Contact: Neil Chester, ext. 6496 email: [email protected]

1. Summary

1.1 Planning permission is sought for a change of use from an intensive beef unit to green waste composting at Thorns Farm. The need for the proposal is not questioned and composting is a suitable activity for a farmyard location. However, the impact of the proposal on the safety and amenity of the local road network is not clearly known. Therefore the recommendation is that permission be granted for a temporary period of 12 months, subject to conditions.

2. Site

2.1 The application site is approximately one hectare in size, and is located within the existing farm complex at Thorns Farm, Sowley Lane, East End, near Lymington (see attached location plan). Until recently the site was used as an intensive beef unit and comprises an area of hardstanding and two large silage clamps. Farm buildings to the east and agricultural land to the north, south and west surround the application site. Access to the site is from Sowley Lane along the existing farm road.

2.2 The site is within an Area of Outstanding Natural Beauty (AONB) and within the proposed boundary of the New Forest National Park. Sowley Lane is designated as a Site of Special Scientific Interest (SSSI) because some of the verges are of high nature conservation value.

3. Proposal

3.1 The proposal is to import approximately 3,000 tonnes of green waste per annum from Lymington to Thorns Farm, with a maximum of 1,000 cubic metres being composted at any one time. The material will be composted on site before being spread on the surrounding land of the Sowley Estate to improve soil structure and fertility.

3.2 It is proposed to use the existing hardstanding and silage clamps as a reception area, a processing area, and a maturation area for green waste and a storage area for the finished product. The majority of the one hectare site will comprise the maturation area, whilst only 200 square metres will be used for processing material.

3.3 The green waste will initially be shredded. It will then be stored in windrows not exceeding four metres in height and turned on a regular basis. The process of composting will naturally heat the green waste up to 65 degrees within 24 hours, thus ensuring pathogens and weed seeds are killed. The composting process is complete after approximately 12 weeks. Before spreading the compost on the surrounding agricultural land it is screened to remove any woody material. This material is returned to the windrows for further composting.

3.4 The proposed hours of operation are from 07:30 to 18:00 Monday to Friday and 08:00 to 16:00 on Saturdays. The processing machinery (e.g. shredder) will only be operational approximately once every 10 days. The proposed hours of waste delivery are between 07:30 and 18:00 Monday to Friday, 08:00 to 16:00 on Saturdays, and 10:00 to 16:00 on Sundays and Bank Holidays.

3.5 The proposal will generate an average of four lorry movements per day. There will be less than two per week for the majority of the year, although it would reach a peak of approximately ten movements immediately after public holidays when the supply of green waste is highest. The waste material will be transported in bulk containers with an average payload of eight tonnes per vehicle

4. Development Plan

4.1 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; and Policy MW3 refers to development within the New Forest.

4.2 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted 1998) Policy 6 and 7 refers to the environmental impact of the proposal; Policy 8 refers to the New Forest Heritage Area; and Policy 46 refers to composting.

5. Consultations

5.1 New Forest District Council objects to the proposal because it is felt that the proposal would detract unacceptably from the quiet rural character of the New Forest Heritage Area (and AONB), particularly as a result of additional lorry movements on local forest roads.

5.2 East Boldre Parish Council objects to the proposal for the following reasons:

(i) the number and size of the lorries will have an adverse impact on the safety and amenity of the highway, which was not designed for large, heavy vehicles;

(ii) the proposal is within the boundary of the proposed New Forest National Park and will have an adverse impact on the landscape character of this `tranquil' area;

(iii) the potential adverse impact to the safety of grazing stock in the surrounding villages and forest; and

(iv) the area is already experiencing an increase in large vehicles and equipment associated with farming activities and to introduce further large heavy vehicles would have an adverse impact on the communities of the area.

5.3 Beaulieu Parish Council objects to the proposal as the local access roads are unsuitable for heavy traffic.

5.4 NFDC Environmental Health Officer raises no objections to the proposal subject to permission being granted for a temporary period only and restrictions to the hours of operation.

5.5 The Environment Agency raises no objections to the proposal subject to conditions concerning drainage from the site.

5.6 English Nature objects to the proposal because the proposed number of lorry movements may lead to overrunning of the verges and consequently damage to the SSSI. English Nature would have no objection to 1-2 lorry movements per day.

5.7 The Council for National Parks raises no objection to the proposal.

5.8 The Highways Adviser is concerned that the roads leading to and from the site are of insufficient width (between 2.3 metres and 5 metres) to safely accommodate the proposal. The Highways Adviser considers that there are more suitable sites in highways terms.

6. Representations

6.1 The local Member, Councillor Thornber, raises no objection to the proposal.

6.2 The District Councillor, Councillor Neath, objects to the proposal due to the impact on the local road network.

6.3 There have been four letters of objection from local residents. The main reasons for the objections are as follows:

(i) the size and quantity of traffic generated by the proposal will have an adverse impact on the safety and amenity of the highway;

(ii) the local road network is of an insufficient width to accommodate large, heavy vehicles;

(iii) the proposal will generate increased noise and odour;

(iv) the proposal will have an adverse impact on the safety of grazing animals due to the increased traffic; and

(v) the proposed operating hours currently include Saturdays, Sundays and Bank Holidays, which will have an adverse impact on the amenity of local residents.

7. Chief Planning Adviser's Comments

7.1 The composting of green waste accords with Policy MW1 of the Hampshire County Structure Plan Review 1996-2011 (adopted 2000) and Policy 46 of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted 1998). Furthermore, paragraph 6.77 of the Minerals and Waste Local Plan states "in the case of proposals for the composting of green (garden) waste which are akin to farmyard activities, it may be appropriate for them to be located at suitable sites within the countryside". The key issue is therefore whether the site is suitable, specifically in terms of the ability of the local highway network to accommodate the proposed lorry movements and whether the proposed hours of operation are reasonable.

7.2 The concerns of the District Council, Parish Council's and local residents regarding the number of lorry movements and the size of vehicles are noted. However, until recently the application site was an intensive beef unit, which is associated with considerable heavy traffic movements. The proposed composting operation is likely to give rise to fewer lorry movements and therefore have a reduced impact on the local highway network.

7.3 In addition, the proposal is to compost green waste accumulated at the Household Waste Recycling Centre in Efford. Planning Policy Guidance Note 10 (Waste Management) states that "waste should generally be managed as near as possible to its place of production, because transporting waste itself has an environmental impact". Thorns Farm would be a facility located within the New Forest National Park for the purposes of managing waste arising within the National Park. Thus the proposal accords with the proximity principle.

7.5 English Nature is concerned that the increase in lorries using Sowley Lane will result in overrunning on the verges. This will damage the nature conservation value of the verges and therefore have an adverse impact on the SSSI. It is acknowledged that the proposal is located within a sensitive area and thus requires strict controls to mitigate any adverse impact. The Highways Adviser recommends that the daily number of lorry movements be restricted to four. Furthermore, it is recommended that permission be granted for a temporary period of 12 months to clearly assess the impact of the proposal.

7.4 In addition, English Nature supports local concern that the proposed lorry movements will pose a hazard to the commoning stock that graze the verges. This grazing plays an important role in managing the verges for nature conservation. These concerns are noted. However, their merit does not outweigh the need for the development. Furthermore, there are speed restrictions in place within the New Forest to address this issue.

7.5 Local residents and East Boldre Parish Council are concerned that the proposed hours of operation and deliveries will adversely impact on the amenity of the area. The Parish Council refers to the Strategy for the New Forest (April 2003), which identifies the application site as being within a particularly tranquil area of the New Forest. In addition, the nearest noise sensitive property is 85 metres from the application site. The Environmental Health Officer advises restricting the hours of operation to between 0800 and 1700 Monday to Friday.

7.6 The proposed hours of delivery include both weekends and Bank Holidays. However, in response to local concern the applicant is prepared to restrict deliveries to weekdays and Saturdays.

7.7 The proposal is for a change of use and does not involve the erection of any buildings or the creation of further hardstanding. The proposal is akin to farmyard activities and therefore it is not considered that the development will have any adverse impact on the landscape character of the New Forest National Park or the AONB.

7.8 The need for the proposal is not questioned and composting is a suitable activity for a farmyard location. However, the impact of the proposal on the safety and amenity of the local road network is not clearly known. Therefore the recommendation is that permission be granted for a temporary period of 12 months subject to conditions.

Recommendation

That planning permission in respect of change of use from intensive beef unit to green waste composting facility at Thorns Farm, Sowley Lane, East End Lymington (78713) be granted subject to the following conditions:

Time Limits

(1) The development hereby permitted shall be for a limited period only, expiring on 10 September 2004 or when the composting use ceases, whichever is the sooner. At the expiration of this period all plant and machinery shall be removed and the land reinstated to its former condition as soon as possible.

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.

Highways

(2) Deliveries of waste to the site, inclusive of movement of vehicles to and from the site, shall be confined to between the hours of 08.00 and 17.00 Mondays to Fridays and 08.00 to 17.00 on Saturday. No waste shall be delivered on Sundays, Bank or Public holidays.

Reason: Deliveries outside these times would result in unnecessary injury to residential amenity.

(3) Unless with the prior agreement of the Waste Planning Authority in writing, there shall be no more than four lorry movements in connection with the development hereby approved on any day. A record of the daily numbers of laden vehicles arriving at the site shall be made known in writing to the Waste Planning Authority within seven days of a written request for that information.

Reason: To limit the volumes of traffic in the interests of the amenity of residents on and near the approaches to the site.

Noise

(4) All vehicles, plant and machinery operated within the site shall be 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

(5) No plant or machinery shall be operated except between the hours of 08.00 and 17.00 Mondays to Fridays. There shall be no operations on Saturdays, Sundays, bank holidays and public holidays.

Reason: In the interests of local amenity.

Water Protection and Pollution

(6) Prior to any development commencing, a surface water management scheme should be submitted for approval to the Waste Planning Authority. The scheme should be implemented as approved for the duration of the development.

Reason: To prevent pollution of the water environment.

(7) There shall be no discharge of foul or contaminated drainage from the site into either groundwater or any surface waters, whether direct or via soakaways.

Reason: To prevent pollution of the water environment.

Production Limits

(8) There shall be no more than 1000 cubic metres of green waste or composted material on the site at any time. Windrows shall not exceed 4 metres in height.

Reason: To limit the impact of the development on the surrounding area.

(9) Prior to the development commencing a site layout plan shall be submitted to the Waste Planning Authority for approval. It shall clearly identify the area of composting. The layout should be implemented as approved throughout the duration of the development.

Reason: To minimise impact on the character and landscape of the AONB and New Forest Heritage Area.

Miscellaneous

(10) There shall be no burning on site.

Reason: In the interests of local amenity

(11) Unless agreed in writing by the Waste Planning Authority, no composted material shall be exported from the site except for spreading on the Sowley Estate. A record should be kept in a site diary of all exports to the Sowley Estate.

Reason: In the interests of the local amenity and to reduce the traffic movements on local roads.

(12) No waste shall be deposited at or imported into the site other than waste originating from a Hampshire Household Waste Recycling Centre serving the New Forest National Park (namely Efford or Somerley), unless with the prior agreement in writing of the Waste Planning Authority.

Reason: To ensure the development hereby permitted serves the local community and accords with the proximity principle.

8150/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.

Policy MW3

Permission will not be granted for minerals and waste development which is likely to cause material harm to any of the following designated areas and sites:

The New Forest;

Areas of Outstanding Natural Beauty;

Special Areas of Conservation;

Special Protection Areas;

Wetlands of International Importance (Ramsar Sites);

Sites of Special Scientific Interest;

National Nature Reserves;

nationally important archaeological sites and monuments, whether scheduled or not, and their settings;

Conservation Areas;

Listed Buildings; and

Parks and Gardens of Special Historic Interest on English Heritage's National Register;

except where the mineral/waste planning authority considers that there is an overriding need for the development to take place in the public interest which outweighs the harm that would be caused, having regard to the level of protection given to the designation concerned in legislation or government guidance.

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 8

Applications for planning permission for minerals or waste development in the following areas will not be granted save when the development would not prejudice the purpose of the designation and where there is an overriding need for the development to take place in the public interest:

(i) the New Forest Heritage Area;

(ii) Areas of Outstanding Natural Beauty;

(iii) National Nature Reserves, Sites of Special Scientific Interest, Special Protection Areas, Special Areas of Conservation and Wetlands of International Importance (Ramsar Sites);

(iv) Scheduled Ancient Monuments and their settings;

(v) Conservation Areas, Listed Buildings, and sites on the National Register of Parks and Gardens of Special Historic Interest.

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.