Archived decisions

Hampshire County Council

Regulatory Committee

24 November 2004

Applicant: T J Composting Services Ltd

Variation of Condition 1 and 4 of Planning Permission 78713 (extension of time and addional lorry movements) at Thorns Farm, East End, Lymington

(Application No. 82759 ) (County Council Ref. NF236)

Report of the Chief Planning Adviser to the Regulatory Committee

Item 11

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

1. Summary

1.1 Planning permission is sought for a Variation of Conditions 1 (extension of time) and 4 (number of lorry movements) of Planning Permission 78713, which relates to green waste composting at Thorns Farm. The need for the proposal is not questioned and it accords with the proximity principle. There are concerns about traffic overrunning the verges, odour and flies. However, it is considered that the proposed number of lorry movements is unlikely to have a significant impact on the local highway network or the Site of Special Scientific Interest (SSSI) and amenity issues can be satisfactorily addressed. It is therefore recommended that planning permission be granted subject to conditions.

2. Site

2.1 The application site of approximately one hectare is located within the existing farm complex at Thorns Farm, Sowley Lane, East End, near Lymington. Prior to being used for composting of green waste, the site was used as an intensive beef unit and comprises an area of hardstanding and two large silage clamps. Farm buildings to the east and agricultural land to the north, south and west surround the application site. Access to the site is from Sowley Lane along the existing farm road.

2.2 The site is within an Area of Outstanding Natural Beauty (AONB) and within the proposed boundary of the New Forest National Park. Sowley Lane is designated as a Site of Special Scientific Interest (SSSI) because some of the verges are of high nature conservation value.

3. Proposal

3.1 Permission to import approximately 3,000 tonnes of green waste per annum from Lymington to Thorns Farm, with a maximum of 1000 cubic metres being composted at any one time, was granted by the County Council as Waste Planning Authority in September 2003 (Planning Permission 78713). The permission was granted for a temporary period of one year to allow the impact of the proposal on the safety and amenity of local road networks to be clearly assessed. Planning permission is now sought for the permanent retention of the green waste composting facility at Thorns Farm.

3.2 Over the past year, due to the restriction on the number of daily lorry movements to a maximum of four (two in and two out), the site has been unable to achieve a throughput of 3000 tonnes per annum, which is considered the minimum quantity of green waste necessary to make the site economic. It is also proposed to vary Condition 4 of Planning Permission 78713 to increase the number of lorry movements from four per day to six per day (three in and three out).

4. Development Plan

4.1 Hampshire County Structure Plan Review 1996 - 2011 (Adopted March 2000) MW1 refers to the waste hierarchy; MW2 refers to environmental impact.

4.2 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (Adopted December 1998) Policy 46 refers to waste processing including composting; Policy 6 and 7 refer to environmental impacts.

5. Consultations

5.1 Beaulieu Parish Council raises no objections to the proposal.

5.2 The Environmental Health Officer, New Forest District Council has not commented on the application.

5.3 New Forest District Council raises no objections to the proposal.

5.4 The Environment Agency raises no objections to the proposal.

5.5 English Nature objects to the proposal due to concerns that the proposed increased number of lorry movements will increase the risk of damage to the verges, which are designated as a Site of Special Scientific Interest (SSSI).

5.6 The New Forest Officer raises concerns that any increase in lorry movements will begin to undermine the remoteness of the Sowley area and believes that a more rigorous assessment of the environmental impacts of the development is needed prior to determining the application.

5.7 The Highways Adviser raises no objections to the proposal subject to a condition requiring the resurfacing of the access track to ensure migratory material does not enter the carriageway.

5.8 The local Member, Councillor Thornber, has been informed of the proposal.

6. Representations

6.1 There have been four letters of objection received to date. The reasons for objection are as follows:

      (i) the road is of insufficient width to safely accommodate large lorries and there is a primary school on the lorry route;

    (ii) the lorries associated with the proposal have caused damage to the verges, trees and wild life. An increase in lorry movements will have further adverse impact;

    (iii) the composting process has caused an increase in odour; and

    (iv) the composting process has caused an increase in house flies in a local property.

7. Chief Planning Advisers Comments

7.1 The composting of green waste accords with Policy MW1 of the Hampshire County Structure Plan Review 1996-2011 (adopted 2000) and Policy 46 of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted 1998).

7.2 In addition the proposal is to compost green waste accumulated at the Household Waste Recycling Centre in Efford. Planning Policy Guidance Note 10 (Waste Management) states that "waste should generally be managed as near as possible to its place of production, because transporting waste itself has an environmental impact". Thorns Farm would be a facility located within the New Forest National Park for the purposes of managing waste primarily arising within the National Park. Thus the proposal accords with the proximity principle.

7.3 The concerns of local residents regarding the impact of increased traffic on the local highway network and adjacent trees are noted. However, the Highways Adviser notes that Sowley Lane is also used by significant numbers of commercial and agricultural traffic and it is likely that the proposal represents a small percentage of the existing movements on the Lane. Moreover, the site was previously used as an intensive livestock unit, which would give rise to significantly more lorry movements than the proposal.

7.4 English Nature objects to the proposal as they consider that the increase in lorries using Sowley Lane will result in overrunning of the verges. This may damage the nature conservation value of the verges and thus have an adverse impact on the SSSI. Although there is some evidence of overrunning of the verges along Sowley Lane it is difficult to identify where, if at all, lorries delivering green waste to Thorns Farm have caused this. Any impact of the proposal on verges is likely to be minimal due to the relatively small numbers of vehicles movements proposed and is not a justifiable reason for refusal.

7.5 There are local concerns that the proposal has resulted in an increase in odour and flies in the area. The County Council, as Waste Planning Authority, has not received complaints during the past year on these issues. It is noted the cattle sheds at Thorns Farm are still used; currently for some 20 head of cattle. Manure is stockpiled outside the sheds and clearly cattle and manure create odour and attract flies. However measures to address any odour and fly issues resulting from the composting proposal have been submitted and can be the subject of a condition.

7.6 The need for the proposal is not questioned and it accords with the proximity principle. The concerns regarding traffic and overrunning of the verges are noted. However, it is considered that the proposed number of lorry movements is unlikely to have a significant impact on the local highway network or the SSSI. The odour and fly issues can be satisfactorily addressed. It is therefore recommended that planning permission be granted subject to conditions.

Recommendation

That planning permission in respect of Variation of Condition 1 and 4 of Planning Permission 78713 (extension of time and additional lorry movements) at Thorns Farm, East End, Lymington (82759) 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 amenity of local residents and would be acceptable in terms of highway safety and convenience.

Conditions

      Highways

      (1) Deliveries of waste to the site, inclusive of the movement of vehicles to and from the site, shall be confined to between the hours of 0800 and 1700 Mondays to Fridays and 0800 to 1700 on Saturdays. No waste shall be delivered on Sundays, Bank or Public holidays.

          Reason: In the interests of local amenity.

      (2) Lorry movements to and from the site shall be restricted to six per day (three in and three out). A daily record of lorries entering and leaving the site shall be kept at the site and made available to the Waste 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.

      (3) The first 15 metres of the access road (nearest the highway) shall be surfaced with a non-migratory material within three months of permission being granted.

          Reason: In the interests of highway safety.

      Noise, Odour and Pests

      (4) All vehicles, plant and machinery operated within the site shall be maintained in accordance with the manufacturers' specification at all times, and shall be fitted with and use effective silencers.

          Reason: To minimise noise disturbance from operations at the site.

      (5) The measures submitted by letter (Ref: THO/04/04 dated 10 November 2004) shall be implemented in full in the event of any complaint relating to odour or flies.

          Reason: In the interests of local amenity.

      Hours of Working

      (6) Unless otherwise agreed in writing by the Waste Planning Authority no plant or machinery shall be operated except between the following hours: 0800-1700 Monday to Friday. There shall be no working on Saturdays, Sundays or recognised public holidays.

          Reason: In the interests of local amenity.

      Protection of Water Environment

      (7) The approved surface water management scheme (submitted by letter dated 26 September 2003) shall be implemented as approved for the duration of the development.

          Reason: To prevent pollution of the water environment.

      (8) There shall be no discharge of foul or contaminated drainage from the site into either groundwater or any surface waters, whether direct or via soakaways.

          Reason: To prevent pollution of the water environment.

      Production Limits

      (9) There shall be no more than 1000 cubic metres of green waste or composted material on the site at any time. Windrows shall not exceed 4 metres in height.

          Reason: To limit the impact of the development on the surrounding area.

      (10) The approved layout plan (as submitted by letter dated 15 October 2003) shall be implemented as approved for the duration of the development.

          Reason: To minimise impact on the character and landscape of the AONB and New Forest Heritage Area.

      Miscellaneous

      (11) There shall be no burning on site.

          Reason: In the interests of local amenity.

      (12) Unless otherwise agreed in writing by the Waste Planning Authority, no composted material shall be exported from the site except for spreading on the Sowley Estate. A record should be kept in a site diary of all exports to the Sowley Estate.

          Reason: In the interests of the local amenity and to reduce the traffic movements on local roads.

      (13) No waste shall be deposited at or imported into the site other than waste originating from a Hampshire Household Waste Recycling Centre serving the New Forest National Park (namely Efford and Somerley), unless with the prior agreement in writing of the Waste Planning Authority.

          Reason: To ensure the development hereby permitted serves the local community and accords with the proximity principle.

Section 100 D - Local Government Act 1972 - background papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

NB the list excludes:

1.

Published works.

2.

Documents which disclose exempt or confidential information as defined in the Act.

TITLE: T J Composting Services Ltd

LOCATION

Variation of condition 1 and 4 of Planning Permission 78713 (extension of time and addional lorry movements)

(Application No. 82759)

(County Council Ref. NF236)

9068/NC