Hampshire County Council Regulatory Committee 22 October 2003 Applicant: BKP Environmental Services Limited The Restoration of Former Refuse Tip to Agriculture at Former Refuse Site, Bunny Lane, Timsbury (Application No. TVS00963/9) (County Council Ref. TV093) Report of the Chief Planning Adviser to the Regulatory Committee

Item 6

Contact: Julia Davey, ext 6732 email: [email protected]

1. Summary

1.1 Planning permission is sought to import soils and inert spoil arising from BKP Environmental Services Limited's dry waste transfer station in Bunny Lane into land east of Bunny Lane (almost opposite the applicant's existing site). The recommendation is to grant permission, subject to conditions.

2. Site

2.1 The site extends across 2.83 hectares of land that was once an old sand quarry and waste tip, east of Bunny Lane. To the north of the site is an existing gas works. To the south is agricultural land and to the east is woodland, which falls away towards Timsbury Lake. The lake is connected via tributaries to the River Test.

2.2 The applicant operates an existing dry waste transfer station south-west of the site on the opposite side of Bunny Lane, beyond which lies Casbrook Park.

2.3 The site lies within the Valley of the River Test Heritage Area.

2.4 The nearest residential property to the site is Squirrel Lodge, some 160 metres to the north-west on Rudd Lane.

3. Proposal

3.1 Planning permission is sought to import inert spoil from its existing transfer site on Bunny Lane into the application site by tractor and trailer.

3.2 The purpose of the proposal is to improve the quality of the land so that it can be used for agriculture.

3.3 It is proposed to create a new access with accompanying visibility splays north of the existing agricultural site access off Bunny Lane. This access has been discussed on-site with the County Council's Highway and Landscape Advisor prior to the application being submitted.

3.4 The development would involve the importation of approximately 47,200 cubic metres of soils, by tractor and trailer, over a period of three to four years. This would include a 400 millimetre covering of topsoil. The soils would arise from the applicant's screening processes taking place at its dry waste transfer station over the road on the applicant's existing premises.

3.5 The number of tractor and trailer movements per day would be approximately 12 (6 loads in and 6 loads out).

3.6 The hours of operation would be 0600 to 1800 hours Monday to Friday and 0600 to 1300 hours on Saturday. There would be no working on Sunday or bank holidays.

4. Development Plan

4.1 Hampshire County Structure Plan Review 1996-2011 (adopted March 2000) - Policies MW2, MW3 and Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted December 1998) Policy 37.

5. Consultations

5.1 Braishfield Parish Council raise no objection subject to hours of working not commencing prior to 07.00; and that Bunny Lane is kept free of mud at all times.

5.2 The County Council's Highway Advisor states that Bunny Lane has a 60 mph speed limit and any new accesses onto it should provide visibility splays of 4.5 x 215 metres in either direction. However, as it is understood that the application would only generate a fairly low number of tractor and trailer movements per day, the Highways Adviser states that visibility splays of 2.4 metres back from the highway, as opposed to 4.5 metres, would be acceptable. In conclusion, the Highways Adviser states that no objection is raised to the application, subject conditions, including dimensions for visibility splays and restriction on tractor and trailer movements.

5.3 Michelmersh Parish Council raises no objection to the proposal.

5.4 The Environment Agency raise no objection to the proposal.

5.5 The Environmental Health Officer raises no objection, in principle to the proposal, subject to a contaminated land condition being imposed on any consent granted. It is stated that the reasons for requesting the condition are that:

(i) the gas survey submitted with the application is insufficient as it was carried out nearly three years ago and the situation may have drastically changed since then.

(ii) the site report submitted with the application did not include any intrusive investigation to determine whether or not the site is contaminated.

(iii) as the site was tipped over 30 years ago, although it was only supposed to have taken earth spoils and construction waste, there is no guarantee that is all that was tipped.

(iv) the site was closed due to a long burning fire which, in itself would have produced large amounts of ash, carbon and other contaminating substances.

(v) the report states that the site has received some illegitimate uses such as fly tipping. The site was also used to tip street sweepings and the waste from composting trials which all may have resulted in contamination.

(vi) the proposed use is agricultural, which is a very sensitive use.

The Environmental Health Officer also suggests that a later start time than 06.00; for example 07.30 or 08.00 would be more acceptable.

6. Representations

6.1 The local Member, Councillor Woodhall, raises no objection to the proposal and supports the views of the Parish Council.

6.2 Test Valley Borough Council raise no objection to the proposal.

6.3 At the time of writing no representations have been made to the application.

7. Chief Planning Adviser's Comments

7.1 The site was restored many years ago under quite basic pre-1960 planning permission. This has resulted in a site that has been technically restored in accordance with its planning permission but which would not today be considered suitable for agriculture.

7.2 It is considered, therefore, that there is a need to improve the land through the importation of soils in order that it can satisfactorily support agricultural after-use.

7.3 The comments of the County Council's Highway Adviser regarding the reduced visibility splays and the need for conditions restricting the number of tractor and trailer movements per day. Likewise, the comments of the Environmental Health Officer requiring a contamination condition is noted. The request of Braishfield Parish Council and the Environmental Health Officer for a later than proposed start time of 06.00 is supported and if manning permission is granted, it is suggested that the start time be stipulated by way of condition as 07.30.

7.4 It is recommended, that planning permission for the importation of soils and inert spoil to restore a former refuse tip at Bunny Lane, be granted, subject to conditions.

Recommendations

That, planning permission in respect of the restoration of a former refuse tip to agriculture at Bunny Lane, Timsbury (TVS00963/9) be granted, subject to the following conditions:

Time Limit

(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.

(2) This permission shall be limited to a period of four years from the notified date of commencement of the development, by which time tipping operations shall have ceased and the site shall have been restored to agriculture in accordance with the scheme approved under condition 4 below, and shall be the subject of after-care for a period of five years, to be implemented in accordance with the scheme submitted under condition 25.

Reason: To provide for the completion and progressive restoration of the site within the approved timescale in the interest of local amenity and the landscape character of the area.

Commencement

(3) The developer shall give the Waste Planning Authority a minimum of seven days notice of commencement of the development.

Reason: To enable the Waste Planning Authority to control the development and to monitor the site to ensure compliance with the planning permission.

Restoration

(4) Prior to the development commencing, a scheme of tipping and restoration shall be submitted to the Waste Planning Authority for approval in writing.

Reason: In the interests of local amenities and to ensure the land is restored to a suitable standard to support an agricultural after use.

Hours of Working

(5) No vehicle shall enter or leave the site and no working shall take place except between the hours of 0730 and 1800 Monday to Friday, and 0730 to 1300 on Saturday. There shall be no tipping operations or working on Sunday, bank holidays or public holidays.

Reason: In the interests of local amenities.

Type of Waste

(6) Only uncontaminated and screened soils and spoil arising from the screening of inert waste at the applicants existing site on Bunny Lane, shall enter the site unless otherwise agreed in writing beforehand by the Waste Planning Authority.

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

(7) Before the commencement of the tipping operations subject of this permission, the limits of the area to be used for soil disposal shall be clearly defined on site and approved by the Waste Planning Authority. Thereafter:

(i) no waste shall be deposited outside those areas approved for that purpose; and

(ii) a survey of levels shall be carried out (and submitted to the Waste Planning Authority for approval) at intervals of not less than every 12 months starting from the date on which tipping operations commence.

Reason: To ensure the proper restoration of the site in accordance with the submitted plans.

Tipping Levels

(8) As the operation approaches final fill levels, before the spreading of topsoil, surface levels shall be checked by competent land surveyors and the results submitted to the Waste Planning Authority for approval in writing

Reason: To ensure proper restoration of the site.

Traffic and Access

(9) No development shall commence until a new vehicular access and visibility splays of 2.4 x 90 metres have been provided to the north of the proposes access and 2.4 x 60 metres to the south, to the satisfaction of the Waste Planning Authority. The visibility splays shall be clear above a height of 1.05 metres.

Reason: In the interests of highway safety.

(10) No development shall take place until the first 15 metres of the access road have been surfaced in a non-migratory material

Reason: In the interests of highway safety.

(11) No more than three tractor and trailer loads shall be delivered to the site in any one hour (six movements) and no more than 10 loads shall be delivered in any one day (30 movements).

Reason: In the interests of highway safety.

(12) Any gate on the access road will be set back 15 metres from the edge of the public highway.

Reason: In the interest of highway safety.

(13) On completion of the restoration to the satisfaction of the Waste Planning Authority the access road shall be removed and the access to the highway closed and restored to the satisfaction of the Waste Planning Authority.

Reason: In the interests of highway safety.

(14) Upon completion of the new access and visibility splays referred to under condition 9, all access to and egress from the site shall be via the new access hereby approved. No other access shall be used by traffic entering or leaving the site and all traffic entering the site shall be by tractor and trailer as outlined in the application

Reason: In the interests of highway safety.

(15) Measures shall be taken to ensure that no mud or debris is deposited on the highway and that wheels of vehicles entering the highway are clean.

Reason: In the interests of highway safety.

(16) Restoration on completion of tipping shall include removal of all hard standings and replanting of the original hedgerow, to the satisfaction of the Waste Planning Authority across the access.

Reason: To ensure the character of Bunny Lane is retained and enhanced as appropriate.

Dust

(17) No development shall commence until a scheme to minimise the emission of dust from the development hereby authorised has been submitted to and approved in writing by the Waste Planning Authority. Such a scheme shall include (the water spraying of access and haul roads to suppress dust in periods of prolonged dry weather), and shall be implemented in full and the suppression equipment thereafter maintained in accordance with the manufacturer's instructions for the duration of the permission, unless with the Waste Planning Authority's prior written approval of a variation.

Reason: To protect the amenities of local residents.

Noise

(18) No plant, machinery or vehicles shall be used on the site unless fitted with silencers maintained in accordance with the manufacturer's recommendations and specification and measures shall be taken to ensure that no significant noise impact is caused to nearly noise sensitive properties from operations on the site.

Reason: In the interests of local amenities.

Drainage

(19) Prior to the development commencing, a scheme for drainage of the land during tipping operations and post restoration shall be submitted to the Waste Planning Authority for approval in writing.

Reason: To protect the local environment.

(20) There shall be no discharge of trade effluent, sewage effluent or contaminated waste water from the site into any Environment Agency `controlled waters' viz. soakaways, ditches, watercourses, ponds or lakes.

Reason: To safeguard water quality.

(21) No surface water from the site shall be discharged into any ditch, watercourse drain or area of surface water unless it has first passed through a suitably sized oil interceptor.

Reason: To prevent pollution of receiving waters {where this is not covered by controls under Environmental Protection Act}.

Landscaping

(22) The existing trees/bushes/hedges within the site shall be retained/protected in a manner to be approved in writing by the Waste Planning Authority before the development commences for the duration of the development and no trees or shrubs shall be damaged, destroyed, uprooted, felled, lopped or topped during that period without the previous written approval of the Waste Planning Authority. Any such trees or shrubs removed without permission, or dying or being seriously damaged or diseased during that period, shall be replaced in the following planting season with trees of such size and species as may be approved with the Waste Planning Authority.

Reason: In order to safeguard the visual amenity of the area.

(23) No development shall take place until a detailed scheme for the landscaping of the site has been submitted to and approved in writing by the Waste Planning Authority. Such scheme shall include details of:

(i) the positions, species and sizes of all existing trees, shrubs and hedgerows to be retained, and the proposals for their protection throughout the operations;

(ii) the positions, species, density and initial sizes of all new trees and shrubs;

(iii) any hard landscaping proposed;

(iv) the programme of implementation of the scheme; and

(v) the arrangements for subsequent maintenance.

(vi) clarification of any hedgerow or trees to be removed.

The scheme as approved shall be carried out in full (unless with the prior approval of the Waste Planning Authority in writing to a variation).

Reason: The provision and maintenance of a satisfactory degree of landscaping is considered essential in the interest of visual amenity.

Permanent Cessation of Tipping

(24) In the event of a cessation of delivery of waste to the site prior to the achievement of the completion of the restoration approved in condition 4, which constitutes a permanent cessation of tipping, a restoration scheme, to include details of aftercare, shall be submitted in writing for approval to the Waste Planning Authority, within six months of the cessation of importation. The approved scheme shall be implemented within six months of the written approval unless otherwise approved in writing by the Waste Planning Authority.

Reason: To enable the Waste Planning Authority to adequately control the development and to ensure that the land is restored to a suitable condition.

Aftercare

(25) An aftercare scheme showing the steps to be taken to restore the physical characteristics of the land, so far as it is practicable to do so, to a condition suitable for (agriculture) shall be submitted for the approval of the Waste Planning Authority by not later than six months from the date of this permission.

Reason: To ensure the land is suitably restored to a standard suitable for agricultural use.

Contaminated Land

(26) No works pursuant to this permission shall commence until they have been submitted to and approved in writing by the Local Planning Authority.

(i) a desk top study documenting all the previous and existing land uses of the site and adjacent land in accordance with national guidance as set out in Contaminated Land Research Report Nos. 2 and 3 and BS10175:2001 - Investigation of Potentially Contaminated Sites - Code of Practice and unless, otherwise agreed in writing by the Local Planning Authority.

(ii) a site investigation report documenting the ground conditions of the site and incorporating chemical and gas analysis identified as appropriate by the desk top study in accordance with BS10175; and unless, otherwise agreed in writing by the Local Planning Authority.

(iii) a detailed scheme for remedial works and measures to be undertaken to avoid risk from contaminants and/or gases when the site is developed and proposals for future maintenance and monitoring. Such schemes shall include nomination of a competent person to oversee the implementation of the works.

Reason: To ensure a safe living/working environment

(27) The development hereby permitted shall not be occupied or brought into use until these have been submitted to the Waste Planning Authority verification by a competent person approved under the provisions of condition 26, that any remediation scheme required and approved under the provisions of condition 26 has been implemented fully in accordance with the approved details (unless varied with the written agreement of the Waste Planning Authority in advance of implementation). Unless otherwise agreed in writing by the Waste Planning Authority, such verification shall comprise:

(i) as built drawings of the implemented scheme;

(ii) photographs of the remediation works in progress: and

(iii) certificates demonstrating that imported and/or material left in situ is free from contamination.

Thereafter, the scheme shall be monitored and maintained in accordance with the scheme approved under condition 26.

Reason: To ensure a safe living/working environment

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 have 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
BKP Environmental Services Limited The Restoration of Former Refuse Tip to Agriculture (Application No. TVS00963/9) (County Council Ref. TV093)	Environment Department

8272/JD

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 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 37

The Waste Planning Authorities will grant planning permission for waste disposal by land filling provided they are satisfied that:

(i) the waste to be disposed of cannot practicably and reasonably be reduced, re-used, recycled or processed at a resource recovery plant and there is a proven need for the disposal of the waste by land filling which cannot reasonably be met by other suitable existing or permitted waste disposal facilities within a reasonable distance of the source of the waste by the preferred areas in Policy 38; and

(ii) the proposed land filling would normally take place within a mineral working site that:

(a) is an active extraction site; or

(b) has been unsatisfactorily restored and land filling would enable satisfactory restoration to be achieved; or

(c) has been restored below original levels and there would be an environmental benefit from the raising of levels by infilling; and

(iii) the proposed site is located near 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

(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.