Contact: Julia Davey, ext 6732 email: [email protected]

1. Summary

1.1 Planning permission is sought to operate a waste transfer station for asbestos waste at the applicant's existing office site at Merryhill House, Budds Lane, Romsey. The applicant states the company has provided professional asbestos removal and ancillary services for many years. The site is in an existing industrial estate. Objections to the application have been received from residents of Budds Lane.

1.2 The recommendation is to grant permission, subject to conditions.

2. Site

2.1 The site, illustrated on the attached plan, extends across approximately 500 square metres of land and is located west of the main railway line on the Budds Lane Industrial Estate, Budds Lane, Romsey. The nearest houses are to the east of the site beyond the railway line and on Budds Lane itself. The site is a triangular shape with the widest part of the site at its entrance onto Budds Lane. It contains three single storey buildings used as offices, stores/warehouse, and a workshop. Thirteen staff are employed on the site. Four staff are permanently employed in the office block, seven staff use the office but spend most of their time off-site; and two staff work in the stores and workshop. The applicant states that he owns five transit vans which staff usually take home after work at night. The drivers with these vans arrive at the site at 6am from Monday to Saturday and leave the site to work on different jobs by 7am. They may return at different times during the day to collect parts.

2.2 The applicant states that the site currently provides for approximately six car parking spaces.

2.3 Budds Lane itself has a significant number of cars parked along it within the industrial estate on both sides of the road.

3. Proposal

3.1 Planning permission is sought to operate a waste transfer station for asbestos waste at the existing office and warehouse site off Budds Lane, Romsey. The applicant states the existing uses fall under B1 (Business) and B2 (General Industrial) of the Town and Country Planning (Use Classes) Order 1987 (as amended).

3.2 The proposal would comprise two sealed lockable containers in a dedicated position on the site. An approved waste carrier would take a full skip for emptying at a registered landfill site once per week and replace it with an empty one. The applicant states there would be no risk of asbestos being allowed to escape into the environment and the facility would be licensed by the Environment Agency.

3.3 The applicant proposes the following hours of operation: Monday-Sunday 0600-1900 hours. The proposal would generate approximately ten vehicle movements a day (five in and five out).

4. Development Plan

4.1 Hampshire County Structure Plan 1996-2011 (adopted March 2000) - Policies MW1 (waste hierarchy) and MW2 (need for waste development balanced against environmental impact of the proposal) apply.

4.2 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted 1998) Policies 6 and 7 (environmental impact); 46 ( waste transfer facilities); and 47 (difficult and special waste) apply.

5. Consultations

5.1 The Environment Agency raises no objection in principle but states that the proposal would need a waste management licence issued by the Agency.

5.2 The Highways Adviser raises no strategic highway objection to the proposal subject to a condition requiring that all vehicles enter and egress the site in a forward gear.

5.3 The Environmental Health Officer raises no objection in principle, although suggests if it were possible to restrict hours of working to 0700-1800 hours Monday to Friday and 0800-1300 hours on Saturday this would be beneficial to local residents.

5.4 Test Valley Borough Council raises no objection to the application.

5.5 Romsey Town Council states that, subject to Test Valley Borough Council's Environmental Health Officer being satisfied there will be no asbestos leakage, it raises no objection to the proposal.

5.6 The local Member, Councillor Cooper, has been informed.

6. Representations

6.1 A petition of five local residents living on Budds Lane has been submitted to the County Council raising objection to the proposal on grounds of airborne dust, hazardous material being imported to a residential area, untrained and tired staff and additional vehicle movements at a busy location.

7. Chief Planning Adviser's Comments

7.1 The principle of the proposal is in accordance with policy, because it is a waste transfer operation proposed on an industrial site.

7.2 Objections received from local residents are noted, however neither the Highways Adviser nor the Environmental Health Officer raise amenity or traffic objections to the proposal. The suggestion of the Environmental Health Officer to restricting the hours of working to no Saturday afternoon or Sunday working has been considered but the nature of the business within an industrial estate would suggest that such a restriction would be considered unreasonable. Whilst it is understood there are currently no hours or day restrictions imposed on current operations the applicant has proposed hours of working and accordingly it is recommended that if permission is granted then such hours be imposed by way of condition.

7.3 In conclusion it is recommended that planning permission for the development be approved, subject to conditions.

Recommendation

That planning permission in respect of Proposed Waste Transfer Station (asbestos) comprising two individual sealed containers at Merryhill Envirotec Limited, Merryhill House, Budds Lane, Romsey, Hampshire (TVS10630) 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 five years from the date of this permission.

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

Hours of Working

(2) 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: 0600-1900 Monday to Sunday. There shall be no working on public holidays unless otherwise agreed agreed beforehand in writing by the Waste Planning Authority.

Reason: In the interests of local amenity.

Protection of Water Environment

(3) 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.

(4) 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.

Noise, Dust and Odour

(5) 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. Vehicles using the site shall be fitted with low tonal reversing alarms to minimise noise polltuion from the development.

Reason: To minimise noise disturbance from operations at the site to nearby offices and residential dwellings.

(6) Measures shall be implemented, including damping down of waste as necessary to prevent dust nuisance being caused to nearby business premises and residences.

Reason: In the interests of local amenities.

Highways

(7) Measures should be provided on-site to ensure that all vehicles access and egress the site in forward gear.

Reason: In the interests of highway safety.

(8) Measures shall be taken to prevent mud and spoil from vehicles leaving the site being deposited on the public highway. These measures shall be implemented before the development commences and thereafter maintained. In the event that any mud or spoil is deposited on the highway, it shall be cleaned off immediately it is noted.

Reason: In the interests of highway safety.

Storage

(9) The external yard area subject of this permission shall be kept free of objects, plant and containers within the turning circle required for vehicles to leave the site in forward gear.

Reason: In the interests of highway safety.

Layout

(10) The development shall be set out as detailed on approved Plan `A' submitted to the Waste Planning Authority on 25 May 2005 unless otherwise agreed in writing beforehand by the Waste Planning Authority.

Reason: To facilitate vehicle movements within the site in the interests of highway safety.

9274/JD

Annexe to Reasons for Conditions

(as required by Article 22 of the Town and Country Planning

(General Procedure) Order 1995 - as amended)

__________________________________________________________________

Hampshire County Structure Plan (Review) 2000

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.

Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (Adopted) 1998

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 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 47

The Waste Planning Authorities will grant planning permission for the handling, storage, treatment, processing and disposal of difficult and special wastes provided they are satisfied that:

(i) either the waste(s) concerned would arise largely within Hampshire or the facility would form part of a regional or national strategy for dealing with the waste(s) concerned to which the Waste Planning Authority has agreed; and

(ii) the proposed means of handling, storage, treatment, processing and disposal and the proposed facility are appropriate to the nature and hazards of the particular waste(s) concerned; and

(iii) the development would not be likely to cause unacceptable environmental, traffic or other impact.