Archived decisions

Contact: Peter Chadwick, ext: 6728 email: [email protected]

1. Summary

1.1 The proposal is to develop a recycling facility to produce secondary aggregate at Lode Farm Quarry, Kingsley. The proposal is in accordance with policy being within an active mineral operation which includes the importation of waste to achieve restoration. The application site is well screened visually and environmentally acceptable with direct access to the local lorry route. There will be an impact from the additional lorry traffic but it is not considered sufficient to warrant refusal. Therefore it is recommended to grant permission subject to conditions.

2. Site and Proposal

2.1 The site, as shown on the attached plan, is within Lode Farm Quarry part of Kingsley Sand Quarry. The quarry has planning permission for sand extraction to 31 December 2018, with restoration to be completed by
31 December 2019. The site is within Lode Farm, which is the location of the sand washing plant, sand stockpiles and distribution, blending plant, silt lagoons and offices.

2.2 Kingsley Quarry is located on the outskirts of Kingsley with access from the B3004, the nearest houses adjoin the north-west and eastern boundary of Lode Farm. Further houses are on the other side of the B3004. The quarry is also adjacent to the proposed South Downs National Park.

2.3 The proposal is to bring in about 100,000 tonnes per year of inert construction, demolition and skip hire wastes, comprising concrete, brick, masonry, rubble, asphalt road planings and other similar materials. The proposed sorting and processing, crushing and screening plant and stocking area would be within an area of 0.84 hectares within Lode Farm (which totals 10.1 hectares). The proposal would include a new internal access and wheel cleaning facilities. The existing weighbridge, welfare facilities and access to the B3004 would be used.

2.4 All non recyclable wastes and fines that are not suitable for reuse will be used in the approved quarry restoration. It is estimated that about 25,000 tonnes per annum would be used for restoration.

2.5 The quarry currently generates about 56 lorry movements per day. These proposals would generate 52 lorry movements per day without backhauling. Taking into account backhauling the applicant calculates that this figure could be reduced to 39 lorry movements per day.

2.6 The crushing and screening plant would comprise diesel powered mobile units fitted with silencers and sound attenuation panels. The recycling process would comprise a pre-screening plant (to remove any oversize materials and steel reinforcing bars), crushing and then grading. The crushing would not be continuous, but would be carried out when about 5,000 tonnes of material had been stockpiled. The crushing would be carried out around six times a year, each time for a week.

2.7 The hours of operation are proposed to be the same as the quarry, which are 0700 to 1800 hours Monday to Friday, 0700 to 1300 hours on Saturday with no working on Sundays or recognised public holidays. A noise assessment was carried out which concluded that even with the worst case scenario the impact for the nearest houses was within accepted criteria.

2.8 The applicants consider that the proposal has benefits in both recovering recyclable wastes for reuse and facilitating the quarry restoration by attracting material for restoration. In addition the proposal would use existing infrastructure, environment and management controls, make best use of transport, make use of disturbed land within the mineral site, which is well screened and with good highway access.

2.9 There is also a planning application for development of Topsport and merchanting operations at the quarry (see agenda item 11). The proposal is located within a different part of the quarry although using the same access.

3. Development Plan

3.1 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (Adopted 17 December 1998) Policy 7 concerns proposals for waste development and Policy 46 concerns proposals for waste recycling.

4. Consultations

4.1 East Hampshire District Council raises objection on the grounds that the proposal would result in intensification of the development on this site within this area of countryside immediately adjacent to the proposed National Park, to the detriment of the locality and to adjacent occupiers by reason of dust, noise and increased traffic, contrary to the policies of the Hampshire, Portsmouth and Southampton Mineral and Waste Local Plan.

4.2 The Environmental Health Officer (East Hampshire District Council) raises no objection subject to imposition of conditions including noise limits, noise monitoring and restriction on the number of days per year the concrete crusher operates at the site.

4.3 The Environment Agency - comments awaited.

4.4 Countryside Agency - comments awaited.

4.5 East Hampshire AONB (Area of Outstanding Natural Beauty) Officer comments that the site adjoins the boundary of the Proposed South Downs National Park, and considers there would be an impact due to the increase in lorry movements to and from the site as well as impact on local amenity from noise and dust. Recommend a temporary consent for five years to assess impact. Also wish to see appropriate landscape restoration condition similar to that existing for current minerals permission.

4.6 The Highways Adviser comments that the site is located on B3004, a local lorry route, linking the A325, also a local lorry route, to A31, a strategic lorry route. The site currently generates about 56 lorry movements per day, which could increase to 108 movements if the proposal is implemented. The accident records indicate that no vehicles associated with the site have been involved in accidents on the B3004. The only personal injury accident involving a lorry recorded in the last three years occurred when a car overtook a lorry on a bend and collided with a vehicle coming the opposite way. The Highways Adviser raises no objection to the proposal subject to conditions which limit lorry movements and prevent mud being deposited on the highway.

4.7 Kingsley Parish Council raises strong objection to the application. The reason is that the proposal conflicts with Policy 7 paragraph (xii) of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan, which states;

`The likely cumulative impact of the proposed development in combination with any other likely significant development taking 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.'

Kingsley Parish Council state that the Regulatory Committee should not consider the application in isolation but consider the cumulative impact of traffic and social disruption from:

(i) sand exports from Grooms Farm;

(ii) Sleaford concrete batching plant;

(iii) sand exports from Lode Farm;

(iv) sand exports from Baigents Hill;

(v) scheme for earth spoils at former Sleaford Landfill Site;

(vi) recycling Selborne Brick Works;

(vii) waste tipping Selborne Brickworks;

(viii) clay exports from Selborne; and

(ix) the current appeal for recycling at Bordon Sandpit.

Kingsley Parish Council state that Policy 7 was adopted to avoid this circumstance of a heavy concentration of activities taking place simultaneously in one small area. The parish submits that consideration of the application should be delayed until after the Bordon Sandpit appeal has been determined, the movement of soils to former Sleaford Landfill Site completed, and recycling at Selborne reviewed. The application should then be critically looked at again with regard to the BPEO (Best Practical Environmental Option) and proximity principles.

4.8 Worldham Parish Council support the concept of recycling but are concerned at consequential damage to the B3004 and increase in the level of lorry traffic passing through East Worldham and Kingsley. It is understood that the B3004 is a designated lorry route but wishes to register objection unless:

(i) That Hampshire County Council will undertake to monitor and budget for the yearly deterioration of the B3004, and to take regular action to repair wear and tear damage which will inevitably increase as a result of this planning permission.

(ii) That positive action is taken on safety grounds to restrict the speed of lorries passing through East Worldham to 30 miles per hour.

4.9 The local Member, Councillor Filer, has been informed of the proposal.

5. Representations

5.1 Twenty five letters of objection have been received from local residents. The objections are on the grounds of the impact this industrial activity will have on the village in terms of noise, dust and heavy goods vehicle traffic, and the cumulative impact of vehicle movements associated with the extraction of sand from Grooms Farm and Lode Farm, concrete batching plant at Sleaford, concrete crushing at Selborne, and soil importation to former Sleaford Landfill Site (and possible additional recycling plant if appeal allowed at Sleaford). Community being swamped by these activities and it is time to consider the cumulative effect of the impact of traffic and social disruption caused.

6. Chief Planning Adviser's Comments

6.1 The County Council strongly supports the recycling of construction and demolition waste to provide secondary aggregate. This has benefits both in recycling waste and reducing the demand for natural aggregates. The location of the site within an existing operational quarry, where waste is imported for site restoration, is in accordance with policy. The issues with this application are the environmental impacts for local residents in terms of traffic, noise and dust and visual intrusion.

6.2 Although the comments about cumulative impact are primarily related to lorry traffic and are pertinent, the site has direct access to the B3004 (which is a local lorry route) and is technically capable of accommodating the traffic, the lorry traffic associated with the site will either travel through Kingsley to get to the A325 or through Worldham to get to Alton. Therefore there will be an environmental impact for local residents from the increase in lorry traffic. There are a number of operations within the locality which is a consequence of the geology as all the sites referred to originate from mineral extraction. In considering these operations Baigents Hill is part of Grooms Farm and did not increase daily lorry movements. The proposals for the former Sleaford Landfill Site are short term. The concrete batching plant is a longstanding operation serving the local market. The proposed recycling at Bordon Sandpit was refused planning permission, and although subject to appeal is not relevant in the consideration of this application. However there are clearly several minerals and waste operations in the locality which generate lorry traffic, the issue is whether this impact on local amenity is unacceptable, and whether the impact additional lorry traffic associated with this proposal is sufficient to warrant a refusal of planning permission. In considering this impact the environmental benefits of increased recycling to provide secondary aggregate have to be considered, and on balance it is considered that these benefits override the local impact.

6.3 Noise and dust are concerns for all waste recycling proposals involving construction and demolition waste. The application was accompanied by a noise report, which demonstrates that the recycling would meet accepted standards. The proposals include measures for dust control, and the crusher would require authorisation from Environmental Health concerning emissions. The location of the proposed recycling site within the quarry also means that the quarry sides afford protection. Similarly the quarry ensures that the plant and stockpiles would not be visually intrusive.

6.4 Objection has been raised that the proposal does not meet BPEO and Proximity principles. The proposed recycling to provide secondary aggregate complements the primary aggregate worked from the site using existing distribution and marketing arrangements. The recycling of this waste, the use of existing infrastructure, more efficient use of transport and contribution to quarry restoration all accord with the purpose of BPEO. Whilst serving a wider market than the immediate locality it is considered that the proposal is consistent with the proximity principle because of links to the local lorry network and existing quarrying activity at the site.

6.5 In conclusion, there are significant benefits in locating recycling facilities for producing secondary aggregate at operational quarries because existing infrastructure can be used to provide a complementary range of products and so increase the rate of recycling. The application site is well screened visually and environmentally acceptable with direct access to the local lorry route and the proposal is in accordance with policy. There will be an impact from the additional lorry traffic but this impact is considered insufficient to warrant refusal.

Recommendation

That planning permission in respect of the development of an aggregates recycling facility to facilitate quarry restoration including construction of a new internal roadway and provision of wheel cleaning equipment at land at Lode Farm Quarry, Kingsley (F24847/017/CMA) 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 (summary attached) and would not materially harm the character of the area or the amenity of local residents and would be acceptable in terms of highway safety and convenience.

Conditions

Commencement

(1) The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

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

Timescale

(2) The waste recycling operations hereby permitted shall cease and all plant, equipment, hard standings, stockpiles and waste removed by 31 December 2018.

Reason: In the interests of local amenity.

Hours of Working

(3) Unless otherwise agreed in writing by the Mineral Planning Authority no heavy goods vehicles shall enter or leave the site and no plant or machinery shall be operated except between the following hours:

(i) 0700 to 1800 hours Monday to Friday;

(ii) 0700 to 1300 hours on Saturday: and

(iii) there shall be no working on Sundays or recognised public holidays.

Reason: In the interests of local amenity.

Protection of Water Environment

(4) Any facilities for the storage of oils, fuels or chemicals 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.

Noise and Dust

(5) Noise from operations carried out on the site, measured or predicted as dBLAeq, 1 hour levels, shall not exceed the background noise level at the boundary of any residential property (measured as dB LA90) by more than 10 dBA during working hours with a maximum allowable noise level of 55 LAeq, 1 hour at the boundary of any residential property during the same hours. Temporary works necessary to the operation of the site for creating baffle mounds and construction of new permanent landforms can exceed the noise control criteria set out above at the boundary of any residential property up to a maximum of 70 dBLAeq, 1 hour for up to eight weeks per year.

Reason: To prevent noise disturbance to the residents of the nearest houses.

(6) Within three months of the date of this consent a scheme for noise monitoring shall be submitted to the Mineral Planning Authority for approval in writing. The scheme shall be implemented as approved.

Reason: In the interests of local amenity.

(7) Concrete crushing operations shall be restricted to 36 working days per year. A record of the days of use shall be kept at the site and made available to the Mineral Planning Authority on request.

Reason: In the interests of local amenity.

(8) The 4 metre high screen bund shown on drawing K41/24 shall be constructed prior to recycling commencing and maintained for the duration of the development. If the overburden storage bunds to the east of the site are removed, recycling operations shall cease until a suitable replacement acoustic barrier has been installed.

Reason: In the interests of local amenity.

(9) Dust suppression measures shall be submitted to and approved by the Mineral Planning Authority in writing. The approved measures shall be implemented for the duration of the development.

Reason: In the interests of local amenities.

Highways

(10) Lorry movements to and from the site shall be restricted to
52 per day. A daily record of lorry's entering and leaving the site shall be kept at the site and made available to the Mineral 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.

(11) Measures shall be taken to prevent mud from vehicles leaving the site being deposited on the public highway. The measures shall be implemented for the duration of the development and no lorry shall leave the site unless its wheels and chassis have been cleaned sufficiently to prevent mud being carried onto the highway.

Reason: In the interests of highway safety.

(9) All loaded lorries, except those only carrying aggregate over
50 millimetres, shall be sheeted or have their loads otherwise enclosed before leaving the site.

Reason: In the interests of highway safety.

Restriction of Permitted Development Rights

(10) Notwithstanding the provisions of Parts 4, 8 and 25 Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that order) fixed plant or machinery, buildings, structures and erections shall not be erected, extended, installed or replaced at the site without the prior written agreement of the Mineral Planning Authority.

Reason: To protect the amenities of the area.

8808/PC

APPENDIX

HAMPSHIRE, PORTSMOUTH AND SOUTHAMPTON MINERALS AND WASTE LOCAL PLAN (ADOPTED 17 DECEMBER 1998)

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 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.