Contact: John Priest - Ext: 7336

With the concurrence of the Chairman, under Section 100B(4)(b) of the Local Government Act 1972, this report was included as an urgent item on the agenda to ensure expeditious consideration of the application.

A. PROPOSED INERT WASTE MATERIAL TRANSFER STATION,
RECYCLING FACILITY AND CONSTRUCTION OF NEW VEHICULAR
ACCESS, AMBERVALE FARM, PITMORE LANE, SWAY (75507)

1. Summary

1.1. The Committee undertook a site visit on 30 September 2002 to consider the Pitmore Lane application in the light of local concerns.

2. Introduction

2.1. At the site visit the Committee met representatives of New Forest District Council and Sway Parish Council and a number of local residents. The comments of those present are outlined in the ensuing paragraphs. A copy of the report for the site visit is attached as an appendix to this report.

3. Comments of the County Planning Officer

3.1. The County Planning Officer described the application and confirmed that up to 22,000 tonnes of inert waste per year would be processed and sorted within one of
the existing farm buildings. The proposal entailed use of a derelict former farmyard and the relocation of an existing waste transfer station on adjacent land in respect of which permission had expired on 30 June 2002 and was now the subject of an appeal. The surrounding area was not purely residential but also contained other industrial facilities.

3.2. The hours of working proposed were between 0700-1800 on Monday to Friday and between 0700 and 1300 Saturday. A new access was proposed onto Pitmore Lane and the applicant had agreed to enter into a lorry routeing agreement which would entail vehicles turning left out of the site in a southerly direction.

3.3. The County Planning Officer drew particular attention to policy 46 of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan which sets out the criteria for waste recycling facilities.

4. Comments of the New Forest District Council Representatives

4.1. The District Planning Officer advised that an objection was being raised on balance whilst the importance of such sites was recognised this one would be located inappropriately within the New Forest Heritage Area.

4.2. The District Arboricultural Officer advised of his concerns about the impact of the proposed access on an adjacent Oak Tree. It was agreed that the County Council landscape expert should liaise with the Arboricultural Officer concerning the access.

4.3. The District Environmental Health Officer confirmed that a noise report was awaited on the proposal; the consultant who would be preparing the report confirmed that the work would be completed within the next few days.

4.4. Local District Councillors confirmed their objection on highway grounds including the additional traffic which would be generated through Pennington.

5. Comments of the Agent for the Applicant

5.1. The agent for the applicant advised that the proposed site was 2 metres lower than the existing one and had been identified as a brownfield site by the County Council. The new proposal would be subject to waste licence and planning conditions and the operations would be carried out within a building thus reducing the amount of noise generated.

6. Comments of Local Residents

6.1. Local residents present made the following points:-

(i) The site is within the New Forest Heritage Area and the proposed New Forest National Park.


(ii) The site had never been used as a farmyard and the building to be used was in fact half finished.


(iii) Alternative sites exist in the Lymington and Sway areas.


(iv) The site is at ground level and not 2 metres below it.


(v) Pitmore Lane, which floods in the winter, is not suitable for the extra lorry traffic which would be generated; much use is made of the lane by horse-riders.


(vi) Hours of opening would be excessive.


(vii) The proposed access would be excessively close to existing access points on to the lane.


(viii) There would be adverse impact on a barn owl currently nesting in the structure (in response to this point the agent for the applicant advised that mitigation measures including the provision of alternative nesting sites would be examined).

7. Comments of the County Surveyor

7.1. Pitmore Lane is covered by a 40 mph speed limit and in accordance with this speed limit visibility splays of 2.4m x 120m are required to be provided by the applicant. Whilst these visibility splays can be achieved, it will involve the loss of some hedgerow.

7.2. Access to the site will be from the south via the Sway Road C430 and the Wheel junction. Accident reports from the last three years show that there have been accidents at this junction. However safety remedial works are currently being implemented by the Safety Engineering Team.

7.3. The local lorry route is the A337 and the route to the site will be via the Sway Road C430. This road is largely rural in character and for much of its length there are no footways and the roadside verges are easily damaged by over-running. At its eastern end the road has a series of tight bends. Over most of the length the road is wide enough to allow the passage of a lorry and a car. The main problem would be the meeting of two large lorries. In the information supporting the application, the applicant reports that the traffic levels will amount to 82 movements per day.

7.4. Whilst accidents have been recorded along this stretch of road, during the period that the waste sites have been in operation there have been no accidents involving site traffic.

7.5. Whilst I acknowledge that the roads in the vicinity of the site are not ideal, I appreciate that it is difficult to find suitable sites for waste transfer stations that do not generally have highway issues surrounding the local road network.

8. Further comments of the County Planning Officer

8.1. The site in many regards has merits. It is well screened `old farmyard', which although may have never been used as such is a previous legitimate development and therefore can be considered a `brown field' site. As such the proposal would not be detrimental to the New Forest Heritage Area designation for the locality. It should also be noted that the land uses in the area are decidedly mixed including poultry units, nursery and welding business.

8.2. The issues about amenity impacts are obviously an important consideration, but the site is further from houses than the existing operation and located behind some large sheds. Additional mitigation measures can be introduced subject to final views of the Environmental Health Officer, which are still awaited.

8.3. Alternative sites have been suggested, but all have had to be rejected. There are access problems at the former scrap yard, Vaggs Lane, Hordle and land ownership issues at the former Ampress Works, Lymington and the Manor Farm Landfill, Pennington - which is a short life site in any case. In respect of the redundant highway land near New Milton and the former gravel pit/landfill at Mount Pleasant there are `greenbelt'/countryside policy constraints.

8.4. With regard to the highways issues, the applicant's existing waste transfer station (which is the subject of an appeal on the grounds of non-determination) has an average of 44 lorry movements per day. The proposal for a new facility includes an increase to 82 lorry movements for the new facility. However New Milton Sand and Ballast also operate the Mount Pleasant Sand and Gravel pit accessed off North Common Lane, which generates between 80 and 120 lorry movements. This site has consent until 2008, but at the current rate of working the site is likely to be completed before this date. In order to restrict lorry movements to current levels a limit of 44 movements per day for the new facility can be imposed, rising to the 82 movements on completion of the Mount Pleasant Sand and Gravel pit, whichever is the sooner. In the longer term this would result in a net reduction in lorry traffic generated in this area.

8.5. These are the critical considerations affecting the application. In summing up it has to be said that the perfect site for a use like construction recycling is unlikely to be found. The decision has to be a judgement between the relative merits of a case. On balance it is recommended that permission should be granted.

Recommendation

That subject to the final views of the Environmental Health Officer and a legal agreement covering lorry routeing and a contribution to highway maintenance the application for an inert waste material transfer station and recycling facility and construction of a new vehicular access at Ambervale Farm, Pitmore Lane, Sway (Application No. 75507) be granted subject to the following conditions:

1. The development to which this permission relates shall be begun no later than the expiration of 2 years beginning with the date of this permission. Written notification of the commencement shall be sent to the Waste Planning Authority within 7 days of such commencement.

Reason: to comply with Section 9 of the Town and Country Planning Act 1990.

2. Lorry movements to and from the site shall be restricted to 44 per day, rising to 82 movements per day on cessation of working at Mount Pleasant Sand and Gravel Pit . A daily record of lorry movements entering and leaving the site shall be kept at the site, and made available to the Waste Planning Authority on request.

Reason: To limit the volumes of traffic in the interests of the amenity of residents on and near the approaches to the site.

3. No vehicle shall enter or leave the site and no working shall take place except between the hours of 08.00 and 18.00 Mondays to Fridays, and 08.00 to 13.00 Saturdays. There shall be no tipping operations/working on Sundays, bank holidays and public holidays

Reason: In the interest of local amenity.

4. No waste other than those waste materials defined in the application shall enter the site.

Reason: Waste materials outside these categories raise environmental and amenity issues which would require consideration afresh.

5. No development except the construction of the access shall commence until the access road, visibility splays, parking and manoeuvring provision have been laid out, constructed and surfaced in accordance with details which shall first have been submitted to and approved in writing by the Waste Planning Authority. These areas shall thereafter be retained and kept available for these purposes for the duration of this permission. The visibility splays shown on the approved drawings shall be provided and maintained free of obstruction.

Reason: In the interest of highway safety.

6. The surfacing of the site access shall be maintained in accordance with an approved maintenance regime until such time as it is no longer required for these operations.

Reason: In the interests of highway safety and safeguarding the local environment.

7. Prior to commencement of landfill operations a sign shall be erected (and thereafter maintained) at the quarry/landfill site exit, advising drivers of vehicle routes agreed with the Waste Planning Authority (where wider signage is necessary, it is important to require prior approval of the location and form of these signs).

Reason: In order to ensure compliance with agreed routeing.

8. Prior to work commencing on site details of measures to be taken to prevent mud from vehicles leaving the site being deposited on the public highway shall be submitted to the Waste Planning Authority for approval in writing. The measures shall be implemented as approved for the duration of the development.

Reason: To ensure that mud is not carried onto the public highway in the interests of highway safety.

9. No development shall take place until a detailed scheme has been submitted to and approved in writing by the Waste Planning Authority specifying:

(a) the maximum permissible noise levels at the site boundaries or such locations as may be approved by the Waste Planning Authority (including separate limits and maximum periods of operation in relation to soil stripping, formation of perimeter bunds/mounds and other temporary operations);

(b) noise monitoring and recording procedures;

(c) noise suppression measures;

(d) procedures to be adopted in the event of the maximum permitted noise levels being exceeded.

Such scheme shall provide that, except for temporary operations (which shall be defined), the equivalent continuous noise level LAeq (1 hour) at the noise sensitive properties adjoining the site and attributable to the operations subject to this permission shall not exceed the existing background noise level, L90, by more than (10) dB(A) or an absolute limit of (55)dB(A) LAeq, 1 hour. The applicant/ developer shall implement the approved noise scheme.

Reason: To safeguard the amenity of the area and of local residents.

10. No development shall take place until a detailed scheme for the drainage and disposal of surface water has been submitted to the Waste Planning Authority for approval in writing. The scheme shall be implemented as approved prior to the site becoming operational, and maintained for the duration of the development.

Reason: To ensure adequate drainage of the site.

11. No sewage or trade effluent (including vehicle wash or vehicle steam cleaning effluent) shall be discharged to any surface water drainage system.

Reason: To prevent pollution of the water environment

12. Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from parking areas and hard standings shall be passed through an oil interceptor designed and constructed to have a capacity and details compatible with the site being drained. Roof water shall not pass through the interceptor.

Reason: To prevent pollution to the water environment.

13. Drainage from waste sorting/storage areas, workshops, refuelling areas, and vehicle washdown shall not be discharged to any watercourse, surface water sewer or soakaway. All surface water from roofs should be piped to an approved surface water drainage system using sealed downpipes. Open gullies should not be used.

Reason: To prevent pollution to the water environment.

14. Inspection manholes shall be provided and clearly identified on foul, and surface water drainage systems. Soakaways shall not be located in areas identified as contaminated land.

Reason: To prevent pollution to the water environment.

15. Any facilities for the storage of fuels shall be sited on impervious bases and surrounded by impervious bund walls. The bund capacity shall give 110% of the total volume for single and hydraulically linked tanks. If there is multiple tankage, the bund capacity shall be 110% of the largest tank or 25% of the total capacity of all tanks, whichever is the greatest. All filling points, vents, gauges and sight glasses and overflow pipes shall be located within the bund. There shall be no outlet connecting the bund to any drain, sewer or watercourse or discharging onto the ground. Associated pipework shall be located above ground where possible and protected from accidental damage.

Reason: To prevent pollution to the water environment.

16. No development shall take place until a detailed scheme for the landscaping of the site has been submitted to and approved in writing by the Waste Planning Authority. Such scheme shall include details of:

a) The positions, species and sizes of all existing trees, shrubs and hedgerows to be retained, and the proposals for their protection throughout the operations.

b) The positions, species, density and initial sizes of all new trees and shrubs.

c) Any hard landscaping proposed.

d) The programme of implementation of the scheme.

e) The arrangements for subsequent maintenance.

The scheme as approved shall be carried out in full (unless with the prior approval of the Waste Planning Authority in writing to a variation).

Reason: The provision and maintenance of a satisfactory degree of landscaping is considered essential in the interest of visual amenity.

17. Details of the measures to relocate the Barn Owl shall be submitted to the Waste Planning Authority for approval in writing. The approved measures shall be implemented as approved before works commence on site.

Reason: To protect the Barn Owl nesting at the site.

18. Prior to work commencing on site details of dust control measures shall be submitted to the Waste Planning Authority for approval in writing. The details shall be implemented as approved for the duration of the development.

Reason: In the interests of local amenity.

8RR49102