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Colchester Skip Hire Inquiry
Court Room 1, Shire Hall, Chelmsford
Planning Inspector Mr John Feldgate

Day 7 – Friday 11th May 2012

Summary Of Events

  • The counsel for CSH completed his presentation of Alison Crooks. She maintained the Whitehall Rd site proposed by ECC was not deliverable.
  • Alison Crooks was cross-examined by Mr Reed, counsel for ECC. She claimed although the planning policies were designed to protect the countryside they did not completely exclude development.
  • She was then asked why one of her criteria for alternative sites was a maximum 15 minute drive time from the current site. Her reply was that CSH stipulated this distance for economic and CO2 emissions reasons and this distance would cover most of the urban area of Colchester which provided 65% of the company’s clients.
  • She agreed her calculations of the waste processing capacity based on the data in the ECC waste report were incorrect. The report had indicated there was no need for the CSH facility.
  • Re-examination followed
  • The inspector then asked what CSH would do if the appeal was dismissed. She replied that they would continue to operate from the present site. He went on to ask if, when trying to find alternative sites, she had investigated the terms of leasehold properties in case negotiation could convert them to freehold and whether the Stanway or Rivenhall sites which already had planning permission would be suitable. She confirmed she had not carried out these enquiries.
  • This concluded Alison Crook's evidence.
  • CSH counsel presented Mr Sym, their noise expert. He claimed that noise levels would be no higher than present and overall would be less. In response to the concerns raised by RASH about noise created by vehicle movements and handling of skips and containers in the hard standing area to the south of the main building, Mr Sym confirmed that noise levels at two additional noise recording locations on the west boundary of the site had been calculated. These were both below the maximum level of 45dB but the highest was at 40dB and at the southern end of the boundary.
  • Counsel for RASH cross-examined and was advised that the maximum allowed noise level is an average over 1 hour and comprises some very loud noises, perhaps 60-70 dB.
  • This concluded the case for CSH
  • The Inspector then invited ECC and RASH to indicate conditions which they would like to be imposed in the event the appeal is upheld. This is standard practice in all inquiries. And draft conditions had been drawn up by ECC and the appellants in the Statement of Common Ground. Dr Cowan suggested several amendments including a reduction in the daily vehicle movement allowance from 150 to 126 on weekdays and 62 on Saturdays, while also requesting a ban on CSH lorry movements through Fordham and Fordham Heath for 30 minutes before the start of school each morning and between 3 and 4pm each afternoon. These and other requests will be adjudicated on by the Inspector but the likelihood of established conditions being altered is small.
  • The Inquiry continues with a site visit on Monday morning followed by the closing submissions by the three legal counsels from 2pm following which the Inquiry will conclude.


Day 6 – 10th May 2012

Summary Of Events

  • The day started with the Inspector revisiting what needs to be covered in the remaining planned time for the Inquiry. The likely end outcome of this being that the Inquiry will run into an 8th day on Monday. Friday will likely see the conclusion of expert witness testimony. Monday would then start with the Inspectors site/area visit and then in the afternoon closing statements from the counsels of RASH, ECC and CSH.
  • During the site visit the Inspector will consider distant views, site operations, the general environment and impact on residential properties. To aid the Inspector’s visual references CSH will position at grab with arm extended to 11.4 meters at the east boundary on the proposed development.
  • Additional documents were shared with all parties. These being a map showing all commercial and residential buildings in the immediate area. For commercial buildings a table showing the existing floor space and that of the proposed development was also detailed. The other additional document showed distances from residential properties.
  • The 1st witness of the day was Dr Doggett speaking on behalf of heritage issues on behalf of CSH. Under questioning by CSH’s counsel they sought to argue that the setting of the grade 2* listed building Rochfords would not be compromised by the proposed development.
  • Dr Doggett was then quite thoroughly cross examined by ECC’s counsel seeking to present why the wider environment was part of the setting of Rochfords, and that historically Rochfords as recently as the early 20th century was a farmhouse set in farmland.
  • The next witness was Mr Johnson of the Johnson Denehy Partnership speaking for CSH on matters of building design. His underlying argument was that the proposed building is well designed and to fit into the environment with negligible impact. Additionally the recycling benefits outweigh the negative impacts on the environment.
  • Mr Johnson was then cross questioned by ECC’s counsel seeking to represent how the building would be inappropriate in the environment and that CSH had not really considered any other design options. Mr McPhie on behalf of RASH picked up a few issues that ECC’s counsel had not raised.
  • Finally in this section the Inspector asked Mr Johnson some questions on skip storage and parking proposed on the large hard standing area, and what the theoretical capacity of the building might be.
  • We then moved on to Mr Justin Bass of Intermodal Transport speaking for CSH on transport issues. The mains point here being lack of objection by ECC Highways Department and CSH no seeking any additional movements over and above their existing 150 licensed HGV movements per day. It was explained that around 50% of their vehicle movement go via Fordham Rd, the other 50% via the B1508 and nothing in their license controls the split, it’s purely a factor of operational and routing requirements.
  • As ECC had not objected on transport grounds, their counsel did not cross examine Mr Bass. Mr Bass was then cross examined by Mr McPhie on behalf of RASH seeking to understand the designation of the local roads, how Mr Bass had arrived at his calculations on acceptable traffic levels and how vehicle size may or may not have been considered within this.
  • Finally the Inspector added some questions on how the standard of may impact Mr Bass’s calculations. And if he had any information to prove or disprove assertions by members of the public about increasing vehicle sizes, he did not.
  • The last witness of the day was Ms Alison Crooks speaking for CSH on matters relating to waste planning policy and need for capacity within the County. Ms Crooks sought to justify why CSH had limited their search of other sites to be sites within a 15 minute drive time from Colchester and why the building needs to be the size proposed.
  • The Inquiry continues Friday 11th May at 09.00am in Court Room 1 at Shire Hall, Chelmsford.


Day 5 - 9th May 2012

Summary Of Events

  • A handful of housekeeping items were covered, in particular the fact that from tomorrow, 10th May 2012, the inquiry will be moved to Courtroom 2 and not the Picture Room.
  • It was then the turn of members of the public to make their representations. 8 people spoke covering 9 statements. In order they were:
    • Cllr. Marcus Harrington
    • Christopher Barnett QC
    • Charles Aldous QC
    • Steven Huggett (who also read out the statement from Dan Fenn)
    • Graham Soar
    • Leonard Smith
    • Cllr. Anne Brown
    • Ralph Archer
  • Mr. Billingsley, the landscape witness for CSH, having previously given his evidence in chief was then cross examined by the counsel for ECC. This covered the “sensitivity” of the landscape, and the likely views of the proposed building from a variety of locations.
  • He also questioned the methodology used by the witness and his assessments of how sensitive certain views might be, including those from Spring Cottage and some of the public rights of way.
  • The “impact” of the development was then scrutinized in relation to the sensitivity of landscape character and it was the contention of counsel for ECC that the adverse impact on the tributary valley that is within 800 metres of the site would be greater than suggested by Mr Billingsley.
  • The counsel for RASH then re examined the witness questioning the potential view of the proposed building from Packards Lane. He also asked if it was reasonable to expect locals to wait for 15 years until the building would be mainly assimilated into its surroundings. Finally, he asked Mr Billingsley to suggest the impact on landscape of locating the main building in a different location in the appeal site. The south-west corner behind the Fielding Engineering building was put forward as an option but this would put the lorry parking and manoeuvring area nearer to Rees Farm and Rochfords.
  • The counsel for CSH then re-examined the witness at length to counter the points raised.
  • The witness was then allowed to stand down and the proceedings were closed for the day.


Day 4 - 4th May 2012

Summary of Events

  • The counsel for ECC re-examined Paul Calder who confirmed the norm in the local planning policy is for waste processing facilities not to be sited in rural areas.
  • The Inspector noted there was no objection from Highways regarding the application.
  • This concluded the case for Essex County Council
  • RASH's counsel then introduced Dr Russell Cowan who read the Summary of his Evidence and gave details of the formation of RASH and its legitimacy in representing the residents in the local communities. The questionnaire results were supplied as current evidence of the support for RASH. He went on to give a brief history of CSH's expansion since 1988 and the 10 planning applications they have made and the adverse impact the company has had on Rochfords and the surrounding villages.
  • He described the CSH's noise report as being flimsy and the road infrastructure as unsuitable.
  • He was then cross examined about RASH's questionnaire and the fact that the noise limits will remain unchanged.
  • The inspector then asked about the proportion of traffic that goes through Fordham and why it doesn't go along the B1508. Dr Cowan explained that it is quicker to access the A12 and the western side of Colchester through Fordham. He emphasized that the B1508 was also an inappropriate road for the large CSH vehicles.
  • Mr Derrick, RASH's expert on Heritage, was presented and when on to explain why the CSH site would have a detrimental effect on Rochfords (a Grade 2* listed building) contrary to the evidence submitted by CSH which stated that it would be enhanced.
  • Under cross-examination he agreed that the development would cause harm but not substantial harm to the setting.
  • Next it was the turn of Mr Ted Clover, RASH's expert on Waste Processing, who gave 5 examples of existing or proposed waste processing facilities which all indicated that CSH's building would be as much as twice the size needed to process the tonnage stated in their application. In CSH's rebuttal it was claimed that at some of the examples given by Mr Clover, processing was carried out in the open air and included Google earth photos to prove their claim. Mr Clover showed that these photos were about 5 years old and anyway they showed storage of skips and other non waste materials and added that no allowance for this sort of storage had been made in CSH's application.
  • CSH's barrister claimed that because Mr Clover had not produced drawings of the plant layout in his examples, he could not comment on the capacity of the building.
  • The Inspector asked Mr Clover in the event that CSH moved, would another operator consider taking over the site. Mr Clover's reply was “maybe”.
  • This concluded the case for RASH
  • Mr Billingsley, the landscape expert for CSH, was presented.
  • He maintained that planning policies allow waste facilities to be sited in rural areas provided it's not detrimental.
  • He stated the building would be located in a medium sensitivity landscape area and not high sensitivity as maintained by ECC. He went on to say that the visual impact will be mitigated in time by planting.
  • The Inquiry will recommence next Wednesday finishing 3 days later on 11th May.


Day 3 - 3rd May 2012

Summary of Events

  • The Inspector opened proceedings by announcing that he will make the accompanied site visits on the morning of Monday, 14th May.
  • Counsel for CSH began cross examination of Mr. Hamish Barrell by discussing the County’s Joint Waste Development Document, suggesting it should not be part of the reasons for refusal. Mr. Barrell confirmed that the Document is unlikely to be sent to the Minister until June 2013 and may not be adopted until July 2014.
  • Counsel suggested that although the Greenacre site had scored very low in the WDD Preferred Sites scoring (2/18) he thought the score could improve if landscape and heritage matters were modified with the outcome of the Inquiry.
  • CSH’s counsel then asserted that there isn’t sufficient guaranteed waste capacity in Essex and set out to undermine the statistics provided by Mr. Burrell.
  • Mr. Barrell stated that the proposed building seems large compared to comparable sites.
  • He was then questioned regarding his alternative location search criteria versus that used by CSH’s agent and his choice of sites were argued to be unsuitable either on distance or on cost of building.
  • The witness commented that commercial land availability is at a 10 year high.
  • Counsel for ECC then re examined the witness to counter these issues.
  • The Inspector then raised a couple of questions by way of clarification.
  • The County Council then introduced Mr. Paul Calder of Minerals and Waste Planning for ECC.
  • He explained that the proposed site is outside of development and employment areas and listed several policies which this proposal contravenes.
  • He stated that the land within the proposal is classed as agricultural and that the development would cause harm to the countryside.
  • He then commented that, whether or not there is a need for the proposed facility, the benefits would not outweigh the harm caused.
  • The counsel for CSH cross examined and went through each of the policies upon which Mr. Calder had relied and set out to demonstrate that ECC had misinterpreted their own and CBC’s policies.
  • The status of the bund on the east border of the site adjacent to the garden of Rees Farm was discussed. It was erected without planning permission in 2007 and is regarded still by ECC as incomplete and therefore subject to an enforcement notice. Further information is expected from CBC.
  • The day closed at 5.10pm with Mr. Calder returning tomorrow for re-examination by the ECC counsel.
  • The RASH witnesses will take the stand tomorrow.


Day 2 - 2nd May 2012

Summary of Events

  • ECC confirmed that the people missed from the notification were sent a letter yesterday by first class post and also by email.
  • Mr. Reed on behalf of ECC brought up the matter of the existing bund being illegal and that Paul Calder of ECC will address this issue in his testimony.
  • The County Council presented Miss Kirkby Taylor, the historic buildings advisor.
  • She described Rochfords as historically important and that, although there had been some harmful development nearby, the proposed building would have a particularly harmful effect on Rochfords.
  • She explained why the surroundings and setting are important and why the existing bund gives a feeling of enclosure. She described the proposed building as visible, prominent, and intrusive.
  • The counsel for CSH cross examined proposing that Rochfords wasn’t built with the intention of looking east, that it hadn’t been a large single farm but had been a collection of disparate fields, and that Miss Kirkby Taylor had gone further than her manager in stating the level of harm the proposed building would have.
  • The inspector then asked how far the “setting” can be said to extend – the witness explained that it could be extensive.
  • The County Council then presented Mr. Sallin in relation to building design.
  • He stated that building design should be within context to the local surroundings and that it was too large to be screened. He said that the building wasn’t “large” but was “very large” and that it would be the largest building in the area.
  • The counsel for CSH cross-questioned and Mr. Sallin stated that as the proposed building is in an inappropriate location even good building design could not overcome this fundamental issue.
  • The counsel for CSH argued that the proposed building location already receives adequate screening and that the height of the building could be described in a “residential” context.
  • The inspector then asked a question regarding the relative sizes of the existing and proposed buildings.
  • The County Council then introduced Mr. Hamish Burrell, Senior Planner.
  • He stated that the current preference is for waste management facilities to be located on industrial sites and in employment areas and not in the countryside.
  • He criticised the approach of CSH to looking at alternative sites and the criteria used.


Day 1 - 1st May 2012

Summary of Events

  • The planning inspector handled general introductions and timetables.
  • The council for ECC advised that around 80 people who had objected to the original application had not been made aware of the enquiry. Letters to those affected will be delivered by hand providing the statutory 21 days notice. The inspector agreed to leave the enquiry open to allow for these 21 days.
  • The inspector advised that the allocated slot for those members who wish to speak will be 9.30AM on Wednesday 9th May.
  • The inspector made the point to the council representing CSH that the application makes no reference to the proposed building.
  • The inspector set out the key issues he will consider, namely:
    • Compliance with policies
    • Effect on the countryside
    • Effect on Rochfords
    • Effect on traffic and the environment
    • Effect on local residents
    • The need for the development
    • The choice of site
  • The councils for the appellant, ECC, and RASH made their opening statements.
  • The County Council opened with Mr Downs, a landscape expert. He considered the proposed building larger than any other in the area and that the proposed planting around the suggested building to be both insufficient and the images shown unrepresentative.
  • He described the local landscape as “special” and “historic” and that the local area was more sensitive than CSH’s report would suggest.
  • Photo montages were presented and Mr Downs explained that, unlike other commercial buildings in the area, this proposed building could never blend in because of its sheer bulk.
  • The council for CSH cross questioned and tried to demonstrate that the area was not as “special” as MR Downs believed.
  • He then proposed that with the exception of Harlow and the South Essex coastal towns, the appeal site is the most suitable part of Essex for a large commercial building and also stated that the proposed building would not dwarf local buildings.
  • Mr Reed on behalf of ECC then reexamined the witness to counter these points.
  • The inspector then asked 2 questions of Mr Downs by way of clarification in relation to the proposed screening of the building by way of planting.

How to Donate to RASH

Should you wish to donate to RASH, please note the details below.

BACS payment to Account 65413535 Sort Code 08 92 99
Cheques payable to Residents Against Skip Hire and send to Meadow Farm, Packards Lane, Wormingford CO6

Thank you.



Residents Against Skip Hire
stopskiphire@gmail.com
http://www.stopskiphire.co.uk