Archived decisions

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

1. Summary

1.1 Planning permission is sought for a variation of Condition (2) of Planning Permission 03/57813/006 to allow deliveries of green waste to Manor Farm, Hayling Island on Sundays and public holidays. It is recommended that permission be granted, subject to conditions. As the odour issues raised by the Environmental Health Officer can be addressed by Condition (7) on the existing permission, it is unlikely that the proposed increase in lorry movements will have a significant adverse impact which outweighs the merits of the proposal.

2. Site

2.1 The application site (as shown on the attached plan) is approximately 0.19 hectares and is located within an existing farmyard at Manor Farm, Hayling Island. The County Council granted planning permission for on-farm composting of green waste in May 2003 (Planning Permission 03/57813/008). Access to the site is from the A3023 via the existing farm track.

3. Proposal

3.1 Condition (2) of Planning Permission 03/57813/008 states that "no vehicle shall enter or leave the site and no working shall take place except between the hours of 0800 to 1700 Mondays to Saturdays. There shall be no working on Sundays, bank holidays and public holidays". The proposal is to vary Condition (2) to allow deliveries of waste on Sundays and recognised public holidays. The proposal will result in approximately six lorry movements per day on Sundays and recognised public holidays.

3.2 The majority of green waste is brought to the site from the Household Waste Recycling Centre (HWRC) on Hayling Island. There is not sufficient capacity at the HWRC to store green waste. Accordingly, as a high proportion of household green waste is produced on Sundays and public holidays the current practice is to transport the green waste from Hayling Island HWRC to Down End landfill site in Fareham, approximately 15 miles away.

3.3 The site has been operational for approximately one year. The Environmental Health Officer has received two complaints relating to odour since granting planning permission. These were made in May and June 2004.

4. Development Plan

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

4.2 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (Adopted December 1998) Policy 46 refers to waste recycling.

5. Consultations

5.1 Havant Borough Council raises no objection although it is concerned about recent odour complaints at the site and requests a condition to limit the duration of the permission to 31 July 2007.

5.2 The Environment Agency raises no objection to the proposal.

5.3 The Highways Adviser raises no objection to the proposal.

5.4 The Environmental Health Officer (Havant Borough Council) raises concern about recent odour complaints. A condition to restrict the duration of the permission is recommended.

5.5 The local Member, Councillor Gale, has been informed of the proposal.

6. Representations

6.1 There have been two objections to the proposal. The main reasons are related to the noise and dust created by large vehicles on the access track and the danger from lorries driving quickly down the access track, particularly as this is where children play. The proposed extended hours would exacerbate this problem. Furthermore, the issue of why an existing farm access, which is off Havant Road, cannot be used has been raised.

7. Chief Planning Adviser's Comments

7.1 The site has planning permission for green waste composting. The issue is whether the extended hours of operation are acceptable.

7.2 The Environmental Health Officer is concerned that extending the hours of operation to include Sundays and recognised public holidays will exacerbate the recent odour problems experienced by local residents. The applicant reports that these problems were as a result of green waste being delivered to the site in an anaerobic condition. This is a problem particular to spring/early summer when people clear their gardens of partially rotting green waste after the winter. The Environmental Health Officer is concerned that there has not been sufficient time to assess whether this explanation is plausible and therefore recommends approval for a temporary period.

7.3 Limiting the opening hours of the site is unlikely to address the odour issue as the smell will not be restricted to Sundays and public holidays. The original permission (03/57813/006) was granted subject to a condition [Condition (7)] restricting odour at the site boundary. If there is persistent and noticeable odour at the boundary the operator is required to submit a scheme of mitigation measures to the Waste Planning Authority and implement them upon approval.

7.4 The concerns from local residents that the proposal will result in an increase in noise and dust on the access road and that the increase in lorry movements will result in danger to children playing near the access are noted. The Highways Adviser has considered these matters and raises no objection to the proposal based on the proposed increase in lorry movements. There is also concern from a local resident that an alternative farm access off Havant Road is not being used for the composting operation. The operator does not consider this a suitable access for HGVs. Moreover, the suitability of the current access was considered as part of the original application.

7.5 As the odour issues raised by the Environmental Health Officer can be addressed by Condition (7) on the existing permission, and it is unlikely that the proposed increase in lorry movements will have a significant adverse impact which outweighs the merits of the proposal, it is recommended that permission be granted subject to conditions.

Recommendation

That planning permission in respect of variation of Condition (2) of Planning Permission 03/57813/006 (hours of operation) at Manor Farm, Hayling Island (04/57813/008) be granted for the following reason and subject to the following condition to allow deliveries of waste on Sundays and public holidays.

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 amenity of local residents and would be acceptable in terms of highway safety and convenience.

Condition

(1) Unless otherwise agreed in writing by the Waste 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: 0800-1700.

Reason: In the interests of local amenity.

Advice Note

The applicant should note that the above condition replaces Condition (2) of Planning Permission 03/57813/006. All other conditions attached to Planning Permission 03/57813/006 still apply.

8835/NC

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.

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.