Archived decisions
Hampshire County Council Regulatory Committee 27 April 2005 Applicant: C G Comley & Sons Ltd Storage of plant, machinery and materials ancillary to demolition and waste recycling business at Land adjacent to Calf Lane Chalk Quarry, Rye Common, Odiham (Application No. 05/00373/CMA ) (County Council Ref. HR078) Report of the Chief Planning Adviser to the Regulatory Committee |
Item 10 |
Contact: Julia Davey, ext 6732 email: [email protected]
1. Summary
1.1 This report considers an application for the storage of plant, machinery and materials ancillary to the demolition and waste recycling business at land adjacent to Calf Lane Chalk Quarry, Rye Common, Odiham.
1.2 The recommendation is to refuse permission on the grounds that the development is contrary to policies 6, 7 and 46 of the Hampshire Portsmouth and Southampton Minerals and Waste Local Plan and Policies MW2, C1, C2 and T5 of the Hampshire County Structure Plan in that:
(i) There would be an adverse visual and amenity impact on the countryside and local residents especially from traffic.
(ii) The highway network serving the site in terms of its width, condition and geometry is inadequate to accommodate the additional vehicles likely to be generated by the use applied for.
2. Site
2.1 The site, as shown on the attached plan, extends across a predominantly flat area of approximately 0.5 hectares of agricultural land (currently used for storage purposes and the subject of this retrospective application) accessed from Calf Lane. The access route takes vehicles past residential property in the village of Rye Common, approximately 250 metres to the north of the application site, that are part of a group of four dwellings known as Rye Cottages. Calf Lane, although technically a public highway, is not dissimilar to an agricultural track in appearance. It is narrow, `surfaced' with hoggin and is heavily potholed. The land falls away to the east towards two residential properties known as West Field Cottage and The Pit approximately 630 metres away from where the site can be viewed on the skyline.
2.2 The applicant states the application site has been used for plant storage ancillary to waste transfer and recycling uses taking place in the adjacent quarry for approximately four years.
2.3 On 25 May 1993 Hart District Council granted a Certificate of Lawful Development for Calf Lane Quarry for the "sorting, screening, storing, breaking, rendering, burning and processing of demolition and site clearance materials." The traffic level given at that time was 10 loads (20 movements per day). The County Council is currently in receipt of another application for a Certificate of Lawful Development for the same quarry to cover the period from 1994 to the present day. The evidence accompanying the new application states the level of traffic generated by the quarry as 20 loads (40 movements per day) over the last 10 years. Last year planning permission was granted at the quarry for a weighbridge and offices related to the existing Certificate of Lawful Development.
2.4 The applicant states that he has patched the potholes in Calf Lane and kept it in a reasonable condition at no expense to others for many years.
2.5 The site is described in the application as being screened by earth banks 2-3 metres in height constructed using soils stripped from the site.
2.6 The following relevant planning constraints directly affect the site:
(i) Groundwater Vulnerability Zones; and
(ii) Source Protection Zones.
3. Proposal
3.1 Planning permission is sought retrospectively to change the use of the land from agriculture to the storage of plant, machinery and materials ancillary to the applicant's demolition and waste recycling business. It is used as a storage area for the adjacent Calf Lane Quarry and does not operate as an independent site. The stored items include waste skips and recycled construction materials such as bricks. The applicant states the site would have the same hours of opening as the quarry which is authorised by a Waste Management Licence to operate between the hours of 0700-1800 Monday to Friday and 0700-1800 hours on Saturdays except that operations would not take place on Saturday afternoons or beyond 1700 hours.
3.2 The applicant states because the site would not operate independently from the quarry then the overall effect on traffic levels in Calf Lane would be minimal. The applicant also considers that without the storage area additional vehicular movements would be generated in Calf Lane transporting plant and materials in and out of the quarry.
3.3 The applicant states he has sought to maintain Calf Lane, a public highway, on a voluntary basis, as it is the sole access to his adjacent premises at Calf Lane Quarry. The applicant is prepared to enter into a formal agreement with the County Council to maintain part of Calf Lane and to provide a passing bay, subject to any necessary agreement of adjoining landowners.
3.4 The supporting statement to the application states that emerging national and regional policy introduce a much less restrictive approach to the location of recycling facilities than in the current Hampshire Minerals and Waste Local Plan, and acknowledge the possibility of additional development in the countryside. The application states that at a local level Policy RUR15 of the Adopted Hart District Local Plan provided for the expansion of existing employment uses on land adjacent to the existing curtilage provided that the site is already lawfully used, and subject to meeting criteria specified.
3.5 The applicant considers the proposal meets the needs of an established local firm for additional storage space for their waste recycling and demolition businesses.
4. Development Plan
4.1 Hampshire County Structure Plan Review 1996-2011 (Adopted March 2000) - MW2 (Permission will be granted for waste development subject to environmental criteria); C1 and C2 (development within the countryside)and T5 (concerning highways).
4.2 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (Adopted December 1998) - Policy 53 (Ancillary waste development); 6 and 7 (environmental impacts on locality including residents) and 46 (proposals for recycling and waste transfer).
4.3 Hart District Local Plan- RUR-2, 12, 13, 15 (outlining the principle and impacts of expansion of existing business uses in the countryside).
5. Consultations
5.1 The local Member, Councillor Leversha strongly objects to the application, which is a departure from the Development Plan. Councillor Leversha states that her reasons for objecting are:
(i) The site is agricultural land and as such any change to it is a departure.
(ii) The site is very prominent and stands out from the landscape surrounding it because of the bunds, which have been erected to screen the unsightly materials, machinery and equipment currently stored there.
(iii) Once a change of use has been established, this land (when it is no longer required for this use) is then open to development for either industrial or housing use by virtue of its altered status from agricultural land.
5.2 Odiham Parish Council objects to the application as it would be contrary to the Local Plan. The height of the site relative to the much lower settlement of Rye common makes it extremely prominent, even with the very high bunds which have already been constructed. The Parish Council considers that the bunds, together with the still visible equipment, are severely detrimental to visual amenity. The Parish Council notes that Hampshire Highways considers Calf Lane unsuitable even for the existing access to the quarry. The Parish Council agrees and objects to the granting of permission for any further activity on this site.
5.3 Crondall Parish Council's comments are awaited.
5.4 Environmental Health Officers, Hart District Council raise concerns to the application regarding the generation of airborne dust from vehicle movements to and from the site. It advises that serious consideration be given to the calculation of vehicle movements and dust mitigation measures. Complaints have been received from residents concerning dust and noise from the plant, equipment and from the traffic on the road. Upgrading road facilities to the site would reduce dust from the gravel road surface and would reduce the crashing and banging noise from lorries and other vehicles as they travel to and from the site.
5.5 Hart District Council raises no objection to the application.
5.6 The Environment Agency objects to the application because insufficient information has been included within the retrospective planning application. It requests further clarification from the applicant on matters relating to surface water and foul drainage; types and quantities of materials to be stored on the site; the number and type of vehicles to be stored on the site; and issues relating to hydraulic fluids and vehicle washing and maintenance.
5.7.1 The Highways Adviser recommends refusal of the application on the basis of the inadequacy of the highway network serving the site in terms of its width, condition and geometry to accommodate the additional vehicles likely to be generated by the use applied for. In coming to this recommendation the following matters have been taken into consideration.
5.7.2 The roads accessing the site from the A287 including Calf Lane are generally rural in nature and would be considered to be inadequate to serve an operation of the nature of that which is taking place in the quarry. Neither of the roads serving Rye Common are wide enough to accommodate the two way flow of vehicles particularly HGVs and although visibility is good in both directions at each junction with the A287 the layout and width is such that conflict is likely to occur if vehicles are both turning in and out at the same time. There have been six reported injury accidents at these two junctions in the last three years but none involving HGVs. Traffic flows and speeds on the A287 are reasonable for a road of this type, which is also a Local Lorry Route.
5.7.3 Calf Lane itself, although an adopted public highway, is in a poor state of repair and appears to be deteriorating due to HGV use on the site. It is a single-track road with little opportunity for vehicles to pass. To the south of the site the condition and width of the road deteriorates even further and the network into which it connects is totally inadequate to accommodate HGV's.
5.7.4 Development Control Highways also state that there is ample evidence of overrunning of the edges of the carriageways on all of the roads between the site and the A287 and although the applicant has carried out some, albeit unauthorized, maintenance of Calf Lane its general condition in terms of surface, construction and drainage falls well below that which would normally be expected for a publicly maintained highway.
5.7.5 Traffic counts carried out during November 2004 revealed that between 110 and 164 daily two-way vehicle movements took place along Calf Lane during the week with single figure movements during the weekend. It is not possible to determine which of these are directly attributable to the applicants operations but it is seems to fair to assume that the vast majority are as there are few other reasons why drivers would choose this route.
5.7.6 It is considered that the current retrospective application to use the land adjacent to the quarry for ancillary storage may well increase the potential for additional movements on Calf Lane over and above those which may be generated by the quarry operations on their own and which are likely to be included within the figures quoted above. These in themselves are well in excess of those, which are referred to in both the existing CLU and the one which has been recently applied for. The applicant asserts that without the additional storage he will need to make more trips to and from the quarry. Whilst this may apply to some skip lorry movements there are some very large pieces of demolition plant and machinery stored which must be brought to and from the site by low loaders using Calf Lane which would not occur if the land was not used for this purpose.
6. Representations
6.1 As at 18 April 2005 fourteen representations have been received about the proposal from local residents objecting to the application on the following grounds:
(i) highway safety: increased traffic and increase in size of vehicles used (including third party vehicles); dust and mud (mud is transferred from the wetted surface of Calf Lane to surfaced highway making it slippery); junction with A287 is dangerous and increased traffic would lead to increase in accidents; safety issue of access to and from the A287 as vehicles wait on access roads to the Common until they can be accepted into quarry, creating traffic hazard and eroding Common; cumulative traffic impact of other planning permissions granted in vicinity; despite applicants view that the application would not create an increase in traffic observation of operations has revealed that this is not the case and low loaders and HGV's not carrying waste or delivering empty skips, for example, go straight to the field and do not pass through the quarry first.
(ii) Increase in noise: including noise from empty lorries travelling past residential properties on Calf Lane even before 7a.m.
(iii) Impact on visual amenity and landscape character of the area; rural area not suitable for such expansion; unlawfully used agricultural land; existing mounds of dirt, bins and machinery are already an eyesore on the skyline; existing bunds may be 2-3 metres high internally but externally they are higher due to the local topography and in themselves are alien to the local landscape.
(iv) Water contamination: area is catchment for Itchel.
(v) Listed buildings suffering from vibration of passing lorry traffic.
(vi) Departure from policy - no need for the development that outweighs the adverse impacts of it.
(vii) Proximity to residential properties: residential properties directly adjacent to haul route; site 250 metres from nearest property and 15 residential properties within 500m of the site, many of which are listed buildings.
(viii) Environmental Impact Assessment: should be required.
(ix) Vieaiange of Calf Lane; disturbed by heavy vehicles and water floods into gardens of Little Rye Cottages.
(x) Surfacing of Calf Lane; even if resurfaced there would still be disturbance as traffic speeds would increase causing additional hazard and amenity impact to adjacent cottages.
7. Report on the Site Visit
7.1 In the light of local concerns and at the request of the local Member, the Committee undertook a site visit on 11 April 2005 and met a representative of Hart District Council and the applicant.
7.2 The Chief Planning Adviser introduced the application and outlined the key features. The proposed use was ancillary to the use of the nearby quarry by the applicant. Particular attention was drawn to the poor state of the access road serving the site, which was classified as a highway maintainable at public expense. The applicant had patched the potholes in Calf Lane to keep it in a reasonable condition, at no expense to anyone else, for a number of years and had offered to carry out further improvements to the road should permission be granted. The Highway Adviser advised that a maintenance regime would need to be agreed formally if this was the case. The Hart District Council officer representative reported that the matter was likely to be considered at the next meeting of its Planning Committee.
7.3 There were no Parish Council representatives, or members of the public present, but the Chief Planning Adviser reminded the County Members of the particular concerns of local residents about highway safety, increased traffic and (perceived) adverse visual impact.
Planning Update following the Site Visit
7.4 Additional information has been received from the applicant since the site visit clarifying the following:
(i) Surface water from the general storage area will soak away into the ground via existing cross-falls.
(ii) There is no requirement for foul drainage as toilet and welfare facilities are available in the adjacent waste management Facility at Calf Lane Quarry.
(iii) The types of materials to be stored on the site are demolition salvage items such as bricks, roof tiles, timber, architectural salvage items.
(iv) Plant and equipment temporarily stored on-site would comprise of waste management plant/demolition contractors plant such as concrete crushers, 360 excavators and attachments, skips, roll-on/off containers, fencing, signage, scaffold, etc. The applicant states the number would vary dependent upon workload, location of demotion projects and the requirements of the adjacent licensed waste management facility.
(v) Plant and equipment would not be washed at the site unless a purpose built wash bay with a sealed drainage system was installed first.
(vi) The largest item of plant the applicant currently uses has a storage height of 4.15 metres.
(vii) Plant, equipment and containers used in the waste management facility are transferred to the storage yard for temporary storage when not in use. If this facility were not available then the traffic movements along the lower section of Calf Lane would increase.
(viii) The storage of bricks and other salvaged arisings would only create a couple of additional lorry movements per working day, which would be off set by the inter- site movements.
(ix) The existing soil embankments to the site perimeter hide the stored plant and these will be planted further reducing the visual impact.
8. Chief Planning Advisers Comments
8.1 Notwithstanding Hart District Council Local Plan Policy which allows extensions to existing businesses the principle of the application is not supported by the Minerals and Waste Local Plan as it proposes waste related development on land designated as countryside.
8.2 The following key issues are raised by the application:
(i) visual impact;
(ii) amenity impact of traffic; and
(iii) highway safety.
8.3 The comments raised by the local Member, Parish Council and local objectors to the visual impact of the development against the skyline when viewed from the east in particular, are noted and agreed with. The bunds around the site create an unacceptable intrusion into the landscape and are not a desirable from of screening. It is considered therefore that the landscape and potential planting of the earth bunds is not acceptable as a means of screening such a prominent site from the east.
8.4 The concerns raised by the local Member, Parish Council, local residents and the Environmental Health Officer with regard to the environmental impact of traffic by way of noise and dust to nearby residents, are noted, as is the suggestion by the Environmental Health Officer to consider surfacing of the Calf Lane. However, this would lead to increased speed of lorries on Calf Lane causing additional hazards and amenity damage to local residents. It would also encourage the increased vehicular use of the Lane, and other low capacity roads to the detriment of the environment.
8.5 The recommendation of the Highway Adviser to refuse the application because of the inadequacy of the width, condition and geometry of the highway network to accommodate the additional vehicles likely to be generated by the use applied is accepted. The highway network does not just include Calf Lane but the small roads that lead to and adjoin the A287. Comments of local residents, relating to these roads support the views of the County Councils Highways Adviser.
8.6 Although it is appreciated that the application supports a local business which contributes to waste recycling objectives, the proposal would exacerbate existing and established adverse environmental and traffic impacts. Accordingly it is recommended the application is refused.
Recommendation
That planning permission in respect of Storage of plant, machinery and materials ancillary to demolition and waste recycling business at Land adjacent to Calf Lane Chalk Quarry, Rye Common, Odiham (05/00373/CMA) be refused for the following
reason.
Reason for Refusal
The development is contrary to policies 6, 7 and 46 of the Hampshire Portsmouth and Southampton Minerals and Waste Local Plan and Policies MW2, C1, C2 and T5 of the Hampshire County Structure Plan in that:
(i) There would be an adverse visual and amenity impact on the countryside and local residents especially from traffic.
(ii) The highway network serving the site in terms of its width, condition and geometry is inadequate to accommodate the additional vehicles likely to be generated by the use applied for.
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 |
LOCATION |
Applicant: C G Comley & Sons Ltd Storage of plant, machinery and materials ancillary to demolition and waste recycling business at Land adjacent to Calf Lane Chalk Quarry, Rye Common, Odiham (Application No. 05/00373/CMA ) (County Council Ref. HR078) |
Environment Department |
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APPENDIX
Annexe to Reasons for Refusal
(as required by Article 22 of the Town and Country Planning
(General Procedure) Order 1995 - as amended)
__________________________________________________________________
HAMPSHIRE COUNTY STRUCTURE PLAN
Policy MW1
Planning authorities will, through policies and proposals in local plans and day-to day development control:
(i) seek to ensure an adequate supply of minerals and provision of waste management facilities to meet needs having regard to the need to: maintain the environmental quality and diversity of Hampshire, including the protection of living conditions; safeguard important socio-economic interests; prevent pollution; and protect features of particular environmental or historical importance including those listed in Policy MW3, Sites of Importance for Nature Conservation and historic parks and gardens;
(ii) seek environmental enhancement and public benefits through minerals and waste development;
(iii) conserve and prevent unnecessary sterilisation of mineral resources and encourage efficient use of materials;
(iv) encourage the use of secondary and recycled aggregate materials; and
(v) seek the management of waste in accordance with the following hierarchy;
1. reduction of waste;
2. re-use of waste;
3. recovery of waste (recycling, composting, energy from waste); and
4. waste disposal;
having regard to the proximity principle and the principle of best practical environmental option.
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.
Policy MW6
Planning authorities will seek a reduction in the quantity of waste requiring treatment or disposal, including a significant reduction in the quantity of non-inert waste disposed by landfilling.
The waste planning authorities will seek, through policies and proposals in the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan and day- to-day development control, the provision of sufficient facilities to meet the need for the management of all unavoidable waste (excluding special waste) arising in Hampshire.
Having regard to Policy MW1(v), permission will be granted for:
(i) facilities for the re-use and recycling of waste, including the production of secondary and recycled aggregate materials;
(ii) facilities for composting, anaerobic digestion, incineration with energy recovery and other methods of resource recovery waste processing sufficient only to cater for unavoidable non-inert waste which is not re-used or recycled;
(iii) landfill capacity sufficient only for the disposal of unavoidable waste which is no re-used, recycled or processed; and
(iv) waste transfer stations to serve areas of local waste processing and disposal facility shortages;
provided that the development would not have unacceptable environmental, traffic or other impact.
Policy C1
For the purposes of this Plan the countryside is defined as the area outside existing and proposed built-up areas delineated in local plans. These countryside and built-up areas will include any coast, including the tidal parts of rivers, within them.
In delineating these areas in local plans and through day-to-day development control, local planning authorities will:
(i) promote the conservation and enhancement of the countryside; and
(ii) pay particular regard to avoiding or minimising any adverse effect which development would have for those interests of importance acknowledged in the other policies and proposals in this Plan.
Policy C2
Within the delineated countryside permission will normally only be granted for:
(i) development which is essential for agriculture, horticulture or forestry or other development for which a rural location is essential;
(ii) the re-use or adaptation of existing buildings, particularly to assist the diversification of the rural economy;
(iii) development which is approved under the other policies of the Plan.
Policy T5
Planning permission will only be granted for development in accordance with other policies in this plan where the local planning authority is satisfied that the transportation requirements of the development can be accommodated. Developers will be expected to contribute towards any transport improvements directly related to the development.
MINERALS AND WASTE LOCAL PLAN
Policy 6
Permission will be granted for minerals and waste development provided the Mineral/Waste Planning Authority is satisfied that:
(i) there is a clearly established need for the development (as assessed in relation to the other relevant policies of the Plan) which outweighs any adverse environmental or other impact that the development would be likely to cause; and
(ii) the development would not be likely to give rise to an unacceptable level of adverse environmental, traffic or other impact, pollution risk or danger to public health, particularly in respect of any of the factors specified in Policy 7 and measures would be taken to ensure that any such impacts would, as far as is practicable, be minimised; and
(iii) the proposals provide for the satisfactory working or operation and landscaping of the site and for its satisfactory restoration and landscaping at the cessation of the operations or use or at the end of the life of the facility to a condition suitable for an agreed beneficial after-use which is compatible with adjoining land uses and the planning policies for the area.
Notwithstanding any need there may be for waste disposal, permission will not normally be granted for mineral extraction with restoration by infilling with waste materials unless there is a need for the mineral to be extracted.
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 10
The Mineral and Waste Planning Authorities will impose conditions on planning permissions for minerals and waste development to minimise any adverse environmental, traffic or other impact resulting from the development and to ensure appropriate restoration and after-care of the site. Where such impacts cannot adequately be controlled by conditions, the Mineral and Waste Planning Authorities will seek appropriate planning obligations and/or legal agreements in order to control operations and/or to secure the enhancement of the environment or benefit to the local community.
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.
Policy 53
The Waste Planning Authorities will permit plant, machinery, buildings and other development ancillary to waste disposal, processing and transfer facilities within the boundary of or adjacent to the facility, provided that:
(i) the development is required solely in connection with the operation, administration or servicing of the waste facility; and
(ii) any plant, machinery, building or other structure is to be designed, constructed and landscaped so as to minimise any adverse impact on the amenities of the area and, in any case, it would not be likely to give rise to any unacceptable environmental or traffic impact or other detrimental effect; and
(iii) the size, type and nature of the development are appropriate to the scale of the waste facility for which it is required; and
(iv) any plant, machinery, building or other structure would be removed as soon as the use of the waste facility has ceased and the site would be restored to a satisfactory condition suitable for an agreed beneficial after-use.
HART DISTRICT COUNCIL LOCAL PLAN
RUR 2, Development in the open Countryside, outside the Defined Settlement Boundaries, will not be permitted unless the Local Planning Authority is satisfied that it is specifically provided for by other policies in The Local Plan, and that it does not have a significant detrimental effect on the character and setting of the countryside by virtue of its siting, size and prominence in the landscape
RUR 3, Developments in the countryside which are provided for by other policies in this Plan, will be permitted where:
(i), The countryside is protected and maintained through the retention, creation or enhancement of features of nature conservation or landscape importance;
(ii) Any existing buildings or structures can be retained if of architectural quality;
(iii) The site is satisfactorily landscaped to reduce its impact on the surrounding countryside;
(iv) The criteria of the specific Policy by which the development proposed may be permitted are also met.
RUR 15, planning permission for development or redevelopment concerning the expansion of existing employment uses will be granted within or adjacent to the existing curtilage of a site, provided that the site is already lawfully used for such purposes and that the proposal, including access, boundary and servicing arrangements, does not materially affect the amenities of adjoining buildings, or the landscape, ecology or amenity of the surrounding countryside.
The expansion of employment sites can allow for the growth of local businesses without requiring them to leave the locality or the District. This is encouraged under the Council's Economic Development Strategy. A degree of flexibility is therefore required in assessing such proposals (as encouraged under PPG4 - Industrial and Commercial Development and Small Firms) but it is important that expansion is controlled so that it avoids detriment to the surrounding countryside or to adjoining residents or uses. Not all expansion will require planning permission.
In considering such proposals, the Council will also have regard to existing and potential employment densities and travel demands. In the remoter areas the Council will encourage the substitution of existing uses with those types of employment uses that are less travel-intensive with respect to commuting and face-to-face business activities, in accordance with PPG13: Transport, paragraph 3.6.
Proposals falling to be considered under this Policy will also need to take into account the criteria based Policy RUR 3, which specifies particular environmental considerations that may be taken into account in dealing with applications for developments in the countryside; and Policy GEN 6 which sought to protect the local area from un-neighbourly and noisy uses.
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