Archived decisions

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

1. Summary

1.1 Planning permission is sought for a new wastewater treatment works and drainage area to replace the existing septic tank and soakaways at Pragnells Cottages, North Lane, West Tytherley. Test Valley Borough Council have objected to the proposal on the grounds that it will result in damage to tree roots in a Conservation Area. Notwithstanding this concern, the recommendation is that planning permission be granted subject to conditions.

2. Site

2.1 The application site is approximately 0.07 hectares and is located to the rear of Pragnells Cottages, North Lane, West Tytherley (see attached location plan). There is currently a septic tank and a land drainage system on the site that serves the eight properties which form Pragnells Cottages. Vehicular access to the site is from North Lane via the adjacent car park. The site is located within the West Tytherley Conservation Area.

3. Proposal

3.1 The proposal is to replace the existing septic tank with a new wastewater treatment plant at Pragnells Cottages. The septic tank is failing to operate satisfactorily, particularly when the water table is high. The septic tank has overflowed on numerous occasions resulting in complaints from the public to both the Parish Council and the Environmental Health Officer at Test Valley Borough Council.

3.2 Furthermore, the existing land drainage system serving the septic tank does not operate effectively in dry weather and operates in reverse in wet weather. The tank therefore requires emptying approximately once per week in the summer and up to three times per week in the winter.

3.3 The new wastewater treatment works would include the provision of a new land drainage area, a pump and rising main to raise treated effluent to the land drainage area (63 millimetre pipe at 600 millimetres depth), a control cabinet (foundations 200 millimetres deep) and a sample chamber to enable The Environment Agency to monitor the effluent.

4. Development Plan

4.1 Hampshire County Structure Plan Review 1996 - 2011 (Adopted March 2000) Policy MW2 refers to the environmental impact of waste development.

4.2 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (Adopted December 1998) Policies 6 and 7 refers to the environmental impact of development; Policy 51 refers to waste water treatment works and associated development.

5. Consultations

5.1 West Tytherley Parish Council raises no objection to the proposal, subject to the proposal not resulting in an adverse noise impact and the plant not creating problems for neighbouring properties.

5.2 Test Valley Borough Council objects to the proposal as they consider that the control box, effluent drain and pipework are located such that their installation will cause significant root damage to trees within the Conservation Area. This would be contrary to Policy D1.2 and Policy DES08 of the Test Valley Borough Local Plan (initial Deposit Draft, January 2003).

5.3 The Environment Agency raises no objection to the proposal.

5.4 The Highways Adviser raises no objection to the proposal.

5.5 The Environmental Health Officer (Test Valley Borough Council) raises no objections to the proposal.

6. Representations

6.1 The Local Member, Councillor Woodhall has been informed.

6.2 There have been no objections from local residents to date.

7. Chief Planning Adviser's Comments

7.1 Policy 51 of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted 1998) states that permission will normally be granted for wastewater treatment facilities providing that;

(i) the need for the development cannot be met at a more environmentally acceptable site; and

(ii) the proposed development is located and designed in such a way as to minimise any adverse environmental or other impact.

7.2 The proposal accords with Policy 51 (i). The existing arrangement for sewage from Pragnells Cottages is inadequate and does not operate satisfactorily. There is a clear need for a replacement wastewater treatment works to serve these properties and the site is the only practicable location.

7.3 Test Valley Borough Council are concerned that the proposed control cabinet, effluent drain and associated pipework will result in significant root damage to trees on the site. This concern is noted. However, the location of the drain is constrained by Pragnells Cottages and a boundary hedge and the proposal is the only practicable route. Furthermore, the proposed drain would comprise a 63 millimetre diameter pipe, which is relatively flexible and would be sunk a maximum of 600 millimetres into the ground. The landscape advice is that careful working practice would avoid significant root damage. It is therefore recommended that a condition be attached to any permission requiring the developer comply with the approved working methodology. The foundations of the control cabinet are only 200 millimetres deep and will not adversely impact on tree roots.

7.4 Notwithstanding the Borough Council's concerns, it is considered that the proposed development is designed in such a way as to minimise adverse environmental impact and therefore, the proposal accords with Policy 51 (ii) of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan.

7.5 West Tytherley Parish Council raises no objections providing that the proposal does not give rise to an adverse noise impact. Small works such as this are unlikely to give rise to significant noise issues. The Environmental Health Officer supports this view.

7.6 The need for the proposal is not questioned and the potential impact on tree roots can be satisfactorily mitigated. Therefore, the recommendation is that permission be granted subject to conditions.

Recommendation

That planning permission in respect of new wastewater treatment works and drainage area to replace existing septic tank and soakaways at Pragnells Cottages, North Lane, West Tytherley (TVS07592/3) be granted permission for the following reason and subject to the following conditions.

Reason for Approval

It is considered that the proposal would be in accordance with the Development Plan (as summarised in the attached abstract) and would not materially harm the trees within the Conservation Area or the amenity of local residents.

Conditions

(1) The development hereby permitted shall be begun before the expiration of five year's from the date on which this planning permission was granted.

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

(2) Construction works shall only take place between 0800 to 1800 hours Monday to Friday and 0900 to 1300 hours on Saturday. No work shall take place on Sundays or bank holidays.

Reason: To protect the amenity of local residents..

(3) The development hereby approved shall be carried out in accordance with the details submitted in the statement detailing work in the vicinity of trees (Document CJL/J200/03).

Reason: To protect trees within the Conservation Area.

(4) The trees and hedges to be retained shall be protected during building operations by the erection of protective fencing. The existing trees shall not be lopped, topped, felled or destroyed without the prior approval in writing of the Local Planning Authority.

Reason: To ensure the enhancement of the development by the retention of natural features.

(5) The developer shall notify the County Council at least 48 hours prior to commencing any work or operations within five metres of any tree.

Reason: To protect the trees within the Conservation Area.

8512/NC

APPENDIX

HAMPSHIRE COUNTY STRUCTURE PLAN REVIEW 1996 - 2011 (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.

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 51

Development for the treatment or disposal of waste waster (sewage) and for the handling, treatment, processing and disposal of sewage sludge will be permitted provided the Waste Planning Authority is satisfied that:

(i) the need for the proposed development cannot practicably and reasonably be met at a more environmentally acceptable site; and

(ii) the proposed development is located and designed in such a way as to minimise any adverse environmental or other impact that the development would be likely to give rise to, including visual intrusion, odour, noise, traffic and any secondary effects of sludge disposal, having particular regard to the need to safeguard the amenities of the occupants or users of houses and other buildings in the locality.