Planning Conditions for Hollingdean Depot
Conditions for Veolia's
Materials Recovery Facility and Waste Transfer Station
To know whether Veolia is in breach of the conditions set when planning permission for the WTS and MRF was granted, local residents, who are suffering
the nuisances caused by odour, noise and fugitive particles, need to know what these conditions are.
The link to The Plans List on the Council website, which I previously provided, no longer displays an uploaded page. It has therefore been necessary to publish these conditions on The Round Hill Society's website (below), lest they be forgotten:
Conditions for application number: BH2006/00900
Condition 1
The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.
Condition 2
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 submitted Transport Assessment.
Condition 3
The Waste Transfer Station hereby approved shall not be first brought into use until the weighbridges, gatehouse, security fencing, new access road and on and off-site highway improvements proposed as part of the application and car park (or temporary car park, details of which should be submitted to and agreed in writing by the Local Planning Authority), have been completed and the Materials Recovery Facility building shall not be first brought into use until the visitor centre/office building and permanent car park have been completed ready for use.
Condition 4
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.
Condition 5
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.
Condition 6
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.
Condition 7
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 any time 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.
Condition 8
Waste materials and activities associated with the handling of street cleansing waste shall be restricted to a maximum of 15 vehicular loads between the hours of 18.30-06.30 except where such operations are required in connection with major events and festivals, as agreed in writing by the Local Planning Authority.
Condition 9
The Materials Recovery Facility and Waste Transfer Station buildings hereby permitted shall not be first brought into use until a design specification has been submitted to the Local Planning Authority and agreed in writing, which details the acoustic properties of the respective buildings and sound insulation work proposed, including acoustic louvres and doors. The use of the respective buildings shall not commence until all specified work has been carried out to the satisfaction of the Local Planning Authority. The design specification shall be in accordance with the principles specified in chapter 9 of the Environment Statement and Proposed Materials Recovery Facility & Waste Transfer Station produced by Terence O'Rourke on behalf of Onyx (Veolia) Report No. 1578.12m dated March 2006.
Condition 10
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 as identified in the Environmental Statement, 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.
Condition 11
The sum level of noise emitted by the operation of the materials recovery facility and waste transfer station measured at the receptors as identified in the Environmental Statement shall be in accordance with predicted levels shown in the results of the noise assessment in the Environmental 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). An acoustic report shall be provided demonstrating compliance with this condition within 3 months from the first operation of the completed waste transfer station and materials recovery facility, 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 non-compliance 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.
Condition 12
No vehicles or machinery required for the operation of facilities in control of the operator of development shall be used on site unless fitted with silencers maintained in accordance with the manufacturers' recommendations and specification.
Condition 13
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 non-audible safety device or a "smart" form of reversing alarm, which produces a sound only audible to personnel in the immediate vicinity of the vehicle to which it is fitted. The waste transfer station or materials recovery facility shall not be first brought into use until a design specification for the safety reversing device has been agreed with the Local Planning Authority and implemented.
Condition 14
The waste transfer station and materials recovery facility shall not be first brought into use until a scheme for the suppression of dust and odour from the operations has been submitted to and approved in writing by the Local Planning Authority. Once approved such a scheme shall be implemented and complied with at all times for the duration of the use hereby permitted. The design specification shall be in accordance with the principles specified in the Environmental Statement, chapters 4 and 11 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.
Condition 15
No development shall commence until a design specification has been submitted to the Local Planning Authority and approved in writing, detailing the acoustic properties of a (temporary or permanent) fencing screen that will run along the site boundary where it is closest to No. 1 & 2 Hollingdean Lane. The agreed fence shall be implemented before construction works commence and, if agreed to be temporary in nature during construction, shall be replaced with a permanent fence before the development hereby permitted is first brought into use. Details of a close boarded fence to run along eastern boundary of the Downs Infant School playground adjacent to the existing dipping pond shall be submitted to and approved in writing by the Local Planning Authority and shall be installed before the waste transfer station and materials recovery facility buildings are first brought into use.
Condition 16
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.
Condition 17
No materials shall be burnt on site.
Condition 18
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.
Condition 19
No development shall take place until a detailed scheme for remedial works and measures to be undertaken to avoid risk from contaminants and/or gases has been submitted to and approved in writing by the Local Planning Authority. Such scheme shall include nomination of a competent person to oversee the implementation of the works and details of future maintenance and monitoring. The development shall not be occupied or brought into use until there has been submitted to the Local Planning Authority verification by the agreed competent person that any remediation scheme required and approved has been implemented fully in accordance with the approved details (unless varied with the written agreement of the Local Planning Authority in advance of implementation). Unless otherwise agreed in writing by the Local Planning Authority such verification shall comprise:
i) as built drawings of the implemented scheme;
ii) photographs of the remediation works in progress;
iii) certificates demonstrating that imported and/or material left in situ is acceptable and satisfies the Environment Agency.
Thereafter the scheme shall be monitored by the applicant within a timescale to be agreed with the Local Planning Authority and maintained in accordance with the approved scheme.
Condition 20
Notwithstanding the details on the submitted plans and documents, the development shall not be first brought into use until a scheme for the soft landscaping of the site has been submitted to and approved in writing by the Local Planning Authority. The landscaping scheme shall include details of planting, written specifications (including cultivation and other operations associated with tree, shrub, hedge or grass establishment), schedules of plants noting species, plant sizes and proposed numbers/ densities and an implementation programme.
Condition 21
All soft landscape works approved in accordance with condition 20 above shall be completed in full accordance with the approved scheme, within the first planting season following first occupation of the development hereby approved, or in accordance with a programme agreed with the Local Planning Authority. All trees, shrubs and hedge plants supplied shall comply with the requirements of British Standard 3936, Specification for Nursery Stock. All pre-planting site preparation, planting and post-planting maintenance works shall be carried out in accordance with the requirements of British Standard 4428 (1989) Code of Practice for General Landscape Operations (excluding hard surfaces). All new tree plantings shall be positioned in accordance with the requirements of Table 3 of British Standard BS5837 (2005): Trees in Relation to Construction. Any trees, shrubs or hedges planted in accordance with this condition 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.
Condition 22
No trees, shrubs or hedges within the site which are shown as being retained on the approved plans 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.
Condition 23
Notwithstanding the details on the submitted plans and documents, no development or other operations shall commence on site in connection with the development hereby approved (including any tree felling, tree pruning, demolition works, soil moving, temporary access construction and/or widening, or any operations involving the use of motorised vehicles or construction machinery) until a detailed Arboricultural Method Statement has been submitted to and approved in writing by the Local Planning Authority. The approved Method Statement shall be implemented before development commences and during construction and development. Such method statement shall include full detail of the following: Implementation, supervision and monitoring of the approved Tree Protection Scheme; Implementation, supervision and monitoring of the approved Treework Specification; Implementation, supervision and monitoring of all approved construction works within any area designated as being fenced off or otherwise protected in the approved Tree Protection Scheme; Timing and phasing of Arboricultural works in relation to the approved development.
Condition 24
Notwithstanding the details on the submitted plans and documents, the development hereby permitted shall not be first brought into use until details of the hard landscaping, means of enclosure, roads, footpaths and street furniture within the development have been submitted to and approved in writing by the Local Planning Authority. The details shall ensure pedestrian and cycle access is maintained at all times along Hollingdean Lane along its existing route to where it finishes adjacent to the railway bridge as indicated on the submitted plans, and shall identify measures to ensure conflict between pedestrians and vehicles is minimised, such as through the provision of hatched areas with appropriate signage. The approved details shall be implemented before the development hereby permitted is first brought into use.
Condition 25
The development hereby permitted shall not be first brought into use until the repair and extension of the flint wall which runs along the site boundary with Upper Hollingdean Road and within the site, as shown on the submitted drawings, has been implemented. A sample panel of the flint wall shall be submitted for written approval by the Local Planning Authority. The flint wall shall be implemented in accordance with the approved details.
Condition 26
No development of the buildings hereby approved shall take place until samples of the materials (including colour of render, paintwork or colourwash) to be used in the construction of the external surfaces of the development have been submitted to and approved in writing by the Local Planning Authority. The details should include how the materials chosen are part of a sustainable procurement strategy and how they rate highly in the BRE Green Guide to Specification. Development shall be carried out in accordance with the approved details.
Condition 27
The development hereby permitted shall not be first brought into use until details of the proposed 'grass-crete' car parking area shown on the approved plans, including 2 disabled spaces and associated works such as drop kerbs and tactile paving, have been submitted to and approved in writing by the Local Planning Authority. The development shall not be first brought into use until the car park has been laid out and completed to the satisfaction of the Local Planning Authority. The car parking spaces shall thereafter only be used by staff and visitors to the development. Except where otherwise agreed in writing by the Local Planning Authority, car parking shall only occur within the designated parking spaces in the car park.
Condition 28
The development hereby permitted shall not be first brought into use until the cycle parking facilities for staff and visitors (minimum 15 spaces) have been provided. The cycle parking facilities shall thereafter be retained for use at all times.
Condition 29
The development hereby permitted shall not be first occupied until a scheme for the provision of refuse and recycling storage facilities serving the buildings, and visitor/office building in particular, have been submitted to and approved in writing by the Local Planning Authority. The approved facilities shall be implemented and made available for use before first occupation of the buildings and shall thereafter be retained for use at all times.
Condition 30
Prior to commencement of development of each respective building, details of measures to ensure that the visitor/office building and the Materials Recovery Facility and Waste Transfer Station buildings achieve an "Excellent" BREEAM rating shall be submitted to and approved in writing by the Local Planning Authority. This can be demonstrated through submission of BREEAM certificates at Design and Post Construction stages. The measures shall be implemented in strict accordance with the approved details.
Condition 31
The development hereby permitted shall not be commenced until further details of the measures contained in the Sustainability Statement submitted have been submitted to and approved in writing by the Local Planning Authority and subsequently implemented, including the proposed rainwater harvesting, photovoltaics and micro wind turbine. The details shall include siting, appearance, capacity and details of what the rainwater harvesting, photovoltaics and micro turbine will be used for. The rainwater harvesting shall at least be used for on-site irrigation of landscaping and vehicle washing and wider uses as to be agreed with the Local Planning Authority.
Condition 32
The development hereby permitted shall not be first brought into use until evidence that significant energy and carbon emission savings against a baseline to be agreed with the Local Planning Authority will be achieved in line with the conclusions of the Scott Wilson Energy Survey submitted on 2nd June 2006 has been submitted to and approved in writing by the Local Planning Authority and subsequently implemented. Monitoring evidence shall be submitted to the Local Planning Authority for written approval once the development is operating within a timescale to be agreed with the Local Planning Authority to demonstrate that the agreed targets are being achieved. Should the development fall below the agreed targets, details of further measures that will be introduced to meet the target shall be submitted to and approved in writing by the Local Planning Authority and the approved details shall be implemented.
Condition 33
No development, including demolition or excavation, shall take place until a written statement, confirming how demolition and construction waste will be recovered and reused and stored on site or at other sites within Brighton and Hove, which includes the name of a contractor on the Environment Agency's list of approved waste contractors, has been submitted to and approved in writing by the Local Planning Authority and the agreed measures shall be implemented.
Condition 34
Within 6 months of the first occupation of the development, the operator shall draw up and submit for approval by the Local Planning Authority a detailed Travel Plan which shall use as its base a survey of staff and visitors to ascertain the patterns of travel to and from the development and attitudes and views about the use of different forms of transport. The Travel Plan shall include such commitments as are considered appropriate having regard to the publications of the relevant government department advising on workplace Travel Plans and which should include (in relation to travel to and from the development) as a minimum the following initiatives and commitments to: -
a) promote and enable increased use of walking, cycling and public transport as alternatives to the car
b) increase awareness of and improved road safety and personal security
c) dialogue and consultation with adjacent/neighbouring tenants/businesses
d) identify targets focussed on reductions in the level of car use
e) identify a monitoring framework, based on an annual survey, to enable the Travel Plan to be reviewed and updated as appropriate
f) identify a nominated member of staff or post to act as Travel Plan Co-ordinator.
On receipt of written confirmation from the Local Planning Authority stating approval of the detailed Travel Plan, the operator shall use all reasonable endeavours to implement the commitments set out in the Travel Plan in so far as they can be performed on the site within such timescale as shall be agreed by the Local Planning Authority and send to the Local Planning Authority a copy of the final form of the Travel Plan for retention by the council.
Condition 35
The development hereby permitted shall not be first brought into use until details of the external lighting, including the proposed number, type, siting, spacing and levels of luminance and details of street lighting, have been submitted to and agreed in writing by the Local Planning Authority. The agreed scheme shall be implemented before the development is first brought into use.
Condition 36
The development hereby permitted shall incorporate measures to ensure the development meets 'Secure by Design' standards and includes crime prevention measures indicated in the letter dated 12th April 2006 from Sussex Police. The development shall not be first brought into use until evidence has been submitted to demonstrate compliance with the standard and measures. Details of any CCTV cameras that are not mounted on buildings shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the Secure by Design standard.
Condition 37
No development of the materials recovery facility building shall take place until details of construction, maintenance and species have been submitted to and approved in writing by the Local Planning Authority of the proposed 'green' roof over the extended access way forming part of the Materials Recovery Facility indicated on the approved plans. The agreed scheme shall be implemented to the satisfaction of the Local Planning Authority within the first planting season following first occupation of the Materials Recovery Facility building. Any plants that die within 5 years of planting shall be replaced with those of a similar species.
Condition 38
Green walls of climbing planting/vegetation shall be incorporated along the external east facing walls of the two covered loading bays of the Materials Recovery Facility as defined on drawing number NTS 7 Layout of the Proposed Facility. The green walls shall not be incorporated until details of the support system and planters to be used, irrigation, plant species and maintenance details have been submitted to and approved in writing by the Local Planning Authority. The green walls shall be planted within the first planting season following first occupation of the Materials Recovery Facility building. Any plants that die within 5 years of planting shall be replaced with a similar species.
Condition 39
An 'artistic' wall of crushed recyclable materials forming a permanent public art display shall be incorporated along the external facing walls of the glass and waste loading bays of the waste transfer station as defined on drawing number NTS 7 Layout of the Proposed Facility. Details of the artistic walls including method of construction and maintenance details, shall be submitted to and approved in writing by the Local Planning Authority. The artistic walls shall be installed within 12 months from the date the waste transfer station building is first brought into use.
Condition 40
No development, including demolition, excavation or removal of any trees, shall take place until the recommendations contained in the Michael Woods Associates Bat Survey and Addendum submitted on 12 and 14 June 2006, including method of tree removal together with any additional measures deemed necessary by the Local Planning Authority have been implemented.
Condition 41
Ten woodcrete sparrow boxes and ten woodcrete bat boxes shall be erected within the site before the development hereby permitted is first brought into use. Details of the type and location of the boxes shall be submitted to and approved in writing by the Local Planning Authority. The approved boxes shall be implemented at the time of development.
Condition 42
The development hereby permitted shall incorporate measures to ensure the buildings are fully accessible to the disabled, including the provision of flush entrance thresholds, details of which shall be submitted to and approved in writing by the Local Planning Authority before first occupation of the development. Notwithstanding the details indicated on drawing No.060526-Holl_Offices Rev 4, at least one changing/shower cubicle in both the female and male changing rooms shall measure 2 x 2.2 metres.
Condition 43
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.
Condition 44
The method of demolition and construction for the development shall be carried out in accordance with a scheme to be approved in writing with the Local Planning Authority prior to any development commencing.
Condition 45
The method of piling foundations for the development shall be carried out in accordance with a scheme to be approved in writing by the Local Planning Authority prior to any development commencing.
Condition 46
No material shall be deposited at the site during construction other than clean, uncontaminated naturally occurring excavated material, brick and concrete rubble only.
Condition 47
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.
Condition 48
Details of how Sustainable Drainage Solutions (SUDs) have been incorporated into the scheme shall be submitted to and approved in writing by the Local Planning Authority before implementation of drainage works required as part of the scheme and shall be implemented in accordance with the approved details.
Condition 49
No soakaway shall be constructed in contaminated ground.
Condition 50
No development approved by this planning permission shall be commenced until:
A desktop study has been carried out which shall include the identification of previous site uses, potential contaminants that might reasonably be expected given those uses and other relevant information. In using this information a diagrammatical representation (Conceptual Model) for the site of all potential contaminant sources, pathways and receptors has been produced.
A site investigation has been designed for the site using the information obtained from the desktop study and any diagrammatical representations (Conceptual Model). This should be submitted to, and approved in writing by the Local Planning Authority prior to that investigation being carried out on the site. The investigation must be comprehensive enough to enable:
A risk assessment to be undertaken relating to groundwater and surface waters associated on and off the site that may be affected, the refinement of the Conceptual Model and the development of a Method Statement detailing the remediation requirements.
The site investigation has been undertaken in accordance with details approved by the Local Planning Authority and a risk assessment has been undertaken.
A Method Statement detailing the remediation requirements, including measures to minimise the impact on ground and surface waters, using the information obtained from the Site Investigation has been submitted to the Local Planning Authority. This should be approved in writing by the Local Planning Authority prior to that remediation being carried out on the site.
Condition 51
If during development, any visibly contaminated, odorous or hazardous material not previously identified is found to be present at the site, it must be investigated. The Local Planning Authority must be informed immediately of the nature and degree of contamination present. The developer shall submit a Method Statement which must detail how this unsuspected contamination shall be dealt with. The risk assessments and remediation method statements must be revised if further contamination is identified across the site.
Condition 52
The development of the site should be carried out in accordance with the approved Method Statement described in the conditions 50 & 51 above.
Condition 53
Any facilities above ground for the storage of oils, fuels or chemicals shall be sited on an impervious base and surrounded by impervious walls. The volume of the bunded compound should be at least equivalent to the capacity of the tank plus 10%. All filling points, vents, gauges and sight glasses must be located within the bound. The drainage system of the bound shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipe work should be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to discharge into the bound. Such facilities shall be constructed and completed in accordance with plans approved by the Local Planning Authority.
Related item
See
the nuisances caused by odour, noise and fugitive particles