Archived decisions

Hampshire County Council

Regulatory Committee

20 July 2005

Applicant: Mr T Adams

Change of use from a scrapyard to a waste transfer station at Pegham Industrial Estate, Fontley Road, Funtley

(Application No. 05/00504/HCS W03395/10)
(County Council Ref. WR199)

Report of the Chief Planning Adviser to the Regulatory Committee

Item 14

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

1. Summary

1.1 Planning permission is sought to increase the size of the proposed transfer building at the approved development waste transfer/recycling facility at a former scrapyard at Pegham Industrial Estate. The site also has planning permission granted by Winchester City Council for use as a depot for a skip hire business. No other changes are proposed. The application was deferred from the last meeting of the Committee as further clarification was required on the details of the proposal. As a consequence a site visit was carried out on 4 July 2005. The recommendation is to grant planning permission.

2. Site and Proposal

2.1 The site, as shown on the attached plan, comprises an area of 0.32 hectares at the Pegham Industrial Estate previously occupied by J & S Spares, a vehicle scrapyard. The nearest houses are a bungalow immediately to the south of the site, and a mobile home about 35 metres to the north of the site.

2.2 Planning permission was granted by Winchester City Council for a change of use from a scrapyard to a skip hire business on 21 January 2004. The permission includes a single storey workshop building. The change of use has not been implemented, although the scrapyard has been cleared.

2.3 In November 2004 the Regulatory Committee considered a planning application for a waste transfer/recycling facility at the site, which included the construction of a new waste transfer building measuring 10 metres by 20 metres by 8.5 metres high. The committee resolved to grant planning permission subject to a legal agreement to provide a highways financial contribution. The agreement has been completed and the permission granted.

2.4 The applicant wishes to amend the proposals by increasing the size of the waste transfer building, which requires a revised planning application. The current proposals are for a building measuring 20 metres by 14.5 metres by 8.5 metres high. There are no other changes proposed. All waste would be tipped within the building and mechanically sorted to separate recyclable material prior to removal for disposal or recycling. Access would be from the Pegham Industrial Estate road, via Laveys Lane to Fontley Road.

2.5 Following the deferral of the application at the last Committee meeting there have been further discussions with the applicant about the concerns raised by the neighbouring resident. As a consequence it is proposed to install an acoustic fence along the boundary between the waste transfer building and the workshop building. In addition it is proposed to install insulated cladding on the rear elevation of the waste transfer building.

3. Development Plan

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

4. Consultations

4.1 Winchester City Council raises objection on the grounds of increased traffic movements, increased noise and potential for increased dust. The additional large building, together with the building permitted with the skip business, represents a considerable amount of built form on a limited site. The application would result in overdevelopment of the site.

4.2 Environmental Health, Winchester City Council raises no objection subject to condition restricting hours of operation.

4.3 The Environment Agency raises no objection.

4.4 Wickham Parish Council raises objection on the grounds that the increase in traffic and noise generated by the proposal would be detrimental to the amenities of nearby residents.

4.5 The British Airports Authority, on behalf of Southampton Airport, raises no objection subject to no putrescible waste being imported to the site.

4.6 The Highways Adviser raises no objection subject to securing the highway contribution as previously approved by the County Council.

4.7 The local Member, Councillor Allgood, has been informed. The previous local Member, Councillor Mrs Hindson, was informed when the application was submitted.

5. Representations

5.1 A letter of objection has been received, on behalf of a business within the industrial estate, on the grounds that the proposed building is open-fronted, and therefore there is concern that emissions would not be contained within the building, to the detriment of the neighbouring industrial estate and neighbouring residential properties.

5.2 Objection was raised by a neighbouring resident on the grounds of concerns about noise and smell. However, after a discussion with the applicant, this objection will be withdrawn provided there are conditions requiring acoustic fencing and acoustic cladding, and a condition to control smells.

6. Report of Member Site Inspection

6.1 In light of local concerns Members undertook a site inspection on 4 July 2005 and met representatives from Winchester City Council and the applicant.

6.2 The Chief Planning Adviser gave a brief description of the site boundaries, the surrounding area and the details of the application. Those present were shown the location of the proposed workshop building which had already received planning consent, together with the area covered by the current application. It was explained that part of the area concerned had previously been granted permission for a smaller waste transfer/recycling facility.

6.3 A representative of Winchester City Council raised concerns regarding the proximity of the proposal to ancient woodland, the effects of additional traffic generated by the site and its impact on the surrounding countryside.

6.4 The applicant highlighted to those present that the application was only for the new building and that the size of the operation would remain unaltered. Access to the proposed premises would be from the southern side. This was a departure from the previously granted permission for the smaller building, which had proposed access from the eastern side. It was anticipated that this would reduce any noise pollution to nearby buildings.

6.5 It was also reported that the site had previously been used as a breakers yard, during which time the visual impact was considered to have been significantly worse than that anticipated from the Waste Transfer Station.

6.6 Those present went on to view the site from an adjacent property belonging to Mr Taylor.

7. Chief Planning Adviser's Comments

7.1 The only difference between this application and the previous application at the site, which was granted planning permission, is the change in the size of the building. The issue, therefore, is whether the larger building would be unacceptable. Although larger, the building is no higher than that permitted and it is not considered that it would be visually more intrusive.

7.2 The concerns about the lorry traffic raised by Winchester City Council are noted, but this issue was considered with the previous application when, subject to a financial contribution, it was considered that a refusal could not be sustained. The same applies in this case as no change in lorry traffic is proposed.

7.3 The issue of adverse impact for local residents, particularly from noise, dust and smell, is also noted, and was also considered with the previous application when it was considered that the impact would not be unacceptable. It is not considered that the change in the size and orientation of the building would increase potential for disturbance, and the proposals for the acoustic fence and acoustic cladding would provide additional noise mitigation. Conditions are proposed to secure this mitigation.

7.4 In conclusion it is considered that as there are no changes to the proposal other than the increased size of the proposed building and the additional noise mitigation measures from that which was previously granted planning permission, it is recommended to grant planning permission.

Recommendation

That planning permission in respect of change of use from a scrapyard to a waste transfer station at Pegham Industrial Estate, Fontley Road, Funtley (05/00504/HCS) be granted for the following reason, and subject to the following conditions:

    Reason for Approval

    It is considered that the proposal would be in accordance with the Development Plan (summary attached), 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 two years from the date of this permission.

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

    Noise, Dust and Odour

      (2) The rear wall of the waste transfer station shall be noise insulated. Details of the materials and means of noise mitigation shall be submitted to the Waste Planning Authority for approval in writing prior to development commencing. The details shall be implemented as approved.

      Reason: In order to minimise noise disturbance.

      (3) Prior to the site accepting waste a three metre high acoustic fence shall be installed on the northern boundary of the site between the Waste Transfer Building and the workshop building.

      Reason: In order to minimise noise disturbance.

      (4) Prior to the site accepting waste, details of measures to control and monitor noise, dust and odour to prevent nuisance shall be submitted to the Waste Planning Authority for approval in writing. The measures shall be implemented, monitored and maintained as approved throughout the period the development is in use. In the event that nuisance is proved the site shall cease to accept waste until measures have been taken to remove the nuisance.

      Reason: In the interest of local amenity.

    Lighting

      (5) Prior to the site accepting waste, details of the lighting of the site shall be submitted to the Waste Planning Authority for approval in writing. The details shall be implemented and maintained as approved throughout the period the development is in use.

      Reason: In the interest of local amenity.

    Protection of Water Environment

      (6) Soakaways shall not be located within areas identified as contaminated land. All surface water from roofs should be piped to an approved surface water system using sealed downpipes. Open gullies should not be used.

      Reason: To prevent pollution of the water environment.

      (7) All areas where waste is stored, handled or transferred shall be underlain by impervious hardstanding, with dedicated drainage to foul sewer or sealed tank.

      Reason: To prevent pollution of the water environment.

      (8) 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.

    Hours of Working

      (9) 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: 0800-1800 Monday to Friday and 0800-1300 Saturday. There shall be no working on Sunday or recognised public holidays.

      Reason: In the interest of local amenity.

    Lorry Movements

      (10) The total number of daily lorry movements associated with the site shall not exceed 80 (40 in and 40 out). A record of the number of lorry movements shall be kept at the site and made available to the Waste Planning Authority on request.

      Reason: In the interest of local amenity.

      (11) No waste or recycled material shall be stored outside the building unless previously agreed in writing by the Waste Planning Authority.

      Reason: In the interest of local amenity.

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: Mr T Adams

Change of use from a scrapyard to a waste transfer station at Pegham Industrial Estate, Fontley Road, Funtley

(Application No. 05/00504/HCS W03395/10)

(County Council Ref. WR199)

Environment Department

441/PDC

Annexe to Reasons for Conditions

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

(General Procedure) Order 1995 - as amended)

__________________________________________________________________

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