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Veolia 2013-Council planning conditions

Conditions for Veolia's
Materials Recovery Facility and Waste Transfer Station


There were originally 53 conditions when planning permission was granted on 19th June 2006.

On 19 October 2011, after several of the time-limited conditions had been discharged, Brighton and Hove City Council reduced the 53 conditions to the 23 conditions which appear in the list below.

Are you suffering from Veolia's odour, noise &/or fugitive particles To know whether Veolia is in breach of the conditions set when planning permission for the WTS and MRF was granted, local residents need to know what these conditions are.

Unfortunately, following a decision on application BH2013/02219 made by the the Planning Committee (5 IN FAVOUR, 4 AGAINST, 3 ABSTENTIONS) at their meeting on Wednesday 7th August 2013, the conditions relating to reasonable hours of operation were (all but) scrapped.

The Environment Agency, not The Council report an incident on 0800 80 70 60 (Freephone, 24 hour service) should you experience problems
Residents suffering unreasonable noise / odour / dust levels during daylight hours, would be better to ignore the 23 Council planning conditions (with the exception of Conditions 10 & 11) in the list below. During daylight hours, the key to holding Veolia to be a reasonable neighbour is the terms of its operating licence, enforced not by The Council, but by The Environment Agency. See what this licence says in relation to noise, odour & fugitive particles and contact The Environment Agency's incident hotline - report an incident on 0800 80 70 60 (Freephone, 24 hour service) - should you experience problems

Only seek The Council's help with 'beeps' & 'open doors'

In the list of conditions which Brighton and Hove City Council can still enforce, Conditions 10 (requiring a "smart" form of reversing alarm) and Condition 11 (WTS & MRF doors to remain closed except to enable the ingress and egress of vehicles) continue to define breaches of planning permission.

Conditions RE respite from noise scrapped
In 2013 (in the face of over 100 written objections to the Council by Round Hill residents) considerable changes were made to conditions 3, 4, 5 and 6, rendering them effectively useless. The original conditions limited Veolia's operation of the Waste Transfer Station and Materials Recovery Facility to offer periods of respite (mainly from industrial noise) to nearby residents e.g. a quiet Sunday or Bank holiday in the garden. Allowing operation for 15 hours per day on 363 days in the year effectively removes any protection for residents altogether, so it is perhaps somewhat misleading that the conditions are still there If Carelet ever installs six homes and gardens 26 metres from the Waste Transfer Station, there would still be 7 hours of sleeping-time during the night which would be free from loud industrial noise, though bedrooms facing Hollingdean Depot would not have opening windows since the noise kicks off again very early 363 mornings per year.

List of 23 Conditions
Note that Condition 21 was scrapped in 2013 (BH2013/02219)
The changes to conditions 3, 4, 5, & 6 have been inserted

1 The materials recovery facility and waste transfer station hereby permitted shall not exceed a combined recyclable materials and waste throughput capacity of more than 160,000 tonnes per annum and annual monitoring evidence shall be submitted to demonstrate this, and to demonstrate that the associated vehicular trips do not exceed the total stated in the Transport Assessment as approved by the Local Planning Authority under Planning reference BH2006/00900 dated 19/06/2006.

Reason: The Environmental Statement submitted with the application is based on this throughput and the Local Planning Authority would wish to maintain control over future operation of the site in the interests of amenity and traffic management, to comply with policies QD27 and TR1 of the Brighton and Hove Local Plan and WLP1 and WLP35 of the East Sussex and Brighton and Hove Waste Local Plan.

2 Upon first arrival at the waste transfer station building, residual waste stored within the building shall not be stored for a period of longer than 72 hours unless otherwise first agreed in writing by the Local Planning Authority.

Reason: In the interests of amenity, to comply with policy QD27 of the Brighton and Hove Local Plan and WLP1 and WLP35 of the East Sussex and Brighton and Hove Waste Local Plan.

3 Recyclable materials shall only be received and processed materials shall only be removed from the Materials Recovery Facility building between the hours of 07.00 to 19.00 Monday to Friday, 07.30 and 16.00 on Saturdays following a Bank Holiday and not at anytime on Sundays or Bank Holidays unless first agreed in writing by the Local Planning Authority. Internal start-up and shut-down operations within the Materials Recovery Facility building shall not extend beyond 30 minutes either side of these hours

Change to condition 3 after BH2013/02219 was granted
Later closure (07.00 - 22.00 hrs) and extend operation to Saturdays, Sundays & Bank Holidays


The closing time of the Materials Recovery Facility has now been extended from 19.00 hours to 22.00 hours on Monday to Friday.

The receipt, handling and removal of recyclables is now permitted on Saturdays, Sundays and Bank Holidays between 07.00 hours and 22.00 hours.

Reason (note for original 2006 condition): To protect the amenity of the occupiers of nearby residential properties and the amenity of the locality in general, to comply with policies QD27 and SU10 of the Brighton and Hove Local Plan and WLP1 and WLP35 of the East Sussex and Brighton and Hove Waste Local Plan.

4 With the exception of vehicles and activities associated with the handling of street cleansing waste and communal bins, waste materials shall only be received, handled and removed from the Waste Transfer Station between the hours of 06.30 to 18.30 Monday to Friday, 07.30 and 16.00 on Saturdays following a Bank Holiday and not at anytime on Sundays or Bank Holidays unless first agreed in writing by the Local Planning Authority.

Change to condition 4 after BH2013/02219 was granted

Later closure (07.00 - 22.00 hrs) and extend operation to Saturdays, Sundays & Bank Holidays


The closing time of the Waste Transfer Station should be extended from 18.30 hours to 22.00 hours on Monday to Friday.

The receipt, handling and removal of waste materials is now permitted on Saturdays, Sundays and Bank Holidays between 07.00 hours and 22.00 hours.

Reason (note for original 2006 condition): To protect the amenity of the occupiers of nearby residential properties and the amenity of the locality in general, to comply with policies QD27 and SU10 of the Brighton and Hove Local Plan and WLP1 and WLP35 of the East Sussex and Brighton and Hove Waste Local Plan.

5 Waste materials associated with communal bins shall only be received and handled by the Waste Transfer Station between the hours of 06.00 - 22.00 hours Monday to Saturdays and not at and not at anytime on Sundays or Bank Holidays and a maximum of 24 loads only shall be deposited per day except where these times/number of loads are otherwise agreed in writing by the Local Planning Authority.

Change to condition 5 after BH2013/02219 was granted

Extend operating days (06.30 - 22.00 hrs) to Sundays & Bank Holidays


Reason (note for original 2006 condition): To protect the amenity of the occupiers of nearby residential properties and the amenity of the locality in general, to comply with policies QD27 and SU10 of the Brighton and Hove Local Plan and WLP1 and WLP35 of the East Sussex and Brighton and Hove Waste Local Plan.

6 Waste materials and activities associated with the handling of street cleansing waste shall be restricted to a maximum of 15 loads per day except where such operations are required in connection with major events and festivals.

Change to condition 6 after BH2013/02219 was granted

Operating hours (06.30 - 22.00 hrs) extended to Sundays & Bank Holidays


Reason: To protect the amenity of the occupiers of nearby residential properties and the amenity of the locality in general, to comply with policies QD27 and SU10 of the Brighton and Hove Local Plan and WLP1 and WLP35 of the East Sussex and Brighton and Hove Waste Local Plan.

7 Noise associated with fixed plant and machinery incorporated within the development shall be controlled such that the Rating Level, measured or calculated at 1m from the façade of the nearest existing noise sensitive premises, shall not exceed a level 5 dB(A) below the existing LA90 background noise level. Rating Level and existing background noise levels to be determined as per the guidance provided in BS 4142:1997.

Reason: To protect the amenity of the occupiers of nearby residential properties and the amenity of the locality in general, to comply with policies QD27 and SU10 of the Brighton and Hove Local Plan and WLP1 and WLP35 of the East Sussex and Brighton and Hove Waste Local Plan.

8 The sum level of noise emitted by the operation of the materials recovery facility and waste transfer station measured at the receptors shall be in accordance with predicted levels shown in the results of the noise assessment in the Environment Statement, chapter 9, fig 9.6 (ref. Environmental Statement Proposed Materials Recovery Facility & Waste Transfer Station produced by Terence O'Rourke on behalf of Onyx (Veolia) Report No. 1578.12m dated March 2006 as approved by the Local Planning Authority under Planning reference BH2006/00900 dated 19 June 2006. An acoustic report shall be provided demonstrating compliance with this condition within 3 months of this permission, or within a time period agreed by the Local Planning Authority. The parameters and scope of this acoustic report shall be agreed with the Local Planning Authority. If the report shows noncompliance with the predicted levels in the Environmental Statement then details of further mitigation measures shall be submitted and agreed in writing to the Local Planning Authority and implemented.

Reason: To protect the amenity of the occupiers of nearby residential properties and the amenity of the locality in general, to comply with policies QD27 and SU10 of the Brighton and Hove Local Plan and WLP1 and WLP35 of the East Sussex and Brighton and Hove Waste Local Plan.

9 No vehicles or machinery required for the operation of facilities in control of the operator of the development shall be used on site unless fitted with silencers maintained in accordance with the manufacturers' recommendations and specification.

Reason: To protect the amenity of the occupiers of nearby residential properties and the amenity of the locality in general, to comply with policies QD27 and SU10 of the Brighton and Hove Local Plan and WLP1 and WLP35 of the East Sussex and Brighton and Hove Waste Local Plan.

10 Unless otherwise agreed in writing, all vehicles or machinery associated with the waste facility use of the site under the control of the operator of the development, shall be fitted with a "smart" form of reversing alarm in accordance with the details approved by Local Planning Authority by letter dated 12 August 2008 and retained as such thereafter.

Reason: To protect the amenity of the occupiers of nearby residential properties and the amenity of the locality in general, to comply with policies QD27 and SU10 of the Brighton and Hove Local Plan and WLP1 and WLP35 of the East Sussex and Brighton and Hove Waste Local Plan.

11 All vehicle access doors to the Waste Transfer Station and Materials Recovery Facility shall remain closed except to enable the ingress and egress of vehicles.

Reason: To protect the amenity of the occupiers of nearby residential properties and the amenity of the locality in general, to comply with policies QD27, SU9 and SU10 of the Brighton and Hove Local Plan and WLP1 and WLP35 of the East Sussex and Brighton and Hove Waste Local Plan.

12 No materials shall be burnt on site.

Reason: To protect the amenity of the occupiers of nearby residential properties and the amenity of the locality in general, to comply with policies QD27 and SU9 of the Brighton and Hove Local Plan and WLP1 and WLP35 of the East Sussex and Brighton and Hove Waste Local Plan.

13 All loading, unloading, sorting and bulking activities shall occur within the Waste Transfer Station and Materials Recovery Facility buildings and no waste material shall be stored or tipped on to the ground for storage purposes, sorting or loading onto skips outside the buildings.

Reason: To protect the amenity of the occupiers of nearby residential properties and the amenity of the locality in general, including visual amenity, to comply with policies QD27, SU9, SU10 and QD1 of the Brighton and Hove Local Plan and WLP1, WLP35 and WLP39 of the East Sussex and Brighton and Hove Waste Local Plan.

14 Unless otherwise agreed in writing, the scheme for the suppression of dust and odour from the operations shall be carried out in accordance with the details approved by Local Planning Authority by letter dated 18 February 2008 and retained as such thereafter.

Reason: To protect the amenity of the occupiers of nearby residential properties and the amenity of the locality in general, to comply with policies QD27 and SU9 of the Brighton and Hove Local Plan and WLP1 and WLP35 of the East Sussex and Brighton and Hove Waste Local Plan.

15 Any trees, shrubs or hedges planted in accordance with the details approved by Local Planning Authority by letter dated 6 May 2008 which are removed, die, become severely damaged or become seriously diseased within 5 years of planting shall be replaced within the next planting season by trees, shrubs or hedging plants of similar size and species to those originally required to be planted.

Reason: To ensure there is satisfactory landscaping and highway provision to serve the development in the interests of visual amenity and to prevent pedestrian/vehicular conflict and enhance ecology, to comply with policies QD1, QD15, QD16, QD17 TR1, TR7 and TR8 of the Brighton & Hove Local Plan and WLP1, WLP35 and WLP39 of the East Sussex and Brighton and Hove Waste Local Plan.

16 No trees, shrubs or hedges within the site, in accordance with the details as approved by the Local Planning Authority under Application reference BH2006/00900 dated 19 June 2006, which are shown as being retained , shall be felled, uprooted, wilfully damaged or destroyed, cut back in any way or removed without the prior written consent of the Local Planning Authority. Any trees, shrubs or hedges removed without such consent, or which die or become severely damaged or seriously diseased within 5 years from the completion of the development hereby permitted shall be replaced with trees, shrubs or hedge plants of similar size and species unless the Local Planning Authority gives written consent to any variation.

Reason: To ensure there is satisfactory landscaping to serve the development in the interests of visual amenity and to enhance ecology, to comply with policies QD1, QD15, QD16 and QD17 of the Brighton & Hove Local Plan and WLP1,WLP35 and WLP39 of the East Sussex and Brighton and Hove Waste Local Plan.

17 Any plants planted in relation to the "green roof", in accordance with the details approved by Local Planning Authority by letter dated 5 March 2007, that die or become severely damaged or seriously diseased within 5 years of planting shall be replaced with those of a similar species.

Reason: To enhance and integrate nature conservation features within the site, in accordance with policy QD17 of the Brighton & Hove Local Plan and WLP1 and WLP35 of the East Sussex and Brighton and Hove Waste Local Plan.

18 Any plants planted in relation to the "green wall" in accordance with the details approved by Local Planning Authority by letter dated 6 May 2008, that die that die or become severely damaged or seriously diseased within 5 years of planting shall be replaced with a similar species.

Reason: To enhance and integrate nature conservation features within the site, and to give visual interest and soften the appearance of the development, in accordance with policies QD1, QD5 and QD17 of the Brighton & Hove Local Plan and WLP1, WLP35, WLP39 and WLP40 of the East Sussex and Brighton and Hove Waste Local Plan.

19 The permanent public art display hereby approved shall be carried out in strict accordance with drawings no. LD1, LP1, NTS 7, RL1, Planning Statement,

"Expression of Interest", "Shortlist Submission" "Development Details",

"Jointing/fixing Technique" "Dibond Technical Brochure" and RGB Flexible Lighting Module" received 19 October 2011 and shall be installed within 12 months of this permission. The public art display shall thereafter be permanently retained as such.

Reason: To give visual interest and soften the appearance of the development and to partly meet the demand for public art within the scheme, in accordance with policies QD1, QD5 and QD6 of the Brighton & Hove Local Plan and WLP1, WLP35, WLP39 and WLP40 of the East Sussex and Brighton and Hove Waste Local Plan.

20 All areas where waste is stored, handled or transferred shall be underlain by impervious hardstanding with dedicated drainage to a foul sewer or sealed tank.

Reason: To prevent pollution of the water environment to comply with policy SU3 of the Brighton and Hove Local Plan and WLP1, WLP35 and WLP38 of the East Sussex and Brighton and Hove Waste Local Plan.

21 No material shall be deposited at the site other than clean, uncontaminated naturally occurring excavated material, brick and concrete rubble only.

Reason: To prevent pollution of the water environment to comply with policy SU3 of the Brighton and Hove Local Plan and WLP1, WLP35 and WLP38 of the East Sussex and Brighton and Hove Waste Local Plan.

22 Prior to being discharged into any watercourse, surface water sewer or soakaway all surface water drainage shall be passed through an oil bypass interceptor designed and constructed to have a capacity compatible with the site being drained. Roof water shall not pass through the interceptor. Reason: To prevent pollution of the water environment and reduce flood risk to comply with policy SU3 of the Brighton and Hove Local Plan and WLP1, WLP35 and WLP38 of the East Sussex and Brighton and Hove Waste Local Plan.

23 No soakaway shall be constructed in contaminated ground.

Reason: To prevent pollution of groundwater to comply with policy SU3 of the Brighton and Hove Local Plan and WLP1, WLP35 and WLP38 of the East Sussex and Brighton and Hove Waste Local Plan.

Informatives

1. This decision is based on

LP1, RL1, 51115_Holl_MRFWTS (01), 051115_Holl_MRFWTS (02-01), 1115_Holl_MRFWTS (02-02),051115_Holl_MRFWTS (04), 051115_Details(05),051115_MRF (06), 051122_Holl_Circulation (07), 051122_Holl_Circulation (08), 51123_elev_land (11), 11650_ENV_001 Rev C, 157812M/LA/SK/003 Rev B, 157812M/LA/SK/004 Rev C and 051126_Holl_cottage (12) and

Environmental Statement including Technical Appendices and Non-Technical Summary, Supporting Statement, Lighting Scheme, Design

Statement, Sustainability Statement, Transport Assessment, Alternative Sites Assessment, Arboricultural Survey Report, BPEO Compliance reports

(Strategic and Site Specific), Illustrative Material and Road Safety Audit submitted on 20th March 2006, Planning Application Consultations

Responses (letters and attachments) submitted on 31st May and 2nd June 2006 and Scott Wilson Energy Survey submitted on 2nd June 2006 and drawing no. 060526_Holl_Offices Rev 4 submitted on 2nd June 2006, details in relation to "smart" reversing alarm, landscaping, green roof, greenwalls as detailed and approved in the conditions above, and drawings no. LD1, LP1,NTS 7, RL1, Planning Statement, "Expression of Interest", "Shortlist Submission" "Development Details", "Jointing/fixing Technique" "Dibond Technical Brochure" and RGB Flexible Lighting Module" received 19 October 2011.

2. This decision to grant Planning Permission has been taken

(i) having regard to the policies and proposals in the Brighton and Hove Local Plan set out below, including Supplementary Planning Guidance and Supplementary Planning Documents:

East Sussex and Brighton and Hove Waste Local Plan:

WLP1 - The Plans strategy

WLP35 - General amenity considerations

WLP38 - Surface and groundwater

WLP39 - Design considerations

WLP40 - Environmental improvements and other benefits

Brighton and Hove Local Plan:

TR1 - Development and the demand for travel

TR7- Safe development

TR8 - Pedestrian routes

SU3 - Water resources and their quality

SU9 - Pollution and nuisance control

SU10 - Noise nuisance

QD1 - Design - quality of development and design statements

QD5 - Design - street frontages

QD6 - Public art

QD15 - Landscape design

QD16- Trees and hedgerows

QD17 - Protection and integration of nature conservation features

QD27 - Protection of amenity; and

(ii) for the following reasons:-

The proposed variation of condition and art installation in this location would improve the visual appearance of the existing building and the amenity of the surrounding area. There would be no adverse impact on highway or pedestrian safety. The proposal is considered to be in accordance with Development Plan policies.

Dated this 18 January 2012

Martin Randall

Head of Service

Planning and Public Protection

NOTICE is given that Section 35 of the East Sussex Act 1981 may apply to this

development. This gives Local Authorities the power to reject applications deposited

under the Building Regulations, unless after consultation with the fire authority they are satisfied that the plans show adequate means of access for the fire service.

NOTE: This decision does not give approval of plans for the purposes of the Building

Regulations 1991. If an application for such approval has been made a decision has or will be given separately.

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