Archived decisions
Hampshire County Council Regulatory Committee 16 July 2003 Applicant: Mr Keith P Butler Report of the Chief Planning Adviser to the Regulatory Committee |
Item 8 |
Contact: Neil Chester, ext 6496
1. Summary
1.1 Planning permission is sought for a change of use from agricultural land to a recycling centre for green waste at The Pebbles, Southwick Road, Boarhunt. Green waste is imported by local landscaping and gardening businesses and either composted or burnt. The composted material is then sold. Notwithstanding the need to recycle green waste, the visibility at the junction between the highway and the site access is inadequate and results in an adverse impact on highway safety.
1.2 Despite the merits of the development, it is recommended that the application be refused, because of the implications for highway safety.
2. Site and Proposal
2.1 The site is located off Southwick Road between the villages of Wickham and Boarhunt (see attached location plan), and is part of a larger land holding, which mainly comprises polythene tunnels. The application site measures 0.2 hectares and lies adjacent to several paddocks to the north, south and east. There are two accesses to the site off Southwick Road (Access A and Access B). Access B is also a public footpath, which continues past the application site.
2.2 The proposal is to compost green waste, including grass cuttings and leaves and burn any woody material, for example tree branches. Both composting and burning has occurred less intensively for a number of years. Complaints concerning pollution resulting from the burning material have been made to Winchester City Council who instigated the submission of the application.
2.3 Green waste is imported to the site by a number of small landscaping and gardening businesses. The waste is usually brought to the site in transit size vehicles. Although the occasional lorry enters the site, the applicant does not encourage large vehicles. There are currently two accesses from Southwick Road. These are both rough, primarily single lane tracks, although Access B is wider than Access A. Completed compost is sold from the site to landscape companies and gardeners. This generates further traffic movements to and from the site. The exact number of vehicle movements is not known.
2.4 There is approximately 1,000 m3 of composting material at the site, which is near its capacity. The green waste is mixed with straw and manure from the local stables and regularly turned using a tractor. Any soil brought to the site is screened and mixed with the ash from the fire. This is either sold or mixed with the compost.
3. Development Plan
3.1 Hampshire County Structure Plan Review (1996-2011) (adopted March 2000) Policy MW2 refers to the environmental impact of development; Policy MW6 refers to facilities for the re-use and recycling of waste.
3.2 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted 1998) Policies 6 and 7 refer to environmental impact; Policy 46 refers to waste processing facilities.
4. Consultations
4.1 Winchester City Council raises no objection to the proposal, subject to conditions limiting the volume of waste to be imported to the site.
4.2 Boarhunt Parish Council supports the proposal because it serves a local need and reduces fly tipping.
4.3 The Environment Agency raises no objections to the proposal. The proposal will require a waste management licence.
4.4 Winchester City Council Environmental Health Officer raises no objection to the composing element of the proposal, but objects to any burning on site.
4.5 The Ramblers' Association raises no objections to the proposal.
4.6 The Rights of Way Adviser raises no objection to the proposal providing that signs requiring vehicles to give way to pedestrians be erected along the footpath.
4.7 The Highways Adviser objects to the proposal because the visibility splays at the junction between both access A and access B and the highway are inadequate. This would cause danger and inconvenience to users of the adjoining highway.
4.8 The local Member, Councillor Felicity Hindson, has been informed of the proposal.
5. Representations
5.1 Two anonymous letters of objection have been received from local residents. The residents have objected for the following reasons:
(i) burning should not be considered recycling;
(ii) smoke causes choking and layer of ash;
(iii) burning is continuous; and
(iv) unsuitable and dangerous traffic implications.
6. Chief Planning Adviser's Comments
6.1 The proposal is to import and either compost or burn green waste. Manure is imported from a local stables, used in the composting process, and the completed compost product sold from the site. There are two accesses to the site from Southwick Road. The majority of vehicles importing waste are vans or trucks.
6.2 There are two main elements to the proposal: firstly, the composting of green waste and secondly, the burning of green and wood waste.
6.3 The principle of composting green waste is supported by Policy 46 of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted 1998). Paragraph 6.77 of the Minerals and Waste Local Plan states that "in the case of proposals for the composting of `green' waste which are akin to farmyard activities, it may be appropriate for them to be located at suitable sites within the countryside". The issue is therefore, whether the application site is suitable for the proposed activities.
6.4 The second element to the proposal is the burning of larger green waste material. The incineration of waste can provide a valuable energy resource. This is not the case at The Pebbles, where material is burnt on an open bonfire. However, the ash is mixed with soil to improve fertility, which is either used in the composting process or is sold.
6.5 The Environmental Health Officer (Winchester City Council) has received complaints regarding the burning of waste material at the application site. The advice is that material should not be imported for the purpose of burning at this site due to the adverse impact on local residents and amenity caused by smoke, ash and odour. A condition could be attached to any permission prohibiting burning at the site.
6.6 There is concern that the proposal will have an adverse impact on the safety of other highway users. This concern is supported by the highways advisor. Visibility at Access A is 4.5 metres by 9.9 metres to the left and 4.5 metres by 12.2 metres to the right. The visibility splays at Access B is 4.5 metres by 11.1 metres to the left and to the right is 4.5 metres by 10.2 metres. The national standard is 4.5 metres by 120 metres for a 40 mph road. The junction between both accesses and the highway are substandard in terms of visibility. Visibility can be improved by significant trimming or even removal of the hedgerows along the site frontage. The hedges are however, outside of the applicant's ownership and therefore a legal agreement would be necessary to secure the required improvements. The applicant has yet to indicate whether the owners of the hedgerow would be willing to agree to this.
6.7 Access B is also a public footpath which continues past the site. There will potentially be a conflict between pedestrians and vehicles using the footpath. The Ramblers' Association does not object to the proposal provided that all rights of way close to the site are maintained. Furthermore, erection of signs along the footpath will be necessary to mitigate conflict between pedestrians and vehicles.
6.8 The Parish Council supports the proposal because of the need for a low cost `recycling' centre, arguing that fly tipping would increase if the site was not available, and that the collection and disposal of horse manure is a valuable service. The principle of recycling green waste is supported by local and national policy and serves a local need. The proposed site does not currently benefit from planning permission or a Waste Management Licence. The operating costs are therefore less than an authorised site, which is reflected in the charge for tipping.
6.9 Notwithstanding the need for the development, the proposal would have an adverse highway impact and therefore, does not accord with Policies 6, 7 and 46 of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted 1998). It is therefore recommended that the application be refused.
Recommendation
That planning permission for the change of use to recycling centre for green waste at The Pebbles, Southwick Road, Boarhunt (Application No. 03/01094/HCM W06265/10) (County Council Ref. WR191) be refused for the following reasons:
(1) The application would have a detrimental impact on the safety of the highway. The visibility at the junction between the site access and the highway is inadequate and road safety would be compromised.
(2) The need for the development does not outweigh the unacceptable traffic impact on the locality. Therefore, this development would be contrary to Policy MW7 of the Hampshire County Structure Plan and Policies 7(ii) and 42 of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan.
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 to recycling centre for green waste at The Pebbles, Southwick Road, Boarhunt (Application No. 03/01094/HCM W06265/10) (County Council Ref. WR191) |
Environment Department |
8059/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 andthe 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.