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

1. Summary

1.1 Planning permission is sought to operate a predominantly inert waste recycling facility at Bunny Lane landfill site, Timsbury, near Romsey. The recycling facility would be ancillary to the infilling and restoration of Hunts Farm Quarry, which is the subject of an extension of time application that is being reported at the same meeting of this Committee.

1.2 The recommendation is to grant permission for the recycling facility, to be ancillary to Hunts Farm Quarry only, but subject to a legal agreement securing a financial contribution for upkeep and maintenance of that part of Bunny Lane serving the site. It would also be subject to conditions to control site operations so that the environmental impact on local residents in particular is minimised.

2. Site and Planning Background

2.1 The site, as shown on the attached plan, extends across 3.35 hectares of derelict land, within an area designated as countryside in the Test Valley Borough Local Plan at Timsbury, near Romsey. The Bunny Lane Landfill, comprising approximately 43 hectares, borders the site to the north and east. To the west of the site, the land is rough grazing which falls away to the valley of the Test. At the southern boundary of the site is Bunny Lane, a rural road that serves a Household Waste Recycling Centre (HWRC), and Casbrook Industrial Park.

2.2 The nearest residential properties lie to the north of the site beyond the old Redland Tileworks on Rudd Lane. Test Valley Borough Council has granted outline planning permission for a housing development comprising around 30 houses on the old Redland Tileworks site, which has not yet been implemented.

2.3 The site would be accessed from the existing Bunny Lane Landfill entrance onto Bunny Lane. It is also the main point of access to the Hunts Farm Quarry to the north of Rudd Lane. A public footpath shares the initial part of the haul road off Bunny Lane.

2.4 There are two existing waste transfer businesses in the vicinity. Ace Liftaway operates an enclosed waste transfer station from the Yokesford Hill Industrial Estate and BKP which operates a waste transfer station from Casbrook Industrial Park on Bunny Lane. Both these recycling/transfer facilities are stand-alone facilities on employment land and thus consistent with policy.

2.5 Current planning permissions at Bunny Lane are for landfilling and recycling until 2011. The recycling permission, which was initially granted on appeal in 1998 and gained an extension of time until 2011, has not yet been implemented. However, the operator SITA have clarified in writing that if permission is granted for the recycling facility subject of this application their permission will not be implemented. Accordingly, if permission is granted for the current application and implemented, it should be the only recycling operation.

3 Proposal

3.1 Planning permission is sought to establish a predominantly inert waste recycling facility with associated facilities on 3.35 hectares of land west of the existing landfill site at Bunny Lane, Timsbury. The applicant proposes that the development would be ancillary to the Bunny Lane Landfill and Hunts Farm Quarry restoration and would terminate at the same time as the landfill operation on 9 October 2011. The application site would be accessed off Bunny Lane and sited around and within the old cowshed on the site. The applicant intends to restore Hunts Farm first in accordance with the requirements of the permission which prevents tipping on Bunny Lane until Hunts Farm is complete. An application to extend the time for tipping at Hunts Farm Quarry is also being reported for determination at the same meeting of this Committee.

3.2 It is proposed to import up to a maximum of 750 tonnes a day of principally inert waste for recycling. It is intended to recycle approximately 75% of this waste to secondary aggregates, construction fills and soils. The recycling of non-inert waste resulting from materials found within the imported skips would take place within the old cowshed building. Inert waste recycling would take place outside. The estimated maximum daily HGV movements would be 208 (104 in and 104 out).

3.3 Additional noise and traffic speed information has been submitted for clarification purposes since the application was submitted.

4. Development Plan

4.1 Hampshire County Structure Plan Review 1996-2011 (Adopted March 2000) Policy MW2 (need for waste recycling balanced against any adverse impact such facilities may cause) applies.

4.2 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (Adopted December 1998) Policies 6 and 7 (general environmental and amenity protection policies) and Policy 46 (ancillary to existing landfill sites permitted in countryside sites subject to satisfaction of environmental criteria) apply.

4.3 District Council Policies referred to by the Test Valley Borough Council comprise Policies C1 of the Test Valley Borough Local Plan and SET03 of the Test Valley Borough Local Plan Review.

5. Consultations

5.1 Braishfield Parish Council objects to the application principally on the grounds of: amenity impacts, including noise from the trommel screens and crushers; unacceptable increase in traffic movements on a narrow lane already suffering from erosion; and that there is no need.

5.2 Michelmersh and Timsbury Parish Council objects to the proposal because of: noise; incremental intensification over time; it is a departure from the Development Plan; violates the proximity principle; other facilities in the immediate neighbourhood; no Environmental Impact Statement submitted; no audit undertaken on the impact of a third local transfer station on an already inadequate road network; amenity impacts; the outline planning permission for 30 houses on the site of the old Redland Tile works; and the unreasonable Saturday start time of 7.30 am.

5.3 Romsey Extra Parish Council objects to the application on the basis of the increased traffic movements associated with the site.

5.4 The Environment Agency raises no objection in principle, subject to conditions.

5.5 The Environmental Health Officer has no objections to the proposal and confirms that the noise levels stated when the crusher is in operation are of marginal significance at the nearest residential properties other than that of the applicant at Hill Top. Mitigation is already in place for noise from the area where the crusher will be operating, ie a bunded area which will reduce the noise heard at the nearest residential property.

5.6 Test Valley Borough Council objects to the proposal on the following grounds:

"The proposed development would represent an industrial activity in the countryside for which there is no justification and which would be contrary to Policies C1 of the Test Valley Borough Local Plan and SET03 of the Test Valley Borough Local Plan Review."

5.7 The local Member, Councillor Woodall, concurs with the views expressed by Michelmersh Parish Council and in particular its concern over increased traffic movements in Bunny Lane and the access routed through Romsey and along the A3057 from the north. He considers that the whole site should be looked at in its entirety and clearly any aspirations to complete the extensive site by 2011 are unrealistic and concludes that whilst in principle he agrees with the application he and the Parish Council would be more reassured if the future of this site was being fully considered.

5.8 The adjacent local Member, Councillor Dowden, supports the views of Braishfield Parish Council.

5.9 The Highways Adviser states that visibility splays at the site entrance currently measure 2.4 x 58 metres to the right and 2.4 x 64 metres to the left. This is below what would be expected in this location. However, evidence submitted shows that vehicle speeds on Bunny Lane are generally around 45/46 miles per hour. Accordingly he raises no objection to the retention of the existing splays to serve the proposed facility. An accident check was completed at the local junction, and in the last three years five accidents have occurred in the vicinity of the site but none have involved HGVs or goods vehicles of any size. Bunny Lane serves a number of HGV generating sites which have had a considerable impact on highways land in Bunny Lane. He would expect a contribution in the region of £12,000 to be secured from this site towards any future works on Bunny Lane.

6. Representations

6.1 At the time of writing six representations to the application had been received from local residents, reflecting the concerns raised by the main consultees plus landscape impacts.

7. Chief Planning Adviser's Comments

7.1 The application site with the Bunny Lane Landfill and Hunts Farm Quarry, has a complex history. There are ownership and operator issues now complicated by changing Environment Agency permitting requirements. Together these have confounded progress to completing operations and restoring the land to a productive use. However, it is understood these problems have been resolved by a `partnership' between the main parties. Initially it is proposed to restore the neighbouring Hunts Farm Quarry via the recycling operation currently proposed.

7.2 The principle of the proposal is supported by planning policy as it would be ancillary to Hunts Farm restoration. However, it is understood that the future of how the Bunny Lane Landfill would progress is uncertain as currently there is no Environment Agency permit to tip. Accordingly the application can only be justified as ancillary to Hunts Farm and thereby to the life of its restoration to 2009.

7.3 Objectors and the Parish Councils have raised the issue of need in the context of the BKP and Yokesford Hill Industrial Estate facilities being located nearby. However, these two businesses are stand-alone recycling/waste transfer facilities. The application subject of this report, proposes a facility ancillary to the existing landfill permission and the existing Hunts Farm Quarry.

7.4 Concerns raised from objectors and the Parish Councils about noise are noted, but the Environmental Health Officer, having assessed the application and the noise information presented, raises no objections. The Environmental Health Officer has looked at the amenity implications of the proposal in its entirety, including the maximum noise output were the application site, the landfill site, the SITA permission for recycling and Hunts Farm all operating at the same time. With regards to the issues raised by objectors that the crusher may operate for more than 36 days per year, the Environmental Health Officer reiterates that there will not be any increased noise impact to local residents by way of the crusher operating, and that the operation should be considered as a temporary operation when applying noise guidance outlined in MPG 11 now superseded by MPS2

7.5 It is noted that no highways objection has been raised to the proposal by the Highways Adviser, subject to a legal agreement securing a financial contribution for the future upkeep and maintenance of Bunny Lane and subject to conditions. It is also noted that the Highways Adviser considers the existing visibility splays serving the site are adequate, taking into account the results of the speed survey submitted by the applicant.

7.6 Concerns raised about the fact that no Environmental Impact Assessment has been submitted are noted, however the application does not, under the Environmental Impact (England and Wales Regulations) 1999, require such an Assessment. Concerns raised by objectors about the landscape impact of the site are also noted, but it is considered that as the site is screened by a bund there is no reason for refusal on landscape grounds.

7.7 To conclude, it is recommended that, subject to securing a further financial contribution towards improvements and upkeep of Bunny Lane, permission should be granted subject to conditions including restricting the permission to work the recycling facility as ancillary to Hunts Farm only.

Recommendation

That, subject to a legal agreement securing a financial contribution for the improvement and maintenance of the western part of Bunny Lane, planning permission in respect of operation of a recycling facility at Bunny Lane landfill site (TVS01051/9) be granted for the following reason, subject to the following conditions:

Reason for Approval

It is considered that the proposal relating to the recycling facility working as ancillary to Hunts Farm Quarry 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 granted for a recycling facility ancillary to Hunts Farm Quarry shall be implemented within one year from the date of this permission.

Reason: To ensure the Hunts Farm Quarry to which the facility is ancillary is restored before Bunny Lane landfill and in a satisfactory timescale.

Time Limit

(2) Permission hereby granted shall be for a limited period expiring on 30 June 2009 on or before which date the importation of waste to Hunts Farm Quarry, shall cease and the inert waste recycling facility shall be discontinued permanently, all plant hardstandings, bunds, fencing, offices and ancillary development removed, and the site shall be restored to agriculture in accordance with Permission No.TVS4769/2 ( or as otherwise superseded) within a .further period of six months.

Reason: The development is of a type not considered suitable for permanent retention.

Ancillary Activity

(3) The recycling facilities shall be used in association only with the restoration scheme permitted for Hunts Farm Quarry and `inert' arisings from the recycling shall not be tipped other than in the Hunts Farm Quarry.

Reason: The use is ancillary to the permitted restoration scheme at Hunts farm Quarry only.

Noise Control

(4) Reversing alarms attached to vehicles visiting and machinery reversing on the site shall be low-level and tonal `white noise' type alarms.

Reason: In the interests of local amenities.

Landscaping

(5) No recycling operations shall commence nor plant be erected until a scheme of advanced planting has been submitted to and approved by the Waste Planning Authority in writing, and implemented on the western and southern site boundaries (including the banks outside and adjacent to the application site, but within the applicant's control) to the satisfaction of the Waste Planning Authority in the first planting season following the issue of this permission.

Reason: In the interests of local amenities.

(6) No recycling operations shall commence nor plant be erected until details of bunds surrounding the site have been submitted to and approved by the Waste Planning Authority in writing and implemented on site, and seeded as necessary, to the satisfaction of the Waste Planning Authority.

Reason: In the interests of local amenities.

(7) No recycling operations shall commence nor plant be erected until the base level of the facility has been approved by the Waste Planning Authority in writing.

Reason: In the interests of visual amenities.

Rights of Way

(8) No development shall commence until measures to protect the adjacent Public Right of Way and its users have been agreed with and implemented to the satisfaction of the Waste Planning Authority.

Reason: In the interests of the safety of users of the adjacent public Right of Way.

Hours of Working

(9) No machinery shall be operated, no process carried out and no deliveries taken at or despatched from the site outside the following times: 0730 to 1730 hours Monday to Friday and 0730 to 1230 hours on Saturday. No working shall take place on Sunday or public holidays.

Reason: In the interests of local amenities.

Pollution Control

(10) Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from parking areas and hardstandings shall be passed through an oil interceptor designed and constructed to take a capacity and details compatible with the site being drained. Roof water shall not pass through the interceptor.

Reason: To prevent pollution of the water environment.

(11) Any above ground oil/chemical storage tank/container and associated pipework shall be bunded in a manner so as to retain at least 110% volume of the tank capacity.

Reason: To prevent pollution of the water environment.

(12) No development shall commence until details of operational drainage systems, hardstandings and waste bay construction have been submitted to and approved by the Waste Planning Authority in writing and implemented on site to the satisfaction of the Waste Planning Authority.

Reason: to prevent the pollution of ground water.

Dust

(13) Prior to the development commencing a scheme of dust control and suppression shall be submitted to and approved by the Waste Planning Authority in writing and implemented prior to the use commencing.

Reason: In the interests of local amenities.

Restoration

(14) The site shall be restored as the final phase in the revised scheme of tipping approved under Permission No. TVS4769/2.

Reason: To ensure an orderly and progressive restoration of the adjacent landfill.

(15) No development should take place until a revised phasing scheme for the landfill permitted under Permission No. TVS4769/2 has been agreed in writing by the Waste Planning Authority.

Reason: To ensure an orderly and progressive restoration of the adjacent landfill.

Type of Material

(16) No material shall be imported to the site other than inert waste as categorised by the Environment Agency and outlined in the Advice Note below. This is acknowledging that a small percentage of any mixed skip waste imported would need to be separated out from the inert, and exported from the site.

Reason: In the interests of local amenities.

436/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 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 land raising 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.