Archived decisions

Hampshire County Council

Regulatory Committee

9 April 2003

Applicant: Mr A W Jepson Turner Change of use from B1 to composting of non-toxic wastes at Broughton Down Farm, Broughton (Application No. TVS 07423/2) (County Council Ref. TV204)

Report of the Chief Planning Adviser to the Regulatory Committee

Item 12

Contact: Neil Chester, ext 6496

1. Summary

1.1 Planning permission is sought for a change of use from B1 (business) use to composting of non-toxic wastes at Broughton Down Farm, Broughton. The site is currently a disused milking parlour and dairy, although Test Valley Borough Council has resolved to grant permission for B1 use at the site. The adverse impact of the proposal can be satisfactorily mitigated and the proposal accords with policies in the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted 1998). The recommendation is, therefore, to approve the proposal, subject to lorry routeing arrangements, a Section 278 Agreement and conditions.

2. Site and Proposal

2.1 The proposal is located on Broughton Down Farm near the village of Broughton (illustrated on the attached plan). The application site is 1.25 hectares and comprises an access track and an existing steel-framed farm building which served as a milking parlour, dairy and offices. Adjacent to the building are three former silage pits cut into the chalk. The proposal is to use these to store sawdust and finished compost under plastic covers. Access to the application site is from the A30. The surrounding land is used for agriculture.

2.2 There is currently a resolution from Test Valley Borough Council to grant permission for B1 business use at the site, subject to the prior completion of an agreement under Section 278 of the Highways Act 1980. The agreement would secure three passing places along the access road and improvements to the visibility splays at the junction with the A30.

2.3 The proposal is to use the existing farm building for the composting of non-hazardous industrial and sewage biosolids, waste fruit and vegetables, and other non-hazardous biodegradable materials into agricultural and garden-grade compost. The biosolids are delivered to the site and mixed with sawdust, chopped straw and finished compost in one of three mixing bays. The material is composted over a six week period. The temperature is maintained at a suitable level and the mixture is aerated, which includes regular turning. Finally the material is matured within the bay for a further three week period. The process is automated through a control system.

2.4 The proposal will generate approximately 20 lorry movements per day, including the delivery of biosolids, straw, sawdust and the removal of mature compost.

2.5 Most of the mature compost will be used as an organic fertiliser on the 800 hectare arable farm surrounding the site. Any surplus will be sold as garden-grade compost. The quantity of the surplus material is anticipated to be limited.

3. Development Plan

3.1 Hampshire County Structure Plan 1996-2011 (Review) (adopted March 2000) Policy MW2 refers to environmental impact; Policy MW6 refers to composting (see attached appendix).

3.2 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted December 1998) Policies 6 and 7 refer to environmental impact; Policy 46 refers to waste processing facilities(see attached appendix).

4. Consultations

4.1 Test Valley District Council has not responded to the consultation.

4.2 Broughton Parish Council objects to the proposal on the following grounds:

    (i) increased lorry movements, particularly within the village of Broughton;

    (ii) increased risk of contamination, including spreading foot and mouth;

    (iii) adverse impact on local amenity, specifically increased noise and odour; and

    (iv) adverse visual impact and a detrimental impact on the landscape quality of the area.

4.3 Nether Wallop Parish Council raises no objections to the proposal, subject to a condition mitigating the impact of any increased traffic and providing the imported waste is non-hazardous.

4.4 The Environment Agency raises no objections to the proposal, subject to conditions to prevent pollution of the water environment. The proposal would require a waste management licence.

4.5 Test Valley Borough Council's Environmental Health Officer raises no objections, subject to conditions to mitigate any adverse impacts arising from any increased noise, odour, pests (specifically flies), lighting, water pollution and debris on the road.

4.6 The County Council (Highways) raises no objections, subject to a Section 278 Agreement to secure highway improvements.

4.7 The Department for Environment, Food and Rural Affairs (DEFRA) raises no objections to the proposal. DEFRA states that there is no risk of spreading foot and mouth assuming kitchen waste (specifically meat) is not being composted.

5. Representations

5.1 The local Member, Councillor Woodhall, has been informed of the proposal and shares the views of Broughton Parish Council.

6. Chief Planning Adviser's Comments

6.1 The proposal is to use the former milking parlour for the composting of non-hazardous industrial and sewage biosolids, waste fruit and vegetables, and other non-hazardous biodegradable materials into agricultural and garden-grade compost. The majority of this compost will be used on the surrounding 800 hectares of agricultural land.

6.2 The principle of composting waste material accords with Policy MW6 of the Hampshire County Structure Plan 1996-2011 (Review) and Policy 46 of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted 1998). Furthermore, diversification of the rural economy and the reuse of rural buildings is supported by Policies C2 and EC3 of the Hampshire County Structure Plan 1996-2011 (Review) and accords with Government advice in Planning Policy Guidance Note 7 (PPG7) (Countryside - Environmental Quality and Economic and Social Development). The issue, however, is whether the proposal is suitable for the proposed location. The main issues are increased traffic, noise and odour, and risk of contamination.

6.3 Both Broughton and Nether Wallop Parish Councils are concerned about the increased lorry movements generated by the proposal, particularly with respect to the village of Broughton. The majority of the composted waste will be spread on the surrounding land, thus reducing the need for traffic movements. The Test Valley Borough Council resolution to grant planning permission for B1 use at the site does not limit traffic levels. If the application is approved, the lorry movements associated with the proposal can be restricted.

6.4 The County Council (Highways) raises no objections to the proposal, subject to a Section 278 Agreement to improve the junction between the access track and the A30, and the creation of three passing places along the access road. The applicant has agreed to the principle of lorry routeing arrangements to avoid the village of Broughton.

6.5 The proposal includes the installation of fans to blow air through the compost to control the temperature during the process. Broughton Parish Council is concerned that the fans will generate unacceptable noise in the countryside. The Environmental Health Officer advises that noise levels would be acceptable if the fan system is suitably enclosed. This matter can be addressed through a planning condition.

6.6 The applicant states the proposal is unlikely to result in odour nuisance. A similar composting scheme operated by the applicant in Ireland does not produce odour. However, the Environmental Health Officer supports local concern and advises that a condition be attached to any permission limiting acceptable odour.

6.7 There is concern that the proposal will contaminate ground water with leachate. The advice from the Environment Agency is that, subject to conditions, the proposal will not have an adverse impact on the quality of ground water.

6.8 There is concern that the movement of waste material associated with the proposal will contribute to the spread of harmful viruses, such as foot and mouth. The advice from DEFRA is that as the proposal is not for the importation of kitchen waste (specifically meat) then there is no risk of spreading foot and mouth.

6.9 The Parish Council raises concerns that the proposal will have a detrimental impact on the landscape value of the area. The proposal is to convert an existing farm building and, therefore, will have minimal impact on the landscape.

6.10 Any adverse impact generated by the proposal can be satisfactorily mitigated and, therefore, the proposal accords with Policies 6, 7 and 46 of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted 1998). It is recommended that the application be approved, subject to lorry routeing arrangements, a Section 278 Agreement and conditions.

Recommendation

That planning permission for the change of use from B1 to composting of non-toxic wastes at Broughton Down Farm, Broughton (Application No. TVS 07423/2) be granted, subject to lorry routeing arrangements, a Section 278 Agreement to secure highway improvements and the following conditions:

    Timing

    (1) The development hereby permitted shall commence within five years from the date of this permission.

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

    Hours of Operation

    (2) No lorries shall enter or leave the site and no construction work shall take place except between the hours of 0730-1800 Monday to Friday and 0730-1300 Saturday. There shall be no lorry movements or construction on Sunday and public holidays.

      Reason: To protect the amenities of local residents.

    Pollution Prevention

    (3) The foul drainage system should be sited so as not to cause pollution of any watercourse, well, borehole, spring or ground water.

      Reason: To prevent pollution of the water environment.

    (4) Only clean surface water from roofs and paved areas should be discharged to any soakaway.

      Reason: To prevent pollution of the water environment.

    Odour

    (5) There shall be no noticeable odour arising from the works at the development boundary.

      Reason: In the interests of local amenity.

    Noise

    (6) No development shall take place until a scheme, detailing how any air extraction system will be enclosed, has been submitted to and approved in writing by the Waste Planning Authority.

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

    Lighting

    (7) Details of any external lighting shall be submitted to and approved in writing by the Waste Planning Authority prior to the development commencing. Development shall be carried out in accordance with the approved details.

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

    Pest Control

    (8) A scheme detailing measures for pest control shall be submitted to and approved in writing by the Waste Planning Authority prior to the development commencing. Development shall be carried out in accordance with the approved scheme.

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

    Highways

    (9) No vehicle shall enter the public highway unless its wheels and chassis are clean.

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

    (10) Lorry movements to and from the site shall be restricted to 100 per week. A daily record of lorries 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.

    (11) No development shall commence until the access road and visibility splays have been laid out, constructed and surfaced in accordance with details which have first 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.

      Reason: In the interests of highway safety.

    Type of Waste

    (12) 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.

Section 100 D - Local Government Act 1972 - background papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

NB the list excludes:

1.

Published works.

2.

Documents which disclose exempt or confidential information as defined in the Act.

TITLE

LOCATION

Change of use from B1 to composting of non-toxic wastes at Broughton Down Farm, Broughton (Application No. TVS 07423/2) (County Council Ref. TV204)

Environment Department

7950/NC

APPENDIX

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

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 MW6

Planning authorities will seek a reduction in the quantity of waste requiring treatment or disposal, including a significant reduction in the quantity of non-inert waste disposed by landfilling.

The waste planning authorities will seek, through policies and proposals in the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan and day- to-day development control, the provision of sufficient facilities to meet the need for the management of all unavoidable waste (excluding special waste) arising in Hampshire.

Having regard to Policy MW1(v), permission will be granted for:

(i) facilities for the re-use and recycling of waste, including the production of secondary and recycled aggregate materials;

(ii) facilities for composting, anaerobic digestion, incineration with energy recovery and other methods of resource recovery waste processing sufficient only to cater for unavoidable non-inert waste which is not re-used or recycled;

(iii) landfill capacity sufficient only for the disposal of unavoidable waste which is no re-used, recycled or processed; and

(iv) waste transfer stations to serve areas of local waste processing and disposal facility shortages;

provided that the development would not have unacceptable environmental, traffic or other impact.

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.