Archived decisions

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

With the concurrence of the Chairman of the Regulatory Committee under Section 100(B)(4)(b) of the Local Government Act 1972, this matter is included on the agenda to enable the Committee to respond to the consultation without unreasonable delay.

1. Summary

1.1 In accordance with DoE Circular 18/84: Crown Land and Crown Development, HM Prison, Winchester has issued a Notice of Proposed Development on Crown Land.

1.2 The proposal is to construct a community recycling training centre at the prison, working in partnership with Winchester Mental Health Alliance.

1.3 The recommendation is to raise no objection to the Notice of Proposed Development but requires conditions to ensure that the environmental impact of the development is minimised.

2. Background to Guidance Crown Land Development

2.1 Development by the Crown at present does not require planning permission. Nevertheless Government Departments, in this case HM Prison, Winchester, have a duty to consult the appropriate planning authority before proceeding with the development. The planning authority, in this case Hampshire County Council, treats the Notice in the same way as it would a Statutory Planning application.

2.3 When forming its view on the Notice of Development, the County Council is required to have regard to the views of anyone consulted and to any comments it receives in response to the publicity given. If the proposal is considered acceptable the County Council may specify what conditions (if any) are required. Reasons for considering the proposal unacceptable must be clearly stated.

3. Site

3.1 The 0.425 hectare site lies immediately to the west of the new HM Women's Prison accommodation block in the north-west corner of the prison's fenced boundary. The site is located outside the main prison wall. It is now derelict land formerly used for prison staff quarters, which were demolished some 15 years ago. On the south-west corner of the site are shipping containers used for storage.

3.2 Beyond the site to the north and west are residential areas. Immediately bordering the site to the west, and separated by a maximum 1.8 metre wall and fence, are the rear gardens of Greenhill Close. To the north-west is Greenhill Terrace and to the north, at a significantly lower level (and separated from the site by allotments and private garages) is Greenhill Road. The nearest house to the site is No.35 Greenhill Close, the rear elevation of which is less than 10 metres from the south-west corner of the site (where shipping containers are currently standing).

3.3 Access to the site is by the existing visitor prison entrance off Romsey Road.

3.4 The site is located in a very sensitive area with respect to groundwater because it lies within the Source Protection Zone 1.

4. Proposal

4.1 The Winchester Alliance for Mental Health is partnering HM Prison, Winchester in the proposed development of a Community Recycling Training Centre. The purpose of the recycling training centre is to provide new work and employment opportunities to the socially excluded in Hampshire.

4.2 The non-profit making enterprise will train offenders close to release, together with the socially excluded, in new work skills, to provide a source of potential labour for recycling work within Hampshire and reduce the number of ex-offenders returning to crime.

4.3 Day-to-day operations within the centre would include:

(i) compacting cardboard packaging arising from businesses within Winchester city centre;

(ii) shredding and baling paper to provide animal bedding products;

(iii) renovation of wood materials arising from the construction industry;

(iv) repair and rebuilding of wooden pallets;

(v) processing aluminium cans and foil from Winchester city centre shops and businesses;

(vi) production of compost from community garden products;

(vii) training towards NVQ Qualifications in Waste Management; and

(viii) fork lift truck training.

4.4 Two supervisors from HM Prison and Mental Health Alliance respectively would operate in the centre at any one time. It would provide training for up to 12 individuals at a time.

4.5 The new building would measure 9 metres in ridge height, 9 to 13 metres deep and 32 metres long. The walls would be constructed of brick and metal cladding, with a green metal-clad roof. Some trees would need to be felled.

4.6 The building would be located in excess of 40 metres from the nearest private residential property.

4.7 Boundary landscape treatment is proposed, including trellis fencing, earthworks and planting.

4.8 Hours of working would be 0830 to 1630 hours Monday to Friday only. There would be no working on public holidays.

4.9 An estimate of the quantities and types of materials to be imported per week are:

(i) 10 tonnes paper and cardboard;

(ii) 3 tonnes wood; and

(iii) 1 tonne cans and aluminium foil.

4.10 Smallscale composting may also be undertaken.

4.11 All storage of materials would take place internally or within shipping containers. There would be no open storage of material.

4.12 The materials would be recycled using plant such as wood shredder, baler and planer.

4.13 No more than six in/out movements by transit-type pick-up trucks/7.5 tonne box lorries, with the odd heavy goods vehicle, would be expected to access the site per day.

4.14 Dust and noise suppression measures would be implemented to reduce impact on local amenities.

5. Development Plan

5.1 The Development Plan policies against which the Notice should be considered are:

(i) Hampshire County Structure Plan Review 1996-2011 (Adopted March 2000) Policies MW1 and MW2; and

(ii) Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (Adopted December 1998) Policy 46.

6. Consultations

6.1 The comments of Winchester City Council and Environmental Health are awaited.

6.2 The local Member, Councillor Mrs Dickens, raises no objection to the proposal.

6.3 Development Control Highways and the Civil Aviation Authority raise no objection to the proposal.

6.4 The Environment Agency Southern raises no objection, subject to conditions preventing pollution of the water environment.

6.5 Waste Management supports the principle of engaging the local community in recycling but acknowledges the need to design and manage the development in a sensitive manner to avoid adverse impact to the amenity of adjacent residents.

7. Representations

7.1 Four letters of objection have been received to the development from occupiers of nearby houses - three from residents of Greenhill Close adjacent to the western site boundary and one from a resident of Greenhill Road to the north. In summary, objections are raised on the grounds of:

(i) raised noise levels;

(ii) loss of trees;

(iii) dust and pollution from recyclable materials burning or incineration;

(iv) building will be a visual intrusion and will tower over house as so high;

(v) concern about offenders moving so freely about near houses;

(vi) impact on value of property;

(vii) training areas should be located away from people's houses within confines of HM Prison;

(viii) odour; and

(ix) noise from associated traffic.

8. Chief Planning Adviser's Comments

8.1 The proposal is a pilot partnership project between HM prison and Winchester Mental Health Alliance. The only land available at HM Prison, Winchester is the application site.

8.2 The site is not ideal as it is small and directly adjacent to the rear gardens of private houses. Objections from local residents are noted. Discussion is continuing with the City Council's Environmental Health Officer about how the proposal might be amended and the potential for noise pollution reduced. The applicant's proposal to include importation of community green waste for composting purposes is noted. It is considered that composting of green waste would likely create an odour problem to adjacent residents and that a condition should be imposed prohibiting composting on the site.

8.3 Security is not an issue. Prisoners of the same level that would be trained in this development already have free access to the site. Indeed many journey in and out of the prison to help out in the local community such as in the kitchens of Winchester hospital and working on the buses. There would be no increased threat placed by the development proceeding.

8.4 The formal view of the Environmental Health Officer on the submitted noise information is awaited.

Recommendation

That the County Council raises no objection in principle to the Notice of Development on Crown Land in respect of a community recycling training centre at HM Prison, Romsey Road, Winchester (03/03580/GVN), subject to the applicant satisfying the Environmental Health Officer on noise and amenity issues and subject to the following conditions:

Conditions

Time Limits

(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.

Hours of Working

(2) No works relating to the construction, implementation and operation of the development shall take place except between the hours of 0830 and 1630 Monday to Friday. There shall be no working or construction activities on Saturday or Sunday or recognised public holidays.

Reason: In the interests of local amenities.

(3) 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: In the interests of local amenities.

Types of Waste

(4) No waste other than those waste materials defined in the application shall enter the site and no composting of green waste shall take place on the site.

Reason: In the interests of local amenities and because waste materials outside these categories raise environmental and amenity issues which would require consideration afresh.

Access and Routeing

(5) No waste shall be deposited at or imported into the site except via the access shown on the approved plan.

Reason: In the interests of local amenities.

(6) No waste or any material approved by way of this permission shall be imported to the site until the access road, buildings, parking and manoeuvring provision have been laid out, constructed and surfaced in accordance with details which shall first have been submitted to and approved in writing by the Waste Planning Authority. These areas shall thereafter be retained and kept available for these purposes for the duration of this permission.

Reason: To ensure the building and its access is constructed with due regard to highway safety and the local environment.

Environmental Management Scheme

(7) No development shall commence until an Environmental Management Scheme addressing all issues which could give rise to amenity impacts such as noise, dust, lighting, machinery maintenance, reversing alarms, cladding of machinery and control over door closure on northern elevation of the building has been submitted to and approved by the Waste Planning Authority in writing.

Reason: To protect the amenities of local residents.

(8) Best practicable means shall be taken to ensure that all vehicles leaving the site are in such conditions as not to emit dust or deposit mud, slurry or other debris on the highway.

Reason: In the interests of highway safety and to prevent mud and dust getting on the highway.

(9) No sewage or trade effluent (including vehicle wash or vehicle steam cleaning effluent) should be allowed to enter surface or ground waters.

Reason: To prevent pollution of the water environment.

(10) All areas where waste is stored, handled or transferred shall be underlain by impervious hardstanding with dedicated drainage to foul sewer or sealed tank.

Reason: To prevent pollution of the water environment.

(11) All surface water from roofs should be piped to an approved surface water system using sealed downpipes. Open gullies should not be used. Inspection manholes shall be provided and clearly identified on foul and surface water drainage systems. Foul sewage pipework and connections shall be made of ductile iron or a suitable alternative and no soakaways for treated sewage effluent or septic tanks shall be located within a Source Protection Zone 1.

Reason: To prevent pollution of groundwater. The site lies within the Source Protection Zone 1 for the public water supply (ie within a 50 day travel time from the borehole(s), and measures are needed to avoid pathogen contamination of the water supply).

(12) The method of demolition and construction for the development shall be carried out in accordance with a scheme to be approved in writing by the Waste Planning Authority prior to any development commencing.

Reason: The site is in a very sensitive location with respect to groundwater, and in order to protect the quality of drinking water supplies, the working methods will need to be carefully considered.

(Additional conditions and views of the Environmental Health Officer to be reported orally at the meeting.)

Landscaping

(13) The landscape and planting works approved by way of this permission shall be completed by the end of the first planting season following the completion of development. Any plants which die, are removed, or become diseased or damaged within a period of five years after planting, shall be replaced as soon as possible with others of similar size and species.

Reason: To ensure that the appearance of the development is satisfactory, and that adequate provision is made for the maintenance of the landscape.

Other

(14) Unless with the prior agreement of the Waste Planning Authority in writing more no than 8 vehicles (16 movements) carrying waste shall enter the site on any day. The daily numbers of laden vehicles arriving at the site shall be made known in writing to the Waste Planning Authority within two 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.

(15) Samples and/or details of the materials and finishes to be used for the external walls and roofs of the proposed buildings shall be submitted to and approved by the Waste Planning Authority in writing before the development commences.

Reason: In the interests of visual amenity and to secure a satisfactory development.

8725/JD

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 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.