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

1. Summary

1.1 Permission is sought to increase the maximum permitted lorry movements from 30 per day (15 in and 15 out) to 60 per day (30 in and 30 out). The applicant states that this is a regularisation as they believed they were permitted this level of lorry traffic, and had operated the site accordingly. The issue is whether this level of increase would lead to unacceptable highways or amenity impact. There is not a highways objection and it is not considered that the amenity impact would be so unacceptable as to warrant refusal. Therefore it is recommended that planning permission be approved.

2. Site and Proposal

2.1 The site, as shown on the attached plan, comprises an area of 1.9 hectares on the Blackmoor Estate. Planning permission for soil recycling and green waste composting was granted at the site in November 2002, for a temporary period to 31 October 2007. The County Council has set up a Liaison Panel for the site, which is attended by representatives of the Parish Councils, East Hampshire District Council, local residents, the Environment Agency, the operator and the Land Owner.

2.2 The western corner of the site is within the East Hampshire AONB and the remainder of the site adjoins the AONB. The site is also within the proposed South Downs National Park. Woolmer Forest Site of Special Scientific Interest (SSSI), which is part of Wealdon Heaths Phase II Special Protection Area (SPA) is about 250 metres from the site on the other side of the A325.

2.3 The nearest house (South Lodge) is about 75 metres from the site. The houses fronting the A325 are about 120 metres away and Keepers Cottage (to the west) is about 150 metres away. Blackmoor House is approximately 590 metres to the north, and the village of Greatham about 420 metres to the south west. Access to the site is via an estate road to the Blackmoor Road then to the A325.

2.4 Condition 13 of the planning permission states that:

`There shall be no more than 30 lorry movements entering or leaving the site per day'

2.5 The applicant states that they interpreted this to allow 30 moves in and 30 moves out, which would result in 60 lorry movements in total and has operated the site on this basis. Following discussion at the Liaison Panel the County Council sought further legal advice. The advice was that wording of the condition restricted lorry movements to 30 in total, and that lorry traffic in excess of this figure was in breach of condition. The applicant was informed, and as a result submitted this application to change the condition to state:

`There shall be no more than 60 lorry movements entering or leaving the site per day'

2.6 The reason put forward by the applicant is to regularise the existing and past level of use at the site.

3. Development Plan

3.1 Hampshire Portsmouth and Southampton Minerals and Waste Local Plan Policy 46 concerns proposals for waste recycling.

4. Consultations

4.1 East Hampshire District Council raises no objection.

4.2 The Highways Adviser comments having checked the traffic count and traffic accidents data, no objection is raised provided the total movements do not exceed 60 per day (30 in and 30 out).

4.3 Greatham Parish Council comment that vehicle movements have consistently exceeded permitted levels and on occasion have exceeded 100 per day. There have already been numerous complaints from local residents about dust, noise, damage to road verges and mud on the highway. Approval would significantly increase risk of traffic accidents, particularly at the Blackmoor Road/A325 junction. Therefore the Parish Council considers that the application to double activity should be rejected and condition 13 enforced as it stands.

4.4 Selborne Parish Council strongly objects on the grounds that when taken together with the other planning applications submitted at this site, the application should be rejected in the interests of maintaining the character of this rural, previously tranquil Area of Outstanding Natural Beauty.

4.5 Whitehill Parish Council comment that the condition was consistent with the statement on lorry movements and traffic impact with the original application. The level of use has far exceeded the level proposed and the applicant now wishes to expand and intensify operations at the site. An increase in traffic movements will have an unacceptable impact on traffic on A325 and will adversly affect traffic safety. The existing restriction should be monitored and enforced.

4.6 The Environment Agency - comments awaited.

4.7 English Nature raises no objection.

4.8 The East Hampshire AONB Officer strongly objects on the grounds that doubling the permitted number of lorry movements would be unacceptable for the site, which is partly within the AONB and wholly within the proposed South Downs National Park.

4.9 The local Members Councillors Scott and Cartwright have been informed of the proposal.

5. Representations

5.1 Eight letters of objection have been received from local residents objecting on the grounds that the previous limit has been exceeded.

6. Chief Planning Advisers Comments

6.1 The main issue in relation to this application is whether an increase in lorry movements from a total of 30 per day (15 in and 15 out) to a maximum of 60 per day (30 in and 30 out) would cause an unacceptable impact in highway terms and for the amenity of local residents.

6.2 Access to the site is via a short stretch of Blackmoor Road to the A325, which is part of the Hampshire Lorry Route Network. Having taken into account road safety issues, the Highways Adviser raises no objection to the increase provided it is restricted to a maximum of 60 lorry movements per day (30 in and 30 out).

6.3 The proposal would increase lorry movements above that previously permitted, however it is considered that this level of increase would not have a noticeable amenity impact for residents fronting the A325, due to the level of traffic on that road. As only a short stretch of Blackmoor Road would be affected it is not considered that the amenity impact of the increase would so significant as to sustain a refusal of planning permission.

6.4 It is accepted that there was a degree of ambiguity with the original wording of the condition. The applicant has been operating on the basis of the higher figure. Therefore in recommending approval, it is also recommended that the wording of the condition is changed to make it clear that the 60 lorry movements means 30 in and 30 out.

Recommendation

That planning permission in respect of Variation of condition 13 of Planning Permission F35283/001/CMA (correction of number of daily lorry movements) at Green Composting and Recycling Site, Blackmoor Estate, Blackmoor (F35283/004/CMA) be granted for the following reason subject to the following condition:

Reason for Approval

It is considered that the proposal would be in accordance with the Development Plan (summary attached), it would not materially harm the character of the area and would be acceptable in terms of highway safety and convenience.

Condition

1. There shall be no more than 60 lorry movements entering or leaving the site per day (30 in and 30 out). A written record shall be maintained recording the time and date of all lorry moveemnts into and out of the site and the vehicles registration number. The record shall be made available to the Waste Planning Authority on request.

Reason: In the interest of highway safety.

9117/PC

APPENDIX

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.

9117app