Continuation of Development at Broughton Cottage, Mold Road , Broughton at variance to Conditions 1 (Approved Documents) pursuant to Planning Permission ref: FUL/000514/24; to allow for the installation of wash plant and site layout changes

1. The development hereby approved shall only be carried out in accordance with the approved plans / documents listed below:- - Location Plan, Figure Number: 1, dated May 2024 - Proposed Site Layout, Dwg No: 5256-01-03, dated November 2025 - Elevation Plan, Dwg No: 5256-01-04, dated November 2025 - Proposed Highway Improvements, Dwg No: 3607-01-D01, dated June 2024 - Proposed Site Levels, Dwg No: 3607-01-07 Rev A, dated May 2024 - Existing Site Levels, Dwg No: 3607-01-06 Rev A, dated May 2024 - Preliminary Ecological Appraisal and Green Infrastructure Statement dated 20th May 2024 - Development Areas, Dwg No: 3607-01-08 dated January 2024 - Proposed Bund Details, Dwg No: 3607-01-04, dated April 2024 - Tree Protection Plan, Dwg No: 3607-01-02, dated June 2024 - Preliminary Ecological Appraisal and Green Infrastructure Statement dated 20th May 2024 - Landscape and Ecology Management Plan, Rev: 5256-01 Rev A LEMP, dated January 2026 - Detailed Landscape Proposals Sheet 1 of 2, Dwg No: 5256-01-05, Rev D, dated 18th February 2026 - Detailed Landscape Proposals Sheet 2 of 2, Dwg No: 5256-01-06 Rev B, dated 28th January 2026 - Dust Management Scheme, Ref: 5256-01-DMS, dated November 2025 - Noise Management Plan, Ref: R24.1007/DRK2, dated 4th November 2025 - Proposed Relocated Watercourse, Dwg No: 5256-01-07, dated December 2025 - Email from Agent dated 17th December 2025 (Drainage Arrangements) REASON: For the avoidance of doubt as to the terms under which this planning permission has been granted and to ensure the development is carried out in accordance with the principles agreed in the approved plans.
2. The height of the stockpiles, both waste and product, stored on site shall not exceed 8 metres in height within ‘Existing Inert Recycling Facility’ and 7 metres within the ‘Proposed Extension Area’ as indicated on the drawing titled: Development Areas, Dwg No: 3607-01-08 dated January 2024. Measurement posts to enable assessment of stockpile heights shall be installed at all times. REASON: In the interest of visual amenity in accordance with policies PC2 and EN4 of the Flintshire Local Development Plan.
3. No more than 75,000 tonnes of waste shall be delivered to the site per annum. REASON: In order to control the scale of the development in accordance with policies PC2 and EN18 of the Flintshire Local Development Plan.
4. Operation of the site will be restricted to between 0700 hrs and 1900 hrs Monday to Friday and between 0700 hrs and 1200 hrs on Saturdays. There shall be no working on Sundays or Bank/Public Holidays. REASON: In the interest of environmental amenity in accordance with policy PC2 of the Flintshire Local Development Plan.
5. Upon cessation of use, defined as no recycling or recovery operations taking place in any consecutive 12 months, details of a scheme to remove the development and all associated infrastructure shall be submitted to the Local Planning Authority for its written approval within 3 months of the end of that 12 month period unless permission to extend the period is requested by the owner and granted in writing by the Local Planning Authority. The scheme shall detail a timetable and method statement for the removal of all waste and recycled product and for the site (excluding the Broughton Cottage residence) to be reinstated to agricultural land within 12 months of the details being approved. The scheme shall be implemented in accordance with the approved details. REASON: In the interests of avoiding dereliction and permanent deposition of wastes and materials on the site, and the amenity of the area, in accordance with policies EN21 and EN27 of the Flintshire Local Development Plan.
6. The development shall not be carried out other than in accordance with the detailed scheme for the widening of the existing access from the A5104 Mold Road as submitted pursuant to condition 6 of planning permission Ref: FUL/000514/24 and approved in writing by the Local Planning Authority by letter dated 11th April 2025 (Ref: DET/001084/24). REASON: To ensure the formation of a safe and satisfactory means of access to the site in the interests of maintaining highway safety and the free and safe movement of traffic on the adjoining highway.
7. No mechanical processing of material shall occur within ‘Proposed Extension Area’ as indicated on the drawing titled: Development Areas, Dwg No: 3607-01-08 dated January 2024 for the duration of the development hereby permitted. REASON: In the interests of local amenity in accordance with policy EN18 of the Flintshire Local Development Plan.
8. The proposed access shall have a visibility splay of 2.4m x 120m in both directions measured along the nearside edge of the adjoining carriageway over land within the control of the Applicant and/or Highway Authority and within which there shall be no significant obstruction to visibility for the duration of the development hereby permitted. The required visibility splay of 2.4m x 120m in both directions shall be maintained for the duration of the development. REASON: To ensure that adequate visibility is provided in perpetuity at the proposed point of access onto the highway in the interests of maintaining highway safety.
9. The development shall not be carried out other than in accordance with the detailed scheme for car and cycle parking and for the loading, unloading, parking and turning of vehicles as submitted pursuant to condition 6 of planning permission Ref: FUL/000514/24 and approved in writing by the Local Planning Authority by letter dated 11th April 2025 (Ref: DET/001084/24). REASON: To ensure that adequate parking and manoeuvering space is provided to serve the proposed development and to ensure the development responds to the requirements of policy PC5 of the Flintshire Local Development Plan.
10. The total combined maximum number of heavy goods vehicle movements delivering waste and / or removing waste or product (where heavy goods vehicles are those greater than 3.5 tonnes unladed weight and for the avoidance of doubt include skip lorries) from this permission together with planning permission ref: 049435, shall not exceed 772 movements (386 in, 386 out) per week. Reason: To protect local residents from being adversely impacted by noise from HGVs travelling to and from site and to avoid adverse effects on the highway network in accordance with policies PC5 and EN18 of the Flintshire Local Development Plan.
11. Records of the daily heavy good vehicle movements and the tonnage of waste being imported to the site shall be maintained for the duration of the development hereby permitted. These records shall include the dates and timings of movements (access and egress) and the associated numberplates for the vehicles. These records shall be made available to the Local Planning Authority no later than one week after any request to view them has been made. Reason: To protect local residents from being adversely impacted by noise from HGVs travelling to and from site and to avoid adverse effects on the highway network in accordance with policies PC5 and EN18 of the Flintshire Local Development Plan.
12. The bund indicated on Dwg No: 5256-01-03, dated November 2025 and detailed on Dwg No: 3607-01-04, dated April 2024 shall be in situ within three months of the date of this permission or in line with a timescale to be latterly agreed in writing with the Local Planning Authority. The bund shall be constructed from soil and maintained as approved for the duration of the development hereby approved. REASON: In the interests of local amenity in accordance with policy EN18 of the Flintshire Local Development Plan.
13. All loaded vehicles shall enter and egress the site sheeted. Reason: To prevent waste from being deposited on the public highway in the interests of highway safety and local amenity in accordance with policies PC5 and EN18 of the Flintshire Local Development Plan.
14. The development shall not be carried out other than in accordance with the Noise Management Plan, Ref: R24.1007/DRK2, dated 4th November 2025. A review of the plan shall occur biannually taking into account any changes in noise sources, magnitude, or their location and any other additional mitigation measures. The review is to be submitted to and approved by the Local Planning Authority. The first review is due no later than 24 months following the date of this permission. REASON: In the interests of local amenity in accordance with policy EN18 of the Flintshire Local Development Plan.
15. The rating noise level from the operation of the site shall achieve at all times a rating level not exceeding the representative background sound level, in accordance with British Standard 4142:2014+A1:2019 ‘Methods for rating and assessing industrial and commercial sound’ (or later versions) to achieve a Low impact rating level, no higher than the representative background sound level +3dB. REASON: In the interests of local amenity in accordance with policy EN18 of the Flintshire Local Development Plan.
16. No wastes other than construction, demolition and excavation, commercial and industrial waste shall be imported to and deposited at the site. REASON: In the interests of local amenity as the importation of this waste type may raise other environmental and amenity issues which would require consideration afresh to ascertain the acceptability of the use of the land for that purpose, in accordance with policy EN18 of the Flintshire Local Development Plan.
17. The development shall not be carried out other than in accordance with the Dust Management Scheme, Ref: 5256-01-DMS, dated November 2025. REASON: In the interests of local amenity in accordance with policy EN18 of the Flintshire Local Development Plan.
18. Within 6 months of the date of this permission an external lighting scheme shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall also include detail for lighting outside of consented operational hours and how it is designed to mitigate impacts upon bats. No lighting shall be erected or operated other than in accordance with the approved scheme thereafter. REASON: In the interests of local amenity and biodiversity in accordance with policy EN18 of the Flintshire Local Development Plan.
19. The development shall not be carried out other than in accordance with the Environmental Management Plan (EMP), Ref: 6089 Dromgoole Site Extension, V1.0, dated 22nd November 2024. The EMP shall be carried out in accordance with the approved details. REASON: An EMP should be submitted to ensure necessary environmental or ecological protection measures are agreed prior to pre-occupation or operation and implemented to secure: requisite mitigation, maintenance or management requirements, delivery of any offsetting proposals and any monitoring proposals.
20. The development shall not be carried out other than in accordance with the Landscape and Ecology Management Plan, Rev: 5256-01 Rev A LEMP, dated January 2026. REASON: To make appropriate provision for conserving and enhancing the natural environment within the approved development, in the interests of biodiversity and in accordance with policies STR13, EN4, EN6 and EN7 of the Flintshire Local Development Plan.
21. No removal of hedgerows, trees or shrubs shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken an ecological assessment to confirm that no birds would be harmed and/or appropriate measures are in place to protect nesting bird interest on site. Any such written confirmation or ecological assessment shall be submitted to the Local Planning Authority for approval prior to any removal of hedgerows, trees or shrubs during this period. REASON: To make appropriate provision for conserving and enhancing the natural environment within the approved development, in the interests of biodiversity and in accordance with policies STR13, EN4, EN6 and EN7 of the Flintshire Local Development Plan.
22. No surface water and/or land drainage shall be allowed to connect directly or indirectly with the public sewerage network. Reason: To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment. In accordance with policy EN15 of the Flintshire Local Development Plan.
23. The applicant is also advised that some public sewers and lateral drains may not be recorded on our maps of public sewers because they were originally privately owned and were transferred into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011. The presence of such assets may affect the proposal. In order to assist us in dealing with the proposal the applicant may contact Dwr Cymru Welsh Water. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times. In accordance with Planning Policy Wales (Edition 12) and Technical Advice Note 12 (Design), the applicant is advised to take a sustainable approach in considering water supply in new development proposals, including utilising approaches that improve water efficiency and reduce water consumption. We would recommend that the applicant liaises with the relevant Local Authority Building Control department to discuss their water efficiency requirements. Our response is based on the information provided by your application. Should the proposal alter during the course of the application process we kindly request that we are re-consulted and reserve the right to make new representation. If you have any queries please contact the undersigned on 0800 917 2652 or via email at developer.services@dwrcymru.com

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