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

1. Summary

1.1 Planning permission is sought for the importation of pet carcasses and associated material to be disposed of by existing farm incinerators (as authorised by the Department for the Environment, Food and Rural Affairs - DEFRA) and construction of open-sided farm building at Broxhead Farm, Lindford, Bordon. The recommendation is to grant permission, subject to conditions.

2. Site and Background

2.1 The site and existing farm access is off the B3004 Broxhead Common Road, a short distance north of its junction with Lindford Road at Bordon, as shown on the attached plan. The proposed access and existing farm access point off Broxhead Road are one and the same and cross Broxhead Common. This part of the access route is also a public footpath and is crossed by a bridleway. The River Wey is adjacent to and south of the site. Until recently the site housed an old farm incinerator which has now been replaced by two newer units. Broxhead Industrial site lies close to and south-west of the site. Lindford Sports Association uses that part of Broxhead Common adjacent to the farm access.

2.2 Broxhead Common is within the River Wey Site of Importance for Nature Conservation (SINC) and the part of the access that runs across the Common is within a Site of Special Scientific Interest (SSSI). Adjacent to Broxhead Road and the south-east of the Common is a small area designated as a Special Protection Area (SPA).

2.3 The site is on an existing poultry farm where chicken carcasses have been incinerated for a number of years. The applicant states the site for the incinerator was selected by DEFRA as being the best location within the farm, taking into account the operational requirements of the farm and the impact on the local environment. The farm has recently purchased two incinerators to comply with EU and Government legislation which came into force on 1 January 2005, which requires that farm incinerators should comply with the latest emission control and rate of burn legislation.

2.4 The main incinerator has spare capacity. To recoup some of the costs of setting up the new incinerators and to help diversify activities on the farm, it is proposed to utilise this spare capacity by cremating dead domestic pets and other wild and farm animal carcasses.

2.5 The applicant has applied for a licence from the Environment Agency and from DEFRA. It is understood that both DEFRA and the Environment Agency are likely to approve these applications.

2.6 The applicant states that there are currently only two licensed pet crematoriums in the area (one of those being on the Isle of Wight) and that some vets in Southampton are sending pet carcasses as far as Norwich for cremation and return of ashes. The applicant states that since the new legislation on banning hunting and the new regulations on incinerators it is certain that there will be a lack of facilities for cremating animals and pets because of the investment costs of incineration.

2.7 Pets are classed as non-hazardous waste, unless they have died from infectious diseases. This application would only deal with non-hazardous waste.

3. Proposal

3.1 Planning permission is sought to import pet carcasses and associated material (predominantly from veterinary practices) and dispose of them by two existing farm incinerators (authorised by DEFRA) at Broxhead Farm, Bordon. Permission is also sought retrospectively for the construction of the open-sided farm building in which the incinerators are located. The building is 10 metres long by 5 metres wide and 4.2 metres high with a concrete floor. It contains the incinerator, a storage area for carcasses, a store room/office and a 5,000 litre bunded diesel tank. The incinerator chimney protrudes approximately 300 millimetres above the apex of the roof.

3.2 Vehicle movements created by the proposal would be no more than one small van/private car with trailer per day, six days per week.

3.3 Operating times would be 0700-1800 hours although in the instances of road-kill this might need to be collected outside these hours. It is considered unlikely that the total mass of imported carcasses would exceed five tons per week.

4. Development Plan

4.1 Hampshire County Structure Plan Review 1996-2011 (Adopted March 2000) Policies MW1 (waste hierarchy) MW2 (need for recycling activities balanced against environmental impact of the proposal) MW6 (provision of sufficient facilities to meet need for waste disposal) and C2 (in delineated countryside, permission only be granted for development essential to agriculture, other development for which rural location essential; re-use adaptation of exiting buildings to assist diversification of the rural economy) apply.

4.2 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (Adopted December 1998) Policies 6 and 7 (general) and 49 (appropriate incineration facilities to deal with certain types of clinical waste) apply. (For planning purposes clinical waste covers veterinary waste.)

5. Consultations

5.1 Headley Parish Council raises no objection to the application.

5.2 Whitehill Town Council, as adjacent parish, objects to the application and has the following concerns:

(i) The incinerators are in close proximity to important natural and environmentally sensitive areas : the River Wey and Broxhead Common SPA. There is the potential for pollution of these important areas from incinerator emissions.

(ii) It is stated that there is a lack of facilities for disposal of pet carcasses, exemplifying the disposal of carcasses from the Southampton area being taken to Norwich for disposal. The application proposes that no more than one small van/private car with trailer will visit the site per day. The parish council is concerned that if this application is allowed then expansion will take place, creating additional traffic on the A325 through Whitehill/Bordon, adding to the existing highway safety and congestion problems. The parish council is also concerned that no information is given on the disposal of residue from the incinerators.

5.3 Lindford Parish Council, as adjacent parish, objects to the application on the basis that the capacity of importation for incineration may increase over time, creating an increase in traffic and add to deterioration of the road. The Parish Council is concerned that the development would also impinge upon users of the grounds of Lindford Sports Association near the farm access track and requests that the operating times be restricted. The Parish Council considers that users of the Sports Association may feel distress at seeing van loads of carcasses being transported to the site.

5.4 Environmental Health East Hampshire raises no objection to the proposal. It states it has previously dealt with a couple of odour complaints arising from the existing poultry farm but nothing in relation to the existing incinerators.

5.5 Environmental Health states that it has no problem with the one vehicle load a day accessing the site six days a week but if this were to increase in number and also to bigger vehicles there might be a loss of amenity for local residents, especially from early morning vehicle movements. If this is believed to be the case it is recommend that a condition be attached to any permission to control the number of vehicles passing through the site.

5.6 Environmental Health also notes that the two incinerators are wired so only one will operate at a time, keeping below 50 kilograms throughput per hour. If the site operates above this or circumstances change and both incinerators operate at the same time, the site may require a permit to operate from East Hampshire District Council under the Pollution Prevention and Control Regulations 2000.

5.7 East Hampshire District Council raises no objection to the application.

5.8 Environment Agency raises no objection to the proposal, subject to a condition requiring the submission and approval of foul drainage details prior to the development commencing.

5.9 English Nature states that it has no objection to the proposal going ahead and states that the development is not likely to have a significant effect on the features of interest of the Broxford and Kingsley Commons SSSI and the Wealden Heaths Phase II SPA. The applicants' mitigation techniques to prevent pollution of the River Wey as described in the application should be implemented.

5.10 DEFRA raises no objections to the application, either on the retrospective building or on the importation of carcasses for local importation, and the latter is covered by DEFRA/Environment Agency Regulatory requirements.

5.11 The Rights of Way Manager has been informed of the proposal.

5.12 The local Member, Councillor James, understands there is local concern regarding the smell from the current incineration which could be exacerbated by the increased activity. The odour issue needs to be clarified by way of consultation with the Environmental Health Officer.

5.13 The Highways Adviser raises no objection to the application.

6. Representations

6.1 One letter of support and one letter of concern have been received about the application.

6.2 The letter of support has been received from Highland Properties Limited of the adjacent Broxhead Trading Estate, stating that the proposal is an excellent move and the facility will be of great benefit to the environment. It is hoped that members of the public in the surrounding area will be made fully aware of this facility and also that they will make good use of it.

6.3 The letter of concern has been received from Silex Limited of Broxhead Trading Estate, which states that the company already has to put up with an offensive smell from Broxhead Farm's chickens on a regular basis. It states this is a particular problem when the windows and doors in the industrial unit are open. Silex states it would be opposed to the application unless it can be shown that the smell would not be any more than it currently is and that there would be no other environmental effects that would cause problems to their staff.

7. Chief Planning Adviser's Comments

7.1 The principle of the proposal to use existing farm incinerators for the incineration of pet carcasses is supported by policy in that it promotes the sustainable diversification of farm operations and buildings, and promotes the reduction of waste that goes to landfill.

7.2 The concerns of Whitehill Town Council with regards to impact on the SSSI, SINC, SPA and the River Wey are noted but neither English Nature nor the Environment Agency raise objection to the application.

7.3 The concerns about odour from the farm are also noted but it is clear that the Environmental Heath Officer raises no concern about this proposal, and clarifies that the odour problems that there have been at the farm relate to the actual poultry unit rather than the incineration.

7.4 The issue of whether the activities of the proposal could intensify, creating more traffic, as mentioned by Whitehill Town Council, Lindford Parish Council and the Environmental Health Officer, is noted. It is clear that the proposal relates to only one or two movements per day and the development does not have capacity to generate a large number of vehicles. The concern from Lindford Parish Council about upkeep of the access is noted. However, the access track is owned and maintained by the applicant as an existing farm track and used regularly by farm traffic.

7.5 To conclude, it is recommended that permission be granted, subject to conditions.

Recommendation

That planning permission in respect of importation of pet carcasses and associated material to be disposed of by existing farm incinerators (as authorised by DEFRA) and construction of open-sided farm building at Broxhead Farm, Lindford, Bordon (HCC/2005/0162) 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, or in the event of an emergency situation, no heavy goods vehicles shall enter or leave the site and no plant or machinery shall be operated except between the following hours: 0700-1800 Monday to Saturday. There shall be no working on Sundays or recognised public holidays.

Reason: In the interests of local amenity.

Protection of Water Environment

(3) Prior to the development commencing details of the proposed foul drainage system shall be submitted to and approved in writing by the Waste Planning Authority and thereafter implemented in accordance with that approval prior to the importation of pet carcasses commencing.

Reason: To prevent pollution of the water environment.

(4) No sewage or trade effluent, including water containing chemical additives, vehicle wash waters, steam cleaning effluent, or pressure wash effluent should be discharged to the surface water system. All sewage or trade effluent should be discharged to the foul sewer.

Reason: To prevent pollution of the water environment.

Lighting

(5) Details of any flood lighting to be installed shall be submitted to the Waste Planning Authority in writing prior to the development commencing to ensure that any lighting installed does not cause a significant adverse visual or environmental impact (by way of light pollution) to nearby properties.

Reason: In the interests of local amenities and the landscape character of the area.

Storage

(6) There shall be no storage of waste outside the building, unless otherwise agreed in writing by the Waste Planning Authority.

Reason To protect the amenities of the area.

Advice Note to Applicant

Under the terms of the Water Resources Act 1991, the prior written consent of the Environment Agency is currently required for any discharge of sewage or trade effluent onto or into ground and for surface run-off into groundwater. Such consent may be withheld. If there is an existing discharge consent the applicant should ensure that any increase in volume is permitted under the present condition.

437/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. reuse 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 aftercare 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 not re-used, recycled or processed; and

(iv) waste transfer stations to serve areas of local waste processing and disposal facility shortage;

provided that the development would not have unacceptable environmental, traffic or other impact.

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.

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 49

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

(i) the waste would largely arise within Hampshire or the facility would form part of an agreed regional strategy for dealing with clinical waste;

(ii) where waste is to be disposed of by incineration the plant is of an appropriate type to deal with clinical waste; and

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