Archived decisions

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

1. Summary

1.1 The proposal is for a change of use from a scrap yard to a waste transfer/recycling facility. The site has already been granted planning permission by Winchester City Council for use as a depot for a skip hire business. The main issue is the impact of the associated lorry traffic on Fontley Road. In the light of the previous use as a scrap yard, and in particular the consent granted for the operation of a skip business, it is considered that a refusal on highways grounds could not be sustained. The recommendation is to grant planning permission.

2. Site and Proposal

2.1 The site comprises an area of 0.32 hectares at the Pegham Industrial Estate, and was previously occupied by J & S Spares, a vehicle scrap yard.

2.2 Planning permission was granted by Winchester City Council for a change of use from a scrap yard to a skip hire business on 21 January 2004. The application included the erection of a single storey building. This change of use has not been implemented, although the scrap yard has been cleared.

2.3 The proposal is to operate a waste transfer station in addition to a skip business from the site. This would include the erection of a waste transfer building measuring 10 metres by 20 metres in addition to the building previously approved. All waste would be tipped within the building and mechanically sorted to seperate recyclable material prior to removal for disposal or recycling.

2.4 Access to the site would be from the Pegham Industrial Estate Road, via Laveys Lane to Fontley Road. Based on the applicants existing operation, the skip business would generate about 80 vehicle movements per day (60 by skip vehicles, and 20 by cars and vans). The waste transfer proposal would add a further 40 vehicle movements.

3. Development Plan

3.1 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan Policy 46 concerns waste transfer and recycling.

4. Consultations

4.1 Winchester City Council raises objections on highway grounds because of the increase in traffic generated and on the grounds of noise and dust generated by the recycling process.

4.2 The Environmental Health Officer, Winchester City Council raises no objection, commenting that the acoustic report is comprehensive and is confident of its conclusions.

4.3 Fareham Borough Council has been informed of the proposal.

4.4 Wickham Parish Council objects to the proposal on the grounds of the increase in traffic and noise which will be detrimental to nearby residents. If the applicant is granted permission substantial improvements to the highway should be made including the construction of a footway along Fontley Road.

4.5 The Environment Agency - comments awaited.

4.6 The Highways Adviser comments that clearly the site is not ideally located for this type of use as the local highway network is constrained by narrow carriageway widths and very little pedestrian or cycle facilities. Notwithstanding this the local planning history is a material consideration and it is advised that if the applicant can demonstrate that the proposed development would not result in a net increase in traffic on the local road network then the application would be difficult to refuse on highway grounds.

4.7 The British Horse Society strongly oppose the application on grounds of increased traffic on Fontley Road, which is unsuitable for industrial traffic. Fontley Road is an accident black spot and dangerous for pedestrians, horse riders and cyclists as there is no room for pavement verge or cycleway. The proposal would have an adverse impact for the equine businesses in the area if it not possible to access the bridleway safely.

4.8 BAA raises no objection with regard to aerodrome safeguarding.

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

5. Representations

5.1 Mark Oaten MP raises objection on the grounds of increased traffic on Fontley Road, which is dangerous with no footpath. One letter of objection has been received from a local resident on the grounds of the likelihood of smells and an increase in traffic. Fareham Society objects on the grounds of traffic on unsuitable roads and development in the countryside.

6. Chief Planning Advisers Comments

6.1 The site is within an industrial estate, was formerly a scrap yard and has planning permission for operating a skip business. The proposal is therefore, in principle, in accordance with policy and an appropriate location for a waste transfer station. The issues are whether the additional impacts of the waste transfer station are acceptable.

6.2 The main issue concerns the lorry traffic, and the use of Fontley Road. It is accepted that there are justifiable concerns about highway safety along Fontley Road, particularly with the lack of verges and footpaths along stretches of the road. However, the site was formerly used as a scrap yard, which generated lorry traffic. In addition, Winchester City Council has granted consent for the change to a depot for the skip business. The applicant considers this would generate 80 lorry movements per day (40 in and 40 out) although the planning permission does not restrict the number of lorry movements.

6.3 In considering this application it is also relevant to take into account the fact that a similar proposal was considered last year for Units D and E on the Pegham Industrial Estate. The application was refused on highway grounds as a result of the concerns about Fontley Road. The decision was appealed and the Inspector upheld the appeal concluding that the proposed use was unlikely to generate more traffic than the previous uses, and that the traffic stemming from the proposed development would not be the source of significant harm. Therefore provided the lorry movements generated by this proposal are restricted to the level under the existing permission, the situation is the same as considered by the Inspector.

6.4 In the light of the decision by Winchester City Council to grant permission for the skip business, and the recent appeal decision for a very similar proposal on the industrial estate, and provided lorry movements are restricted to 80 per day (40 in and 40 out), it is considered unlikely that a refusal on highway and amenity grounds could be sustained. In other respects the site is acceptable and in accordance with policy. It is recommended, therefore, that planning permission be granted.

Recommendation

That planning permission in respect of change of use from a scrap yard to a waste transfer station at Pegham Industrial Estate, Fontley Road, Funtley(04/02519/HCM) be granted for the following reason 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 two years from the date of this permission.

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

Noise and Odour

(2) Prior to the site accepting waste, details of measures to prevent odour and noise nuisance shall be submitted to the Waste Planning Authority for approval in writing. The measures shall be implemented and maintained as approved throughout the period the development is in use.

Reason : In the interest of local amenity.

Lighting

(3) Prior to the site accepting waste, details of the lighting of the site shall be submitted to the Waste Planning Authority for approval in writing. The details shall be implemented and maintained as approved throughout the period the development is in use.

Reason: In the interest of local amenity.

Protection of Water Environment

(4) Soakaways shall not be located within areas identified as contaminated land. All surface water from roofs should be piped to an approved surface water system using sealed downpipes. Open gullies should not be used.

Reason: To prevent pollution of the water environment.

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

Reason: To prevent pollution of the water environment.

(6) 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.

Hours of Working

(7) Unless otherwise agreed in writing by the Mineral/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: 0800-1800 Monday to Friday and 0800-1300 on Saturdays. There shall be no working on Sundays or recognised public holidays.

Reason: In the interests of local amenity.

Lorry Movements

(8) The total number of daily lorry movements associated with the site shall not exceed 80 (40 in and 40 out). A record of the number of lorry movements shall be kept at the site and made available to the Waste Plannnig Authority on request.

Reason: In the interests of local amenity.

Waste Storage

(9) No waste or recycled material shall be stored outside the building unless previously agreed in writing by the Waste Planning Authority.

Reason: In the interest of local amenity.

9069/PC