Agenda item

21/00448/S73 - Application under Section 73 of the Town and Country Planning Act 1990 to vary Condition 2 of permission 18/00567/FULEIA, in order to make amendments to the location of the air management system and subsequent alterations to drawings 183131/WTS/PL/004, 183131/WTS/FP/005A and 183131/WTS/PL/005B at Widnes Skip and Reclaim, Ditton Road (West), Widnes, WA8 0PA


The consultation procedure undertaken was outlined in the report together with background information in respect of the site.


Further to the publication of the report it was confirmed that no other representations had been received and the Contaminated Land Officer had raised no objection to this application (noted however that the previous comments to the original application and recommended conditions were still valid).  Also, the applicant had requested if access condition no.5 could be changed from ‘no development shall begin’ to ‘prior to the construction of any new buildings’.  This request was considered to be reasonable, for the reasons given.


The Committee was addressed by Mr Robinson, who was the Agent for the Applicant.  He described a number of issues that the company had to deal with recently since the approval of the application in May 2019 that contributed to a delay, such as Covid and a change in investor.  He reassured Members that the applicant was now keen to progress the current planning permission.  He added that the applicant would use local suppliers and provide employment contracts for local people.


Councillor Wallace addressed the Committee objecting to the proposals, on behalf of local residents.  She tabled two photographs, which showed the condition of different areas of the site.  Councillor Wallace stated that she was inundated with complaints from her constituents about the smell from the WSR site.  She argued that local residents suffered this on a daily basis and despite contact being made with Environmental Health, nothing had been done to help them.  She also argued inter alia:


·         That the health and safety procedures of the company were in question – referring to a breach in relation to blocked fire doors;

·         The site attracted rats;

·         The site attracted seagulls who attacked residents in the street and were a constant problem for the businesses on Ditton Road (relating to seagull droppings); and

·         Local residents’ health was at stake.


She urged the Committee to visit the site before making a decision.


Following Councillor Wallace’s presentation Officers advised that the Council was aware of the smell and seagull problems in relation to the site but WSR was under the control of the Environment Agency in respect of this.  These complaints were also passed to the new owner of the site.  It was noted that health and safety matters in relation to the property itself were matters for WSR to address and covered by other legislation.


The Committee was reminded that this was a Section 73 application – an amendment to the previously approved application in May 2019.


Responses were provided to Members questions and it was confirmed that licensing for the operation of the site was controlled by the Environment Agency, not the Local Authority. 


The application was approved subject to the conditions listed below.


RESOLVED:  That the application be approved subject to conditions relating to the following:


1.    Timescale for commencement of development by 23 May 2022;

2.    Specifying approved plans;

3.    Condition requiring submission and agreement of a Construction Environmental Management Plan, as outlined in the submitted ES (BE1 and MW1);

4.    Condition requiring a construction phasing plan – with works to be enabled to be carried out in any order (BE1);

5.    Condition relating to off-site highway works to facilitate parking provision and curb re-alignment (TP12);

6.    Submission and agreement of Site Waste Management Plan (WM8);

7.    A condition requiring a site investigation scheme, remediation and verification plan (PR14);

8.    Materials condition(s), requiring submission and agreement of building external finishing materials (BE2);

9.    Condition requiring boundary treatments for north and south of the site (BE22);

10. Condition requiring treatment of the ground level enclosure to stack; fan; and carbon absorber; adjacent to building TFS1A as shown on drawing 183131/WTS/PL/004 Rev B (BE2);

11. Submission and agreement of site and finished floor levels (BE1);

12. Condition relating to/requiring submission and agreement of a sustainable drainage scheme (BE1 and PR5);

13. Condition requiring landscaping scheme (BE1, BE3 and MW1);

14. Condition requiring submission and agreement of cycle parking details (TP6);

15. Submission of a Bird Hazard Management Plan (MW1);

16. Condition requiring vehicle access, parking, servicing etc to be constructed prior to occupation of properties/commencement of use (BE1);

17. Submission and agreement of a lighting scheme (BE1);

18. No piling or other foundation design using penetrative methods unless demonstrated that there is no resultant unacceptable risk to groundwater (PR14);

19. Conditions relating to the air management system for building TFS1A;

20. Waste stored and processed in TFS1A under negative pressure conditions;

21. Condition restricting surface water run-off onto the adopted highway (TP17);

22. Condition restricting waste throughput to 450,000 tonnes per annum (BE1 and MW1);

23. There shall be no external storage other than that as approved on drawing number 183131/WTS/PL/004 Rev B;

24. Condition(s) restricting external storage locations, height, processing (BE1, PR16 and MW1);

25. The materials stored in the external storage bays and area as shown on drawing number 183131/WTS/PL/004 Rev B, shall be stacked no higher than 4m (BE1 and MW1); and

26. No material, waste or otherwise shall be burnt on site (BE1 and MW1).


Supporting documents: