Archived decisions

Contact: Julia Davey, ext 6732

1. Summary

1.1 Planning permission is sought to construct and implement a composting and worm farm with an associated nursery to provide fodder and landscaping for Marwell Zoo. The application is a departure from the Development Plan as the site is designated as countryside. The recommendation is to grant planning permission, subject to conditions.

2. Site

2.1 The site, illustrated on the attached plan, is located within rough grazing land south of Thompson's Lane, Colden Common. Marwell Grain Store borders the site to the east and three private businesses - a furniture retailer, insulation company and plant nursery - are located in industrial units to the west of the site. Grassland borders and slopes from the site to the south, beyond which lies a site of mixed waste and other uses, which is understood to have recently been granted a certificate of lawful use by Winchester City Council. A compost bagging plant also operates from this site using compost delivered to the site.

2.2 A Scheduled Ancient Monument is located just within the western site boundary.

3. Proposal

3.1 Planning permission is sought to construct and implement a worm farm that would provide compost, using waste from Marwell Zoo. The compost would be used for the planting of trees and the creation of a tree nursery on the site, which would provide fodder for the animals in the Zoo as well as trees for landscaping improvements across Marwell Park.

3.2 Marwell Zoo estimates that it generates between 1,200 and 1,400 tonnes of animal waste per year, of which 90% could be recycled to compost. Approximately four tonnes of waste is proposed to be imported from Marwell Zoo to the site daily by tractor and trailer.

3.3 The vehicles would travel from the Zoo directly to the north of the site and along a route shown on the attached plan. The vehicles would leave the Zoo by its rear access point, turn left along Thompson's Lane, right at the junction on Hurst Lane and travel a very short distance before accessing Hurst Farm down the farm track into the site.

3.4 Any meat or bones found amongst the waste would be separated and exported from the site by way of one skip lorry per week.

3.5 The applicant states that at present waste is removed from the Zoo using large 18 tonne refuse lorries and that his proposal is more sustainable, as it would be reducing longer haul lorry movements on the roads and there would be no need for landfill as is currently the case.

3.6 The waste would be converted into quality organic rich compost by the worms. The composting process would take place within a closed container composting system eliminating odours.

3.7 The applicant states that the existing composting bagging plant on land to the south of the site has nothing to do with his proposal.

4. Development Plan

4.1 Policies relevant to this proposal are listed in the attached appendix. Key policies are Hampshire County Structure Plan 1996-2011 (Review) (adopted March 2000) Policies MW1 and MW2; also Policies 6, 7 and 46 of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted December 1998).

5. Consultations

5.1 The Environment Agency, Health and Safety Executive and Civil Aviation Authority raise no objections to the proposal.

5.2 Owlesbury Parish Council accepts the principle of the proposal but objects to the location on the following grounds:

(i) There are alternative sites on Marwell Zoo's own grounds which would avoid extra traffic on the dangerous corner at the junction of Thompson Lane and in Hurst Lane itself.

(ii) There are no guarantees against future development of industrial units on land that is currently designated as pasture land.

(iii) The access gate from the rear of Marwell Zoo onto Thompson Lane is for emergency access only, which was granted when the activity centre was developed no more than five years ago.

(iv) Residents only became aware of the application when they received letters from the County Council, as no orange notices were posted in the vicinity of Hurst Lane and Thompson Lane.

5.3 The County Council (Highways) states that the vehicle size and length of journeys will be less than the existing situation whereby the waste is taken to landfill. It is considered that the proposal would therefore have a lower impact on the broader highway network than at present. On this basis, and subject to a condition that no mud or debris is deposited on the highway, no highway objection is raised to the proposal.

5.4 The Department for Environment, Food and Rural Affairs (DEFRA) notes and welcomes the applicant's proposals to deal with carnivorous waste (ie meat and bones) separately. The Department wishes to emphasise that, until or unless changes in procedure and/or the Regulations mean that the proposed composting plant can comply with the Animal By-Products legislation, it is important that no waste meat or bones enter the composting operation where the output may subsequently be exposed to contact by birds or animals. In this regard, it would be prudent to ensure dung and bedding that may contain meat and bones are kept apart from material to be treated, rather than relying on some form of separation facility. Apart from the above observations, DEFRA does not wish to comment on any planning issues.

5.5 Winchester City Council's Environmental Health Officer has no adverse comments to make on the application but recommends that conditions should be attached to any permission granted to restrict hours of delivery; hours of construction; and prevention of burning of materials on site.

5.6 The views of Winchester City Council are awaited.

6. Representations

6.1 Seven representations have been received to the proposal on the grounds outlined below:

(i) too near to houses;

(ii) health hazard and odour, flies and rodents;

(iii) pollution of ground water;

(iv) traffic - local roads already overcrowded and also used by walkers, horseriders and cyclists;

(v) Zoo's rear access is for emergency use only although it is used by staff daily;

(vi) not believable that the tree nursery is to provide fodder and landscaping for Marwell Zoo - how long will it take for trees to grow to provide adequate fodder;

(vii) this proposal is the start of something bigger;

(viii) visual impact spoiling unrestricted view across an open field;

(ix) noise;

(x) better to access straight across road through grain store;

(xi) the feed mill grain storage barns have doubled in capacity and Hampshire Insulations have clearly outgrown their capability to handle the very largest lorries which use the local lanes;

(xii) Marwell Zoo purchased the land adjacent to Hurst Farm less than six months ago, with full knowledge that the land was for agricultural use, and is now trying to lease the land to Hampshire Wormery;

(xiii) departure from Development Plan and would set precedent for whole area;

(xiv) additional traffic would further increase the risk of an accident on lanes where traffic often travels at high speed, where there is no lighting and on which tractors and trucks often operate before daybreak and at dusk, increasing the risk of collision with passing traffic;

(xv) the development would have potential to accommodate imported material from sources other than Marwell Zoo in the future and become a major waste treatment site;

(xvi) fences would be needed to prevent trees being eaten by deer, which would be unsightly; and

(xvii) the site already has existing vermin problem from grain store.

6.2 The local Member, Councillor Mason, has been informed of the proposal.

7. Officer's Comments

7.1 The site, whilst adjacent to an existing grain store and compost bagging plant, is within grassland identified as countryside in the local plan. The application is therefore technically a departure from Policy 46 of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan.

7.2 The main issue raised by the proposal is whether the need for the proposal justifies warranting a departure from the plan. In the balance of this issue, consideration needs to be given to if and how this proposal reduces impact on the environment, when compared to the existing method of waste disposal (ie refuse vehicles to landfill).

7.3 It is considered that this is a worthwhile proposal that supports the principles of sustainable development. Lorry movements that currently export waste from Marwell Zoo would be stopped, thereby reducing traffic on the roads. Concerns raised by the Parish Council about use of the rear access to Marwell Zoo, and local concerns about the traffic route, are noted. However, there is no highway objection to the proposal and no justifiable reason to refuse the application on highway grounds.

7.4 Concerns raised about amenity issues, such as noise, dust, odour and vermin, are noted but it is considered these issues, along with other environmental concerns, can be adequately dealt with by an environmental management condition on any consent that may be granted. Similarly, concerns about the scale of the development and future increase in traffic numbers can be dealt with by way of a condition permitting only the importation of waste from Marwell Zoo. Concerns about visual impact are also considered unfounded.

7.5 In summary therefore, it is recommended that the proposal warrants a departure from policy because it would lessen the impact on the environment currently caused by the exportation of waste. Also, whilst a departure from Policy 46, the proposal is supported by numerous other Structure Plan and other policies because of its environmental benefits and support for recycling.

Recommendation

That planning permission for the proposed composting and worm farm and tree nursery to provide fodder and landscaping for Marwell Zoo on land adjacent to Hurst Farm, Thompson's Lane, Fishers Pond, near Colden Common (Application No. 0202394HCM) be granted, subject to the following conditions:

Time Limits

(1) The development to which this permission relates shall be begun not later than the expiration of five years beginning with the date of this permission. Written notification of the date of commencement shall be sent to the Waste Planning Authority within seven days of such commencement.

Reason: To comply with Section 91 of the Town and Country Planning Act 1990.

Working Programme

(2) Prior to the implementation of the development, a phased construction and operational programme and plan for the development shall be submitted to the Waste Planning Authority for approval in writing.

Reason: To enable the Waste Planning Authority to adequately control the development and to minimise its impact on the amenities of the local area.

Access

(3) No access nor access route other than that shown on plan no. E.01 (October 2002) shall be used by traffic entering or leaving the site.

Reason: To ensure the access road is constructed with due regard to highway safety and the local environment.

(4) The surfacing of the site access shown on drawing no. E.01 shall be maintained in a good state of repair and kept clean and free of mud and other debris at all times.

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

(5) Prior to the implementation of the development, a drainage system shall be installed and maintained to ensure that no slurry or water from the permitted area flows onto the public highway, unless otherwise required in writing by the Waste Planning Authority.

Reason: In the interests of highway safety and to prevent water getting onto the highway.

(6) No commercial vehicles shall enter the public highway unless their wheels and chassis have been cleaned to prevent material being deposited on the highway.

Reason: In the interests of highway safety and to prevent mud and dust getting onto the highway.

(7) No waste shall be imported to the site to be used in the wormery or the creation of compost, other than that originating from Marwell Zoo.

Reason: In the interests of local amenities.

(8) All compost created at the site shall be used in the nursery or by Marwell Zoo. There shall be no sale of compost from the site, unless otherwise agreed in writing by the Waste Planning Authority.

Reason: In the interests of local amenities.

Environmental Management Schemes

(9) Prior to the commencement of the development an environmental management scheme addressing issues such as noise, vermin, dust and odour, and the prevention of waste meat or bones entering the composting facility, shall be submitted to and approved by the Waste Planning Authority in writing and thereafter implemented in accordance with this scheme.

Reason: In the interests of local amenities.

Noise

(10) All vehicles, plant and machinery operated within the site shall he maintained in accordance with the manufacturer's specification at all times and shall be fitted with and use effective silencers.

Reason: To ensure minimum disturbance from operations and avoidance of nuisance to the local community.

Hours of Working

(11) No vehicle shall enter or leave the site and no working shall take place, except between the hours of 0800 and 1730 Monday to Friday (including Bank holidays and public holidays) and 0800 to 1300 hours on Saturday. There shall be no working on Sunday.

Reason: In the interests of local amenities.

Water Protection and Pollution

(12) Any oil, fuel, lubricant and other potential pollutants shall be handled on the site in such manner as to prevent pollution of any watercourse or aquifer. For any liquid other than water this shall include storage in suitable tanks and containers which shall be housed in an area surrounded by bund walls of sufficient height and construction so as to contain 110% of the total contents of all containers and associated pipework. The floor and walls of the bunded areas shall be impervious to both water and oil. The pipes should vent downwards into the bund.

Reason: To minimise the risk of pollution of watercourses and aquifers.

Archaeology

(13) No implementation or operation of the development shall take place until fencing has been erected, creating a minimum ten metre buffer zone around the archaeological site, as shown on attached plan No. A, and no operations shall take place within the area inside that fencing without the prior written consent of the Waste Planning Authority in writing.

Reason: To protect the archaeological interests of the area.

Landscaping

(14) The existing trees, bushes and hedgerows within the site shall be retained and protected and shall not be felled, lopped, topped or removed without the prior written consent of the Waste Planning Authority. Any such vegetation removed without consent, dying, being severely damaged or becoming seriously diseased as a result of operations permitted by this permission shall be replaced with trees or bushes of such size and species as may be specified by the Waste Planning Authority, in the planting season immediately following any such occurrences.

Reason: In the interests of amenity and wildlife conservation.

(15) Prior to the commencement of the development details of how the proposed nursery is to be implemented are to be submitted to the Waste Planning Authority for approval in writing. The scheme should include a list of native and, ideally, 'local' trees to be grown at the nursery.

Reason: In the Interests of local amenities and to increase the future value of the trees for wildlife.

(16) Within three months of the date of issue of this permission a scheme for the management of the nursery is to be submitted to the Waste Planning Authority for approval in writing.

Reason: To maintain the plants' health and optimise growing conditions.

7539/JD

APPENDIX

HAMPSHIRE COUNTY STRUCTURE PLAN 1996-2001 (REVIEW) (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.

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 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.