall solely be operated in accordance with these details of and maintained as such thereafter for its lifetime.

 

Reason: To reduce the risk of flooding to the proposed development and future

users in accordance with National Planning Policy Framework (2023) and Policies

KP1, KP2 and KP3 of the Core Strategy (2007).

 

10 The use hereby permitted shall cease and shall not operate unless within three months of the date of this decision, the 9 car parking spaces shown on the approved plan GE235/P01 Rev B have been fitted with electric vehicle charging infrastructure, at least 3 of them with active and the rest with passive infrastructure. The car parking spaces shall thereafter be retained, maintained and made available for use in association with the use of the site hereby approved.

 

Reason: To ensure that adequate off-street car parking is provided and retained

to serve the development in accordance with Policy CP3 of the Core Strategy

(2007), Policy DM15 of the Development Management Document (2015) and the

requirements of the Electric Vehicle Charging Infrastructure (EVCI) for new

development Supplementary Planning Document (SPD) (2021).

 

11 The use hereby permitted shall cease and shall not operate unless within three months of the date of this decision, full details of secure, covered cycle storage facilities for no fewer than 5 bicycles have been submitted to and approved in writing by the Local Planning Authority. The secure, covered cycle storage facilities shall be provided and made available for use at the site in accordance with the approved details within one month from the approval of details pursuant to this condition and shall be retained as approved for the lifetime of the

development.

 

Reason: To ensure that adequate cycle storage is provided and retained to serve

the development in accordance with Policy CP3 of the Core Strategy (2007) and

Policy DM15 of the Development Management Document (2015).

 

12 All existing external lighting shall be removed from site unless and until full details of all external lighting for the site have been submitted to and approved in writing by the Local Planning Authority. All external lighting shall be installed or retained solely in accordance with the approved details thereafter.

 

Reason: In the interests of the amenities of the area, in accordance with Policies

DM1 and DM3 of the Development Management Document (2015) and Policies

KP2 and CP4 of the Core Strategy (2007).

 

Positive and Proactive Statement:

 

The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern within the application (as originally submitted) and negotiating, with the Applicant, acceptable amendments to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework. The detailed analysis is set out in a report on the application prepared by officers.

 

Informatives:

 

1. You are advised that as the proposed extension(s) or change of use to your

property equates to less than 100sqm of new floorspace, and does not involve the

creation of a new dwelling (Class C3), the development benefits from a Minor

Development Exemption under the Community Infrastructure Levy Regulations

2010 (as amended) and as such no charge is payable. See the Planning Portal

(www.planningportal.co.uk/info/200136/policy_and_legislation/70/community_inf

rastructure_levy) or the Council's website (www.southend.gov.uk/cil) for further details about CIL.

 

2. You should be aware that in cases where damage occurs during construction

works to the highway in implementing this permission that Council will seek to

recover the cost of repairing public highways and footpaths from any party responsible for damaging them. This includes damage carried out when implementing a planning permission or other works to buildings or land. Please

take care when carrying out works on or near the public highways and footpaths in the City.

 

3. This permission does not convey any form of consent for external advertisement

signs, consent for which may be required under the provisions of the Town and Country Planning Advertisement Regulations.

 

4. If construction works are to be considered outside of normal hours especially

overnight or are expected to cause a nuisance to existing receptors, it is recommended that the applicant applies for a prior consent application under section 61 of the Control of Pollution Act 1974. A consent enables the applicant to conduct the works without the worry of enforcement provided they comply with it. The applicant will have to submit details of any noisy works including type of plant and machinery to be used, proposed daily start and finish times, consultation with nearby residents and businesses and duration and time scales of the works. The applicant will need an acoustically qualified person who will be able to calculate the predicted noise levels form the operation and the impact on nearby residents and then be able to evaluate mitigation measures that can be used.

 

If the Council becomes aware of any works that are highly likely to cause a nuisance they can serve a notice under section 60 of the Control of Pollution Act 1974 to prevent this. A breach of this will represent a criminal offence.

 

The application form and guidance is available on the Southend-On-Sea City Council website. The applicant can also contact the Regulatory Services Team at Southend-on-Sea City Council for details.

 

5. The applicant is reminded that this permission does not bestow compliance with

other regulatory frameworks. In particular, your attention is drawn to the statutory nuisance provisions within the Environmental Protection Act 1990 (as amended) and the noise provisions within the Control of Pollution Act 1974. Applicants should contact the Council’s Regulatory Services Officer in Environmental Protection for more advice on 01702 215005 or at Regulatory Services, Southend-on-Sea City Council, Civic Centre, Victoria Avenue, Southend SS2 6ER.

 

6. The applicant may need an environmental permit for flood risk activities if they

want to do work in, under, over or within 8 metres (m) from a fluvial main river and

from any flood defence structure or culvert or 16m from a tidal main river and from

any flood defence structure or culvert. Application forms and further information can be found at: https://www.gov.uk/guidance/flood-risk-activities-environmental-permits . Anyone carrying out these activities without a permit where one is required, is breaking the law.

 

7. Maintenance of the area close to and within the watercourse, out to the centreline

of the channel, is a riparian responsibility and you will find more details about this

in the Environment Agency’s ‘Living on the Edge’ document which can be found

at:http://www.environment-agency.gov.uk/homeandleisure/floods/31626.aspx

 

8. The architect or applicant is reminded that additional water supplies for firefighting may be necessary for this development. The architect or applicant should contact Water Section at Service Headquarters, 01376 576000.

 

9. There is clear evidence that the installation of Automatic Water Suppression

Systems (AWSS) can be effective in the rapid suppression of fires. Essex County

Fire & Rescue Service (ECFRS) therefore uses every occasion to urge building owners and developers to consider the installation of AWSS. ECFRS are ideally placed to promote a better understanding of how fire protection measures can reduce the risk to life, business continuity and limit the impact of fire on the environment and to the local economy. Even where not required under Building Regulations guidance, ECFRS would strongly recommend a risk-based approach to the inclusion of AWSS, which can substantially reduce the risk to life and of property loss. ECFRS also encourage developers to use them to allow design freedoms, where it can be demonstrated that there is an equivalent level of safety and that the functional requirements of the Regulations are met.

 

10. The applicant must assess whether the operation requires a permit under the

Environmental Permitting (England and Wales) Regulations 2016 or any other Environmental Permit or Exemption. Details on process qualifications and applications can be found online. If you think the operations requires a permit please contact Southend-On-Sea City Council or the Environment Agency.