Archived decisions

Contact: Neil Chester, ext 6496

1. Summary

1.1 Planning permission is sought for the storage of waste in two skips at Old Tin Barn, Owslebury. The site is currently used for storage of builders' materials and activities ancillary to this use. The proposal is to store non-hazardous waste in containers for a period of six months. During this time the applicant will finalise a move to alternative premises. There is an established need for this relatively small-scale development and it does not differ significantly from the existing use. However, the proposal will result in a temporary decline in the amenity of local residents.

1.2 Notwithstanding that this proposal will result in a temporary reduction in local amenity, it is recommended that the application be approved as the proposal is for a temporary period and is relatively small-scale. There is a need for the development and it does not differ significantly from the existing use.

2. Site and Proposal

2.1 The proposal is located adjacent to the existing barn at a property known as the Old Tin Barn, Owslebury (see attached plan). The application site is approximately 0.02 hectares and accessed via the existing entrance on Longwood Road. The application site lies within the proposed boundary of the South Downs National Park.

2.2 The site is currently used to store builders' materials. The applicant has been storing waste at the site without planning permission for approximately six months. Currently, no waste is being imported into the site.

2.3 The operation is similar to a skip business, although one-tonne bags are used as opposed to skips. In common with skip hire, the customer enters into an agreement not to fill the bag with normal household waste. The full bags are then brought to the application site and placed in skips according to the type of waste contained within the bag. When an economically viable quantity of waste is collected, the skips are taken to waste transfer stations, landfill or recycling plants.

2.4 The proposal is to import and store waste in two skips at the Old Tin Barn, Owslebury. The applicant is seeking permission for a period of six months during which time negotiations on an alternative site are anticipated to be completed. The operation will generate four lorry movements per day and, other than to serve a local customer, the lorry route will be to turn north from the site (away from the village of Owslebury).

3. Development Plan

3.1 Hampshire County Structure Plan 1996-2011 (Review) (adopted March 2000) Policies C1 and C2 concern development in the countryside; Policy MW1 concerns waste management (see attached appendix).

3.2 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted December 1998) Policies 6 and 7 concern environmental and amenity impacts; Policy 46 concerns facilities for storage of waste (see attached appendix).

4. Consultations

4.1 Winchester City Council objects to the proposal for the following reasons:

(i) there is no justification for the proposal in the countryside and additional traffic will compromise safety on the highway;

(ii) the site is too restricted to accommodate the proposed development;

(iii) the proposed development will have an adverse impact on the landscape value of the area; and

(iv) the proposal will adversely impact on the amenity of local residents.

4.2 Owslebury Parish Council objects to the proposal as it believes that it would be more accurately described as a "waste transfer station" and that there would be an adverse impact on the amenity of local residents for the following reasons:

(i) no restrictions on the type of waste, which may lead to pollution;

(ii) noise and fumes generated by the hydraulic crane which lifts the bags;

(iii) not enough space to accommodate any further vehicles on site and the adverse impact of increased lorry movements; and

(iv) Owslebury is within the boundary of the proposed South Downs National Park and this development would adversely impact on the landscape value of the area.

4.3 The Environment Agency raises no objections to the proposal.

4.4 Winchester City Council's Environmental Health Officer raises no objections to the proposal, subject to conditions.

4.5 The County Council (Highways) raises no objections to the proposal.

5. Representations

5.1 The local Member, Councillor Mason, has objected to the proposal as it is in the countryside, outside the Owslebury settlement boundary, does not accord with policy and will adversely impact on the amenity of local residents.

5.2 Winchester City Councillor Mackenzie has objected to the proposal.

5.3 Sixteen letters of objection have been received from local residents. The majority object for the following reasons:

(i) the description of the development is misleading;

(ii) the need for the development is not established;

(iii) the planning history of the site includes unauthorised activity and conditions that have failed to be adhered to;

(iv) the proposal will adversely impact on local amenity;

(v) the application form itself does not mention the temporary nature of the proposal; and

(vi) the proposal does not accord with development plan policies.

6. Officer's Comments

6.1 The proposal is to store waste materials in containers at the Old Tin Barn, Longwood Road, Owslebury. Permission is sought for a temporary period of six months, enabling the applicant to secure alternative premises.

6.2 There has been confusion concerning the description of the proposal on the application form, as it differs in wording from the description provided in the covering letter. The applicant has confirmed that the application is for temporary permission to store waste material (non-hazardous) in two containers. There will be no processing on site. Local residents have also raised concerns that the application form does not mention that temporary permission is sought for this activity. However, this is detailed in the supporting letter and any permission issued would be limited by planning condition accordingly.

6.3 The principle of the operation is consistent with Policy 46 of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted 1998). The success of the operation to date demonstrates that the proposal is serving a local need. Following its temporary storage, the waste is taken to an authorised recycling site, waste transfer station or landfill, depending on the nature of the material. The proposal therefore encourages the appropriate recycling of waste, which is further supported by the Minerals and Waste Local Plan.

6.4 The proposal does not accord with development plan policies in certain respects. Policies 7 and 46 of the Minerals and Waste Local Plan require that development pays due regard to the relationship of the proposal site to other properties and land uses. The proposal will result in some increased noise to the adjacent dwelling, however, it is noted that the Environmental Health Officer has not raised any objection.

6.5 Permission is sought for a temporary period of six months and therefore, any impact of the development will be limited. It is also important to note that the proposal is not significantly different from the existing use of the site insofar as the majority of the waste stored on site will include builders' materials, rubble and soil.

6.6 The current use of the site is for the storage of building materials and the applicant has a licence to operate several vehicles from this location. The site has been disturbed by permanent development and has a current industrial use. To this extent the proposal accords with Policy 46 of the Minerals and Waste Local Plan.

6.7 The proposal is located within the proposed boundary of the South Downs National Park and local residents have raised concerns that the proposal will result in a detrimental effect on the landscape value of the area. However, the site is already screened by a high close-boarded fence and the operation is not clearly visible from outside the site. The impact on the landscape is therefore minimal.

6.8 The advice from the Environment Agency is that the development is unlikely to result in any pollution, although the activity will not be exempt from a waste management licence. Local residents are also concerned about air borne pollution - most notably from material being blown from open containers. Netting can be placed over the containers to eliminate the problem. This measure can be secured by a condition.

6.9 Local residents are concerned that the applicant will not adhere to conditions attached to a planning permission. Winchester City Council states that the applicant has not always adhered to conditions attached to previous planning permissions. However, this is not material to the determination of this application, which should be determined on its merits. The applicant has ceased the operation pending determination of the current application at the request of the County Council.

6.10 Neighbours are concerned about the impact of the noise created by the development, particularly the `alarm' noise generated by reversing lorries. The noise impact of the proposal can be reduced by restricting the hours of operation at the site. It should also be noted that lorries currently operate on site in connection with existing permitted uses. The recommendation is for the hours of operation to be restricted to those attached to the existing permission (ie 0800 to 1800 Monday to Friday and 0800 to 1300 Saturday).

6.11 Local residents are concerned that the increase in lorry movements and noise and the decrease in landscape value will adversely affect local amenity. The number of lorry movements and the hours of operation at the site can be restricted. To avoid adverse impact on the village of Owslebury lorries will be required to turn right from the site towards Morestead Road. The applicant has indicated a willingness to agree to this routing.

6.12 The proposal is relatively small-scale and of a short duration, the impact on local residents will be minimal. There is also an established need for the development. Therefore, the application should be approved, subject to lorry routing arrangements and conditions.

Recommendations

That planning permission for the temporary storage of waste in skips at the Old Tin Barn, Owslebury, near Winchester (Application No. 0202957HCM W14155/07) be granted, subject to lorry routing arrangements and the following conditions:

(1) The development hereby permitted shall be for a limited period only, expiring on 26 August 2003. At the expiration of this period the waste storage containers shall be removed and the land reinstated to its former condition within one month.

Reason: To comply with Section 91 of the Town and Country Planning Act 1990 and to secure the visual amenity of the locality, as the building is not considered suitable for permanent retention.

(2) No vehicle shall enter or leave the site and no working shall take place except between the hours of 0800 and 1800 Monday to Friday, and 0800 to 1300 Saturday. There shall be no working on Sunday, Bank holidays and public holidays.

Reason: To protect the amenities of local residents.

(3) No materials shall be burnt on site at any time.

Reason: To protect the amenities of local residents.

(4) The waste containers shall be kept covered at all times, except during loading and unloading.

Reason: To avoid waste being blown from the skips and to protect the amenity of local residents.

(5) All vehicles entering and leaving the site must do so in a forward gear.

Reason: In the interests of highway safety.

7717/NC

APPENDIX

HAMPSHIRE COUNTY STRUCTURE PLAN 1996-2011 (REVIEW) (ADOPTED MARCH 2000)

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.

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.

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.