Archived decisions

Hampshire County Council

Regulatory Committee

7 September 2005

Applicant: Ballast Phoenix Limited

To construct a recycling facility to process incinerator bottom ash and manufacture secondary aggregates at Cracknore Hard Lane, Cracknore Industrial Park, Marchwood

(Application No. 85177) (County Council Ref. NF250)

Report of the Chief Planning Adviser to the Regulatory Committee

Item 6

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

1. Summary

1.1 Planning permission is sought for a recycling facility for processing incinerator bottom ash to produce secondary aggregate at Cracknore Industrial Park, Marchwood. The Environment Agency has raised concerns about access to the adjacent watercourse, flood risk, and risk of contaminated site drainage reaching the water course. The Parish Council, a local resident and Councillor Harrison have raised concerns about the associated lorry traffic. It is considered that the concerns of the Environment Agency can be met by attaching appropriate conditions and that the associated lorry traffic is not unacceptable bearing in mind the location within an industrial park and the existing use of the site. Therefore it is recommended to grant planning permission, subject to conditions.

2. Site and Proposal

2.1 The site, as shown on the attached plan, comprises an area of 1.8 hectares within the Cracknore Industrial Park. The site is currently used for heavy vehicle trailer repair, heavy vehicle trailer hire, general vehicle hire and modular building sale and hire.

2.2 The proposal is for a recycling facility for processing incinerator bottom ash to produce secondary aggregate. The bottom ash would come from the Energy Recovery Incinerators at Marchwood, Portsmouth and Chineham (Basingstoke). The incinerators produce about 100,000 tonnes of bottom ash a year which would be taken to the proposed facility for processing. About 90% would be recycled and the residue would be taken to landfill. The recycled material would be used as aggregate in construction projects for uses including road construction as sub-base material; as replacement aggregate in asphalt, concrete and blocks; as lightweight fill material; and primary aggregate in foamed asphalt.

2.3 A new non-permeable concrete base would be laid across the site. The main processing involves passing the bottom ash through a trommel screen to remove ferrous and non-ferrous metals. This processing would be done in a new, steel portal-framed building. The building would measure 34.9 metres by 17.5 metres by 10.5 metres high. In addition there would be a weighbridge, office and amenity buildings, which would be portacabin type buildings. The outside hardstanding would be used for stockpiling both the raw and processed material.

2.4 Access would be from Cracknore Hard Lane. It is estimated that the proposal would generate about 40 lorry movements per day each way comprising:

      (i) 12 movements per day each way bringing bottom ash from Portsmouth and Chineham;

      (ii) 8 movements per day each way from the nearby Marchwood Energy Recovery Incinerator; and

      (iii) 20 movements per day each way taking out recycled product, metals and residual waste for landfill.

    Taking into account potential for `backhauling' loads this represents an increase of about 10 movements per day each way over the existing use.

3. Development Plan

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

4. Consultations

4.1 New Forest District Council raises no objection.

4.2 Environmental Health Officer, New Forest District Council has been informed.

4.3 Marchwood Parish Council supports the proposal subject to lorry routes being restricted to the main access and that frequency of lorry movements be shown to be a reduction compared to existing land use.

4.4 Environment Agency raises objection on the following grounds:

      (i) The proposed development will restrict planned maintenance and emergency access to the watercourse. The permanent retention of a continuous unobstructed area is an essential requirement for flood defence and conservation purposes. A clear buffer zone of 8 metres should be left between the top of bank and the development.

      (ii) The site lies within a tidal flood risk area and has been identified as having a greater than 0.5% chance of flooding each year. There is no flood risk assessment submitted for consideration with this application as recommended in PPG25.

      (iii) Insufficient information has been provided to adequately assess the risk of contaminated site drainage reaching the watercourse. In particular, the assessment of site drainage is based upon average daily rainfall. The Agency requires consideration of site drainage under a 1 in 100 year rainfall event.

4.5 English Nature raises no objection.

4.6 Highways Adviser raises no objection.

4.7 Southampton Airport raises no objection subject to conditions to deter birds, in particular gulls, from the building's roof and the lagoon.

4.8 The local Member, Councillor Harrison, raises concern at the impact of the lorry traffic associated with the proposal on the local roads.

4.9 Councillor Kendal has been informed.

5. Representations

5.1 One letter of objection has been received from a local resident on the grounds of noise from lorries using Normandy Way and Cracknore Hard Lane.

6. Chief Planning Adviser's Comments

6.1 The recycling of bottom ash rather than taking it to a landfill site is in accordance with policy. The proposed location within an established industrial estate is also in accordance with policy. The issues are whether the proposals are environmentally acceptable in terms of drainage, visual impact and traffic.

6.2 The site is located within a tidal flood risk area. However it is about 300 metres from the river bank, with several buildings and commercial activity between the site and the water front. It is noted that New Forest District Council has granted planning permission for substantial industrial/ commercial development in Cracknore Hard Industrial Park and Marchwood Industrial Estate. Therefore it is considered there is not an objection in principle to the use of the site, and that the Environment Agency's concerns can be addressed by a condition requiring a flood risk assessment prior to development commencing. Similarly, the need to safeguard access to the watercourse for emergencies and maintenance can be required by condition. The applicant has provided additional information concerning site drainage, and the views of the Environment Agency on this additional information are awaited.

6.3 In relation to the Parish Council's comments, it is considered unreasonable to restrict vehicular access to the Marchwood Industrial Estate entrance rather than Cracknore Hard Lane, as the latter is the permitted access for the Cracknore Industrial Park. The proposals would be likely to increase lorry traffic to the site but, given the nature of the surrounding development, the increase is not significant enough to warrant refusal of planning permission.

6.4 The objection from the local resident is noted, but the industrial estate generates substantial numbers of vehicles, and this proposal represents a marginal increase. Moreover, some of the lorries would be on the local network in any case as ash from the Marchwood incinerator has to be disposed of, if not by travelling to this facility then to another elsewhere.

6.5 In conclusion it is considered that the concerns of the Environment Agency can be met by attaching appropriate conditions and that the associated lorry traffic is not unacceptable bearing in mind the location within an industrial park and the existing use of the site. Therefore it is recommended to grant planning permission.

Recommendation

That planning permission in respect of the construction of a recycling facility to process incinerator bottom ash and manufacture secondary aggregates at Cracknore Hard Lane, Cracknore Industrial Park, Marchwood (85177) 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

    Time Limits

      (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 .

    Materials

      (2) Samples and/or details of the materials and finishes to be used for the external walls and roofs of the proposed buildings shall be submitted to and approved by the Local Planning Authority in writing before the development commences.

          Reason: In the interests of visual amenity and to secure a satisfactory development.

    Protection of Water Environment

      (3) An 8 metre unobstructed buffer zone shall be maintained alongside the watercourse.

          Reason: In order to ensure access to the watercourse for emergencies and planned maintenance.

      (4) Prior to development commencing a flood risk assessment shall be carried out and submitted in writing to the Waste Planning Authority for approval. The requirements arising from the flood risk assessment shall be implemented as approved.

      Reason: Site lies within a tidal flood risk area.

      (5) Prior to development commencing a site drainage scheme to ensure no contaminated site drainage reaches the watercourse shall be submitted to the Waste Planning Authority for approval in writing. The scheme shall be fully implemented prior to the site accepting incinerator bottom ash.

      Reason: To protect the water environment.

      (6) Prior to development commencing details of the lagoon shall be submitted to the Waste Planning Authority for approval in writing. The details shall be implemented as approved prior to the site accepting incinerator bottom ash.

          Reason: To protect the water environment and to avoid endangering the safe operation of aircraft through the attraction of birds.

    Aircraft Safeguarding

      (7) Any flat/shallow pitched roofs shall be constructed to allow access to all areas by foot using permanent fixed access stairs or ladders. No birds hazardous to aircraft, in particular gulls, shall be allowed to nest, roost or loaf on the building.

          Reason: To avoid endangering the safe operation of aircraft through the attraction of birds.

    Highways

      (8) Access to the site shall only be from the access shown on Drawing No: BX8997.

      Reason: In the interests of highway safety.

    Storage

      (9) Stockpiles of feedstock and finished products shall not exceed 7 metres in height.

      Reason: In the interests of visual amenity.

    Dust Suppression

      (10) Unless agreed in writing otherwise by the Waste Planning Authority water mist sprays shall be used on the site for the suppression of dust from vehicles, material conveyors and transfer points.

      Reason: To prevent dust nuisance.

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: Ballast Phoenix Limited

To construct a recycling facility to process incinerator bottom ash and manufacture secondary aggregates at Cracknore Hard Lane, Cracknore Industrial Park, Marchwood

(Application No. 85177)

(County Council Ref. NF250)

Environment Department

544/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.