Contact: Neil Chester, ext 6496

1. Summary

1.1 Planning permission is sought to import, screen and stockpile topsoil prior to re-sale and provide single storey office and ancillary storage containers at the former Ministry of Defence (MOD) oil storage depot, Fawley Power Station Access Road, Fawley. Notwithstanding local concern regarding increased noise, the proposal is relatively small scale and therefore is unlikely to give rise to significant environmental issues. Any adverse impacts of the proposal can be satisfactorily mitigated and therefore, it is recommended that the application be approved subject to conditions.

2. Site and Proposal

2.1 The application site is located between Fawley Power Station and Ashlett Creek Wastewater Treatment Works (see attached location plan) near the village of Fawley. The site is approximately 0.8 hectares and currently comprises storage containers and a topsoil storage bund. Fawley Power Station occupies land to the east and Ashlett Creek Wastewater Treatment Works lies to the north west. There is also a gravel pit to the south of the site. The nearest residential property is approximately 200 metres from the application site.

2.2 The site was previously used by the MOD for oil storage and has not been restored. In January 2002 retrospective planning permission was granted for the storage of topsoil in the south west corner of the site. The site is currently constructed from compacted hardcore and is part of a larger parcel of open land.

2.3 The application site is located approximately 500 metres to the south west of the Hythe and Calshot Marshes Site of Special Scientific Interest (SSSI) and the Solent and Southampton Water Special Protection Area (SPA), Special Area of Conservation (SAC) and RAMSAR site. The site lies immediately adjacent to the proposed New Forest National Park.

2.4 The proposal is to import, screen and temporarily store topsoil at the site, prior to re-sale. The topsoil arises from projects involving the redevelopment of land where excess topsoil must be removed. The stone content will be stockpiled separately from the soil and sold as secondary aggregate for use in construction projects. The amount of topsoil imported to the site will depend on market fluctuations but will not exceed 5,000 m³ per year.

2.5 The proposal includes a loading shovel, soil screener and waterhose/bowser. In addition, a single storey portacabin will be used for office and staff facilities and shipping containers will be used for ancillary storage. Informal parking will be provided adjacent to the office portacabin.

2.6 The proposed opening hours are Monday to Friday 0730 to 1830 hours and 0730 to 1330 hours on Saturday. The soil screener would operate between 0900 and 1730 hours Monday to Friday and not at all at weekends.

2.7 The proposal is anticipated to generate on average 6 lorry movements per day, with a maximum of 12 movements per day. Access to the site is from the B3053 via the private Fawley Power Station road.

3. Development Plan

3.1 Hampshire County Structure Plan Review 1996-2011 (adopted March 2000), Policy MW1 refers to the hierarchy of waste management; MW2 refers to the environmental impact of the proposal.

3.2 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted 1998) Policy 6 and 7 refer to the environmental impact of the proposal; Policy 25 refers to the re-use of secondary aggregates; and Policy 46 refers to the recycling and storage of waste materials.

4. Consultations

4.1 New Forest District Council raises no objections to the proposal.

4.2 Fawley Parish Council raises no objections to the proposal.

4.3 The Environment Agency raises no objections to the proposal subject to conditions to prevent pollution of the water environment.

4.4 The comments of New Forest District Council Environmental Health Officer are awaited.

4.5 English Nature has not responded to the consultation.

4.6 The Rights of Way Adviser raises no objections to the proposal.

4.7 The Highways Adviser raises no objections to the proposal.

5. Representations

5.1 The local Member, Councillor Coles, has been informed of the proposal.

5.2 There have been two letters of objection concerning the proposal. The main reasons for objection are:

(i) increased noise pollution; and

(ii) adverse impact on the ecology of the area.

6. Chief Planning Adviser's Comments

6.1 The proposal is to import, screen and stockpile topsoil at a former MOD oil storage depot near Fawley. The screened topsoil and secondary aggregates produced by the screening process will then be sold.

6.2 The principle of recycling and re-using materials is supported by Policy 46 of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted 1998) and Policy MW1 of the Hampshire County Structure Plan Review 1996-2011 (adopted 2000).

6.3 The application site was previously developed by the MOD as an oil storage depot. The storage tanks and associated pipelines were removed and the site was made safe when the oil storage use ceased, although the site was not restored. There is no provision for the restoration of the site and therefore, according to the definition of previously developed land within Planning Policy Guidance Note 3 (Housing), it is brownfield. This accords with Policy 46(iii)(b) of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted 1998).

6.4 The issue therefore, is whether the proposal is acceptable in environmental terms, in particular, the noise and ecological impacts of the proposal.

6.5 Local residents state that during the creation of the existing topsoil bund (which received planning permission in January 2003) the screening of soil and lorries reversing alarms resulted in an unacceptable noise impact. Local residents have raised concerns that, as a similar operation, this proposal is also likely to generate unacceptable noise levels. However, the hours of operation for the soil screener are restricted to weekdays only. It is not anticipated that the site will be intensively used as it is of a relatively small scale. The site will handle a maximum of 5,000m³ of material per year. The advice of the Environmental Health Officer is awaited.

6.6 However, if the proposal is approved a noise attenuation condition can be attached to any permission. The applicant has indicated a willingness to accept such a condition. Furthermore, it is recommended that a temporary permission be granted for a period of two years. This will enable the impact of the proposal to be clearly assessed.

6.6 There is also concern from local residents regarding the impact of the proposal on local ecology. The application site is located approximately 500 metres to the south west of the Hythe and Calshot Marshes SSSI and the Solent and Southampton Water SPA, SAC and RAMSAR site. The application site is located 500 metres from the designated sites and the Ecological Adviser raises no objections to the proposal.

6.7 The proposal is supported by policy and of a relatively small scale. However, the environment impact of the proposal is not clearly known and therefore, it is recommended that the application be approved for a temporary period subject to conditions.

Recommendation

That planning permission to import, stockpile and screen topsoil and provide single storey site office and ancillary storage containers at the former Ministry of Defence oil storage depot, Fawley Power Station Access Road, Fawley (Application No. 78225) (County Council Ref. NF235) be granted, subject to the following conditions:

Timing

(1) The development hereby permitted shall be for a limited period only, expiring on 16 July 2005 or when the permitted use ceases, whichever is the sooner. At the expiration of this period the buildings, plant and machinery shall be removed and the land reinstated to in accordance with the agreed restoration scheme.

Reason: To comply with Section 91 of the Town and Country Planning Act 1990 and provide an opportunity for monitoring of the environmental impacts.

Hours of Operation

(2) No screening or other processing of materials shall take place except between the hours of 0730-1830 Monday to Friday and not at all at weekends or public holidays.

Reason: To protect the amenities of local residents.

(3) No lorries shall enter or leave the site except between the hours of 0730 and 1830 Monday to Friday and 0730 to 1330 on Saturday. There shall be no lorry movements or construction on Sunday and public holidays.

Reason: To protect the amenities of local residents.

Pollution Prevention

(4) 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 of the water environment.

(5) No development approved by this permission shall be commenced until a scheme for the disposal of foul and surface waters has been approved by and implemented to the reasonable satisfaction of the Waste Planning Authority.

Reason: To prevent pollution of the water environment.

Highways

(6) 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.

(7) Lorry movements to and from the site shall be restricted to 12 per day. 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.

Type of Waste

(8) No waste shall be deposited at or imported into the site except soils.

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

Restoration

(9) Within three months of the date of this permission a detailed landscaping scheme shall be submitted to the Waste Planning Authority for approval. Upon cessation of the development herby permitted the approved landscaping scheme shall be implemented in full within one year.

Reason: In the interests of the amenities of the area and ensure satisfactory restoration of the site.

Noise

(10) All plant and machinery shall operate only in the permitted hours, except in emergency, and shall be silenced at all times in accordance with the manufacturers recommendations.

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

(11) No development shall occur until a noise attenuation scheme has been submitted and approved by the Waste Planning Authority.

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

8076/NC

APPENDIX

HAMPSHIRE COUNTY STRUCTURE PLAN 1996-2011 (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 25

Secondary aggregates

The Mineral Planning Authorities will grant planning permission for the use of land and the erection of plant and buildings for the production or supply of secondary or substitute aggregate materials (including aggregates produced from waste materials ) provided they are satisfied that:

(i) the location is suitable for the development proposed; and

(ii) the development would not be likely to cause unacceptable environmental, traffic or other impact.

In assessing the suitability of proposed sites for the production or supply of secondary or substitute aggregate materials the Mineral Planning Authority will have particular regard to the criteria for the location of waste recycling facilities in Policy 46.

The current extent of use of secondary or substitute aggregate materials is not fully known and it is not yet possible accurately to forecast future availability of and demand for these materials. Much will depend upon what, if any, measures the Government takes to encourage and promote their use. The April 1994 version of MPG6 sets targets for the use of secondary and recycled material in England of 40 million tonnes a year by 2001 and 55 million tonnes a year by 2006. It envisages a total of 140 million tonnes of secondary and recycled material being used in the South East region over the period 1992-2006, being about 26 per cent of the total for England. Assuming that about 8 per cent of the aggregates consumed in the South East Region are used in Hampshire, the equivalent target figures for the use of secondary and recycled material in Hampshire are about 0.8 million tonnes a year by 2001 and about 1.1 million tonnes a year by 2006. The Councils believe that there is, in particular, potential for a significant increase in the production and use of aggregates from construction and demolition waste in Hampshire. Therefore, the establishment of waste crushing and recycling plants for the production of aggregate materials will be supported at suitable locations.

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.