Contact: Julia Davey, ext 6732

1. Summary

1.1 This report considers an application to extend the period of waste transfer operations at land off North Common Lane, Sway for a further period of 12 months. A previous extension of time, which expired on 31 December 2001, was granted last year. Objections have been received to the application. The site is within the New Forest Heritage Area. The recommendation is to grant approval, subject to conditions and legal agreements relating to lorry routeing and a financial contribution towards extraneous damage on the highway.

2. Background

2.1 Planning permission for the waste transfer station, illustrated on the attached plan, was originally granted in 1995 to work in conjunction with the landfill on which it is located in its north-west corner. The landfill, which was originally quarried in the 1940s, extends across 4.2 hectares of land, but in accordance with permission No. 043881 all but that portion of land covered by the waste transfer permission has been tipped and restored. A planning application to extend the landfill site eastwards was refused permission in September 2001. Simultaneously, an extension of time was granted for the waste transfer station until 31 December 2001.

2.2 The nearest houses to the waste transfer station are located to the west on Pitmore Lane and their upper storeys look over a hedgerow into the site. A commercial poultry farm lies adjacent to the south of the site.

2.3 To the north of the application site, on the opposite side of North Common Lane, is an operational gravel quarry, operated by New Milton Sand and Ballast. This quarry creates an average of 80 lorry movements and a maximum of 120 movements a day. The now lapsed waste transfer permission is conditioned to allow no more than 44 lorry movements per day Monday-Friday and 22 movements on Saturday.

2.4 The existing operation comprises separating rubble and soils from incoming waste using a 'riddle' bucket, and separating out papers and a small amount of scrap metal. The rubble is used as hardcore on building sites and is stored at the applicant's site at Tower View, Crabbswood Lane, Sway. The soil is taken to landfill. The waste paper is collected on a regular basis by Onyx in a container which is kept on site.

3. The Proposal

3.1 The application proposes a 12-month extension of time for the existing waste transfer station on the site for the following reasons:

(i) the applicant states he has had insufficient time to reorganise his waste management business and secure new premises with appropriate permissions and licences;

(ii) it is intended to resubmit a planning application for the extension of the existing landfill in an easterly direction; and

(iii) the waste transfer station currently meets a pressing need for such independent facilities in the New Forest area and has significant economic and environmental benefits such as reducing overall vehicle movements.

3.2 The applicant states that the waste collection and recycling of waste materials represents a significant proportion of the company's annual turnover amounting to about 35%. The business also provides local employment. The loss of the recycling and transfer facility at the site would mean that he would have to use his competitor's facility at Efford Landfill (New Milton Sand and Ballast). This would give this operator a monopoly in the area and would inevitably result in increased costs to the applicant's customers.

3.3 The applicant further states that the site is very well screened and that he has been using the existing entrance for the past ten years without any accidents. He also states that there has been no adverse environmental harm or nuisance from the operation and that neither the Environmental Health Officer nor the Environment Agency had any objections to the waste transfer station when considering the previous application last year.

3.4 The applicant has submitted additional information on need. This includes a map outlining the area which the waste transfer station serves (see Appendix 2). It also includes a breakdown of traffic and the type of load carried into the waste transfer station (see Appendix 3). This breakdown shows that on 16 January 2002 there were 19 deliveries of waste to the facility and, when bulked up by the applicant, this waste was transferred from the site in only three vehicles. On 17 January there were ten waste deliveries to the site and no waste movements out. The applicant states the breakdown confirms the importance of the facility to small builders for handling small quantities of construction waste at an economic cost. The applicant highlights that the breakdown reveals that only one bulk container was required to be disposed of to landfill.

3.5 The applicant has also submitted a noise survey as requested by the Environmental Health Officer. This survey suggests that the operation of the waste transfer station does not appear to increase the existing background levels in the locality.

4. Development Plan

4.1 The most relevant policies to this proposal are MW1, MW2 , MW3, NF1, C1 and C2 of the Hampshire County Structure Plan (Review) and Policies 6, 7, 8 and 46 of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan, which are set out in Appendix 1.

5. Consultations

5.1 Sway Parish Council raises no objection to the application on the basis that it wants to see the site "properly tidied up". If granted, however, it states it would not be happy about any further applications for extensions.

5.2 The Environmental Health Officer concludes that if the submitted noise report is taken at face value it does not show there is any problem with the proposed operation. However, there is not enough information to say there is no potential for noise nuisance. Whilst not objecting to the application, the Environmental Health Officer suggests a noise condition stating that measures should be implemented by the applicant to ensure no noise nuisance to nearby properties.

5.3 The Environment Agency raises no objection in principle to the application.

5.4 The New Forest Committee states that in general this type of development is not easily accommodated within the requirements to protect and enhance the special character of the area. In particular, it considers that the following issues are raised by the application:

(i) Sustainability issues and the need for the facility

The New Forest Committee states that the application seems based on the need to:

(a) support a future extension to the landfill site;

(b) reduce long HGV journeys across the New Forest; and

(c) maintain the business as a viable concern.

It states that (a) is dependent on future applications and (b), whilst good in principle, is difficult to evaluate and control. Granting of the application might create a precedent on which to justify further landfill in the area.

(ii) Adverse impacts on local amenities

(iii) Adverse highway impacts

(iv) Adverse visual impacts

The waste transfer and associated landfill and extraction site both have Rights of Common and, in particular, Rights of Pasture. These areas, when restored, would have important potential for use as back-up grazing land for commoning stock.

5.5 The County Surveyor (Highways) raises no objection to the application, subject to the applicant entering into a legal agreement to make a financial contribution of £10,000 to repair extraneous damage to the highway and a lorry routeing agreement to ensure that lorries enter the site via the western end of North Common Lane and the southern section of Pitmore Lane.

5.6 The County Surveyor (Waste Management) raises no objections to the application.

5.7 The local Member, Councillor Thornber, has been informed of the application: he has expressed the view that if permission is to be granted as an exception to policy, then it should be limited to 12 months.

6. Representations

6.1 Seventeen letters of objection have been received from local residents and the Passford House Hotel on the grounds summarised below:

(i) noise from the tipper lorries, riddle bucket and breaking glass;

(ii) health hazard and nuisance from wind-blown dust;

(iii) litter from skips over verges and gardens;

(iv) mud and rubble on road;

(v) road traffic congestion enhanced by third parties visiting site and cumulative traffic impact of quarry opposite, farm traffic, etc;

(vi) inappropriate use for residential area;

(vii) impact on quality of life;

(viii) flooding Mount Pleasant Lane and gardens;

(ix) vehicle fumes;

(x) vermin; and

(xi) road frontages and road 'disintegrating'.

6.2 Two residents of Pitmore Lane have also highlighted their concern that the noise survey conducted by the applicant was carried out in artificial conditions. The traffic movements and use of machinery were limited that day to keep the noise levels down and no machines were started on site.

6.3 A late objection from Mrs Pogmore has been received reiterating the concerns above and suggesting the applicant intends to continue the waste transfer operation indefinitely.

7. District Council's Views

7.1 New Forest District Council states that there are now no further consents capable of implementation at the adjacent landfill site. The District Council is therefore concerned that the underlying justification for this transfer station is no longer in existence. It concludes that while it is appreciated that the site provides a facility locally, the wider impact of such a use within this sensitive area must be carefully considered. The District Council would therefore object to the use of this site being perpetuated through a series of temporary consents, the acceptability of which must be questioned in the absence of any overriding justification. However, the District Council has made the comment that, if the application was just to allow a further 12 months to find another site, it would be more sympathetic to the applicant's needs.

8. County Planning Officer's Comments

8.1 This proposal is for a freestanding waste transfer station within the New Forest Heritage Area and not a facility operating ancillary to an existing landfill operation. The New Forest Heritage Area has planning status equivalent to a National Park. Policy MW3 of the County Structure Plan (Review) and Policy 8 of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan state that there is a presumption against waste development in the New Forest Heritage Area, except where the development would not prejudice the purpose of the designation and where there is an overriding need for the development to take place in the public interest. The main issue raised by the proposal is therefore whether the need for this waste transfer station in the New Forest Heritage Area overrides, in the public interest, any harm the development may cause, having regard to the level of protection given to the Heritage Area.

8.2 It is clear that local objectors consider that the need for the waste transfer facility is not so overriding as to warrant a departure from policy. Local residents also consider the development creates noise, traffic and dust nuisance amongst other things. Likewise, similar concerns have been raised by the New Forest Committee.

8.3 On the other hand the County Surveyor, subject to conditions and agreements, and the Environment Agency have no objection. Also, the District Council is sympathetic to a one year extension of time. It is also noted that the Environmental Health Officer, although expressing cautious interpretation of the applicant's information, does not raise an objection.

8.4 A free standing waste transfer station within the New Forest Heritage Area is a departure from planning policy normally applied to such facilities. In normal circumstances it would be right to recommend refusal of permission. However, there are extenuating circumstances that need consideration.

8.5 The applicant states he has been unable to obtain another site suitable for waste transfer within the New Forest Heritage Area. He has also emphasised that any other site would be likely to be in the New Forest Heritage Area because that is the area his business serves.

8.6 The County Council as waste planning authority is only too well aware from the number of enquiries received from potential applicants how difficult it is to find waste transfer or recycling sites in Hampshire generally, let alone the New Forest Heritage Area. Furthermore, Policy C2 of the Hampshire County Structure Plan (Review) supports within the countryside the promotion of economic opportunities for small scale employment uses within or adjacent to rural settlements, subject to there being no conflicts with the environmental and transport policies of the Plan. Diversification of the economy in rural areas is both national and local planning policy.

8.7 Given the circumstances, one last limited extension of time for the waste transfer station is recommended.

Recommendation

That, subject to legal agreements relating to lorry routeing and a financial contribution to highway maintenance, planning permission for the continued use of the waste transfer station for a temporary period of one year on land off North Common Lane, Sway (Application No. 73737) be granted, subject to the following conditions:

Time Limit

(1) All buildings, plant, haul roads, associated hard surfacing and walls associated with the waste transfer facility shall be removed and the land restored in accordance with the landfill permission No. 043881 by 31 December 2002.

Reason: The development is not considered suitable as a permanent use of land at this location in the New Forest Heritage Area.

Noise

(2) The activities on the site shall not give rise to noise levels 10 dB(A) LAeq above background at the façade of dwellings on Pitmore Lane.

Reason: In the interest of local amenity.

Dust

(3) Measures shall be implemented as necessary to ensure that no dust nuisance is caused to nearby residents and surrounding land uses.

Reason: In the interest of local amenity.

Hours of Working

(4) Except with the prior agreement of the Waste Planning Authority in writing, no operations authorised or required by this permission shall be carried out and plant shall not be operated other than during the following hours (to include access and egress of all traffic associated with the development hereby permitted): between 0700 and 1800 Monday to Friday, 0700 to 1300 on Saturday. No such operations shall take place on Sunday or recognised public holidays.

Reason: In the interest of local amenity.

Access

(5) Prior to exiting the site the wheels of all lorries shall be cleaned to the satisfaction of the Waste Planning Authority.

Reason: In the interest of highway safety.

(6) Skip lorries, tipper lorries and any other vehicle accessing, egressing and using the development hereby approved shall not exceed 44 movements per day (Monday to Friday) nor 22 movements per day on Saturday unless otherwise agreed beforehand by the Waste Planning Authority.

Reason: In the interest of local amenity and to avoid adverse environmental impact in the New Forest Heritage Area.

6992/JD

APPENDIX 1

HAMPSHIRE COUNTY STRUCTURE PLAN (REVIEW) 1996-2001 (ADOPTED MARCH 2000)

Policy MW1

Planning authorities will, through policies and proposals in local plans and day-to day development control:

(i) seek to ensure an adequate supply of minerals and provision of waste management facilities to meet needs having regard to the need to: maintain the environmental quality and diversity of Hampshire, including the protection of living conditions; safeguard important socio-economic interests; prevent pollution; and protect features of particular environmental or historical importance including those listed in Policy MW3, Sites of Importance for Nature Conservation and historic parks and gardens;

(ii) seek environmental enhancement and public benefits through minerals and waste development;

(iii) conserve and prevent unnecessary sterilisation of mineral resources and encourage efficient use of materials;

(iv) encourage the use of secondary and recycled aggregate materials; and

(v) seek the management of waste in accordance with the following hierarchy;

1. reduction of waste;

2. re-use of waste;

3. recovery of waste (recycling, composting, energy from waste); and

4. waste disposal;

having regard to the proximity principle and the principle of best practical environmental option.

Policy MW2

Permission will be granted for minerals and waste development provided the mineral/waste planning authority is satisfied that:

(i) any adverse environmental or other impacts that the development would be likely to cause are outweighed by a clearly established need for the development; and

(ii) the proposals, where applicable, include a satisfactory scheme of working and landscaping including details of lorry routeing and, in all cases, include satisfactory measures to ensure that the development would not have any unacceptable environmental, traffic or other impact; and

(iii) the proposals, where applicable, provide for the satisfactory and prompt restoration and after-care of the site to a high standard and to a landform compatible with the local landscape and suitable for an agreed beneficial after-use.

Policy MW3

Permission will not be granted for minerals and waste development which is likely to cause material harm to any of the following designated areas and sites:

The New Forest;

Areas of Outstanding Natural Beauty;

Special Areas of Conservation;

Special Protection Areas;

Wetlands of International Importance (Ramsar Sites);

Sites of Special Scientific Interest;

National Nature Reserves;

nationally important archaeological sites and monuments, whether scheduled or not, and their settings;

Conservation Areas;

Listed Buildings; and

Parks and Gardens of Special Historic Interest on English Heritage's National Register.

except where the mineral/waste planning authority considers that there is an overriding need for the development to take place in the public interest which outweighs the harm that would be caused, having regard to the level of protection given to the designation concerned in legislation or government guidance.

Policy NF1

To protect the special character of the New Forest, development, even in accordance with other policies of this Plan, will only be permitted where individually or cumulatively with other existing or proposed development, it will not harm the flora, fauna, geological, archaeological or landscape character of the New Forest and will:

(i) help maintain the traditional commoning regime of grazing and management which contributes to the landscape and ecological character of the New Forest; and/or

(ii) help maintain the social and economic well-being of communities in the New Forest Heritage Area; and/or

(iii) promote the enjoyment and understanding of the Area by the public.

Once the boundary of the New Forest Heritage Area has been defined in local plans, it should be regarded as permanent unless there are exceptionally strong reasons for altering it. Any alterations to the boundary should only be undertaken through the local plan process.

Policy C 1

For the purposes of this Plan the countryside is defined as the area outside existing and proposed built-up areas delineated in local plans. These countryside and built-up areas will include any coast, including the tidal parts of rivers, within them.

In delineating these areas in local plans and through day-to-day development control, local planning authorities will:

(i) promote the conservation and enhancement of the countryside; and

(ii) pay particular regard to avoiding or minimising any adverse effect which development would have for those interests of importance acknowledged in the other policies and proposals in this Plan.

Policy C2

Within the delineated countryside permission will normally only be granted for:

(i) development which is essential for agriculture, horticulture or forestry or other development for which a rural location is essential;

(ii) the re-use or adaptation of existing buildings, particularly to assist the diversification of the rural economy;

(iii) development which is approved under the other policies of the Plan.

HAMPSHIRE, PORTSMOUTH AND SOUTHAMPTON MINERALS AND WASTE LOCAL PLAN (ADOPTED 17 DECEMBER 1998)

Policy 6

Permission will be granted for minerals and waste development provided the Mineral/Waste Planning Authority is satisfied that:

(i) there is a clearly established need for the development (as assessed in relation to the other relevant policies of the Plan) which outweighs any adverse environmental or other impact that the development would be likely to cause; and

(ii) the development would not be likely to give rise to an unacceptable level of adverse environmental, traffic or other impact, pollution risk or danger to public health, particularly in respect of any of the factors specified in Policy 7 and measures would be taken to ensure that any such impacts would, as far as is practicable, be minimised; and

(iii) the proposals provide for the satisfactory working or operation and landscaping of the site and for its satisfactory restoration and landscaping at the cessation of the operations or use or at the end of the life of the facility to a condition suitable for an agreed beneficial after-use which is compatible with adjoining land uses and the planning policies for the area.

Notwithstanding any need there may be for waste disposal, permission will not normally be granted for mineral extraction with restoration by infilling with waste materials unless there is a need for the mineral to be extracted.

Policy 7

The Mineral and Waste Planning Authorities will grant planning permission for minerals and waste development provided they are satisfied that, where appropriate, the proposed development pays due regard to:

(i) the relationship of the proposal site to other properties and land uses (particularly residential and other environmentally sensitive properties) and the likely effects of the proposed development on the locality by reason of noise, dust, smoke, fumes, illumination or any other factor and the need for buffer zones between the development and residential and other properties;

(ii) the likely volume and nature of traffic that would be generated by the proposed development and the suitability of the proposed access to the site and of the road network that would be affected, in terms of highway capacity and safety and environmental impact, and whether any highway improvements required could be carried out satisfactorily without causing unacceptable environmental impact;

(iii) the likely visual impact of the proposed development and the need for additional planting and screening, including planting in advance of the commencement of the development;

(iv) the need to safeguard the character and amenities of individual settlements and to safeguard open gaps between settlements from permanent development which would cause long-term harm to the function of the land;

(v) the likely effects of the proposed development on and the need to protect and safeguard sites of nature conservation, geological, archaeological, historic, architectural and landscape importance and their settings;

(vi) the extent and quality of agricultural land to be taken by the proposed development and the proposals for its subsequent restoration and the likely effects of the proposals on farm structure and management;

(vii) the likely effects of the proposed development on and the need to maintain the distinctive character of the landscape; the likely effects of the proposed development on and the need to safeguard and protect individual species, habitats and landscape features, including woodland, trees and hedgerows; and the likely effects of the proposed development on forestry and woodland management;

(viii) the likely effects of the proposed development on sites used for recreation and public rights of way and the need to protect or secure the satisfactory diversion of public rights of way;

(ix) the likely effects of the proposed development on and the need to safeguard the flow and quality of watercourses, water supplies, floodplains, groundwater, the drainage of the site and adjoining land and the level of the water table in the locality and the likely effects of the proposed development on the immediate setting of any river;

(x) any potential danger to aircraft from birds being attracted to the site;

(xi) the possible amenity implications of any landfill gas that might be generated at the site and of any provisions that might need to be made to deal with it; and

(xii) the likely cumulative impact of the proposed development in combination with any other significant development taking place or permitted to take place in the locality and the need to minimise the impact of mineral extraction and waste disposal operations by securing, where appropriate, the phased release of sites and progression of working and restoration.

Policy 8

Applications for planning permission for minerals or waste development in the following areas will not be granted save when the development would not prejudice the purpose of the designation and where there is an overriding need for the development to take place in the public interest:

(i) the New Forest Heritage Area;

(ii) Areas of Outstanding Natural Beauty;

(iii) National Nature Reserves, Sites of Special Scientific Interest, Special Protection Areas, Special Areas of Conservation and Wetlands of International Importance (Ramsar Sites);

(iv) Scheduled Ancient Monuments and their settings;

(v) Conservation Areas, Listed Buildings, and sites on the National Register of Parks and Gardens of Special Historic Interest.

Policy 46

The Waste Planning Authorities will normally permit the use of land and the erection of plant and buildings for the recycling, transfer, storage and other treatment or handling of waste (excluding waste processing facilities covered by Policy 45) provided that:

(i) the proposed site is located near to the likely source(s) of waste and/or the market(s) for the recycled or recovered materials; and

(ii) the proposed site is located close to and has adequate access to the Hampshire Lorry Route Network (as shown on the proposals map), so that the development would not be likely to cause unacceptable traffic impact (including the environmental impact of traffic) on the local highway network; and

(iii) the proposed site is located:

(a) within an existing industrial site or on land which is permitted or allocated for industrial development; or

(b) within an area of land in the countryside that has already been disturbed by permanent development (a brownfield site); or

(c) at a waste disposal landfill or landraising site provided that the proposed development is connected with the waste disposal operation and is for a temporary period commensurate with the operational life of the waste disposal facility; and

(iv) the proposed site is located and the proposal includes adequate measures to ensure that no unacceptable impact would be likely to be caused to the occupants or users of houses, other residential buildings, schools, hospitals and other environmentally sensitive buildings and land uses by reason of noise, dust, fumes, smell or other cause; and

(v) the proposed site is located so as to avoid unacceptable impact on landscape, nature conservation and archaeological interests; and

(vi) the proposed site is located and the proposal includes adequate measures to ensure that there would be no significant risk of pollution or danger to public health or safety; and

(vii) the proposed site is located and, if necessary, the proposal includes landscaping measures to ensure that the development would not cause unacceptable visual intrusion.