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

1. Summary

1.1 Planning permission is sought to operate a predominantly inert waste recycling facility located adjacent to the Bunny Lane Landfill Site, Timsbury near Romsey. The recycling facility would initially be ancillary to the infilling of the Hunts Farm Quarry opposite Bunny Lane landfill, which has consent to 30 June 2009. However, if operational consent is granted by the Environment Agency for tipping to recommence at the adjacent Bunny Lane Landfill the intention is to retain the recycling facility until the completion of the Bunny Lane Landfill, which currently has planning permission for waste tipping to 10 September 2011.

1.2 The recommendation is to grant permission for the recycling facility to be ancillary to Hunts Farm Quarry only, in accordance with policy, but subject to 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 to minimise the environmental impact on local residents and ensure that the site is restored by the permitted end date, which would be 30 June 2009, or 10 September 2011 if tipping recommences at Bunny Lane Landfill.

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 a waste transfer operation within 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. This permission 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 operates a waste transfer station from Casbrook Park on Bunny Lane.

2.5 Current planning permissions at Bunny Lane are for landfilling and recycling until 2011. However the recycling permission, which was initially granted on appeal in 1998, has not yet been implemented. The operator (SITA) has stated in writing that it will not implement this proposal if permission is granted for this application.

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 application site would be accessed off Bunny Lane and sited around and within an old cowshed on the site.

3.2 The applicant states that the recycling facility will be initially ancillary to the infilling of Hunts Farm Quarry, which has to be restored before tipping can recommence at Bunny Lane Landfill. At present the Bunny Lane Landfill has planning permission for tipping but does not have the necessary operational consent from the Environment Agency. Therefore it is proposed that the recycling facility would cease on 30 June 2009 (end date of planning permission for tipping at Hunts Farm Quarry) unless consent is granted by the Environment Agency for tipping to recommence Bunny Lane Landfill, in which case the recycling facility would cease on 10 September 2011 (the end date of planning permission for tipping at Bunny Lane landfill).

3.3 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 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).

3.4 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 Test Valley Borough Council objects to the proposal on the following grounds it would represent an industrial activity in the countryside for which there is no justification, and would be contrary to Policies C1 of the Test Valley Borough Local Plan and SET03 of the Local Plan Review.

5.2 The Environmental Health Officer (Test Valley Borough Council) 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 owner at Hill Top . Mitigation by the way of a bunded area is already in place for noise from the area where the crusher will be operating, which will reduce the noise heard at the nearest residential property.

5.3 The Highways Adviser states Bunny Lane serves a number of HGV generating sites which have had a considerable impact on highways land in Bunny Lane. However, evidence submitted shows that vehicle speeds on Bunny Lane are generally around 45/46 miles per hour (mph) and are significantly below the speed limit of 60 mph which is currently in place.

5.4 He also states that 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.

5.5 The Highway Adviser raises no objection subject to the retention of the existing splays to serve the proposed facility and a financial contribution of £12,000 to be secured towards any future repair and maintenance works on Bunny Lane.

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

5.7 Michelmersh and Timsbury Parish Council objects to the proposal because of:

(i) noise;

(ii) incremental intensification over time;

(iii) it is a departure from the Development Plan;

(iv) violates the proximity principle;

(v) other facilities in the immediate neighbourhood;

(vi) no Environmental Impact Statement submitted and no audit undertaken on the impact a third local transfer station would have on an already inadequate road network;

(vii) amenity impacts;

(viii) the outline planning permission for 30 houses on the site of the old Redland Tile works; and

(ix) the unreasonable Saturday start time of 7.30 am.

5.8 Braishfield Parish Council objects to the application principally on the grounds of:

(i) amenity impacts, including noise from the trommel screens and crushers;

(ii) unacceptable increase in traffic movements on a narrow lane already suffering from erosion; and

(iii) lack of need.

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

5.10 The local Member, Councillor Woodhall, 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.

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

5.12 The adjacent local Member, Councillor Perry, states that he believes more effective use must be made of the waste recycling sites that already have consents, such as Bunny Lane, before developing in other areas.

6. Representations

6.1 Six representations to the application had been received from local residents, reflecting the concerns about noise and increased lorry traffic raised by the parish councils plus landscape impacts.

7. Report of the Site Visit

7.1 The Committee undertook a site visit on 5 September 2005 and met representatives of Braishfield Parish Council, Michelmersh Parish Council and the applicant.

7.2 The Chief Planning Adviser introduced the application and outlined the key features. Particular attention was drawn to outstanding issues concerning levels of recycling and how this would interact with the landfill site, which currently does not have a licence from the Environment Agency to tip. The Highway Adviser advised that he was satisfied with the access to the site and the applicants had formally agreed to contribute to a maintenance regime for Bunny Lane.

7.3 The Braishfield Parish Council representative reported that the Parish Council's primary concerns were about noise and dust from the site.

7.4 The Michelmersh Parish Council representative reported concerns about noise and the impact on local housing developments.

7.5 Both parish councils were concerned about the noise of vehicles moving on and off the site and the level of the reversing sounds from the vehicles.

7.6 Councillor Woodhall, the local Member, was unable to attend the site visit due to a prior commitment but had stated his concerns, included in the report, of the need to consider the whole site.

7.7 The Chief Planning Adviser reminded the County Members of the particular concerns of local bodies, parishes and local residents about issues of traffic.

8. Chief Planning Adviser's Comments

8.1 The Bunny Lane Landfill and Hunts Farm Quarry have a complex history. There have been ownership and operator changes and changing Environment Agency permitting requirements which have confounded the completion of operations and restoring the land. However, it is understood these problems have been resolved to the extent that the applicant can initiate the restoration of Hunts Farm Quarry by the recycling operation currently proposed. In the longer term the proposal would be associated with the Bunny Lane Landfill if tipping is permitted to recommence.

8.2 The principle of the proposal is supported by planning policy as it would be ancillary to landfill at Hunts Farm Quarry and Bunny Lane Landfill. However, as there is currently uncertainty about tipping at Bunny Lane Landfill (there is no Environment Agency authority to tip) if permission is granted the recycling facility should be restricted to the life of Hunts Farm Quarry unless and until tipping can recommence at Bunny Lane Landfill.

8.3 Objectors and the parish councils have raised the issue of need because of the nearby BKP and Yokesford Hill facilities. These two recycling and waste transfer facilities are permanent facilities within existing industrial/commercial areas. The proposal is a temporary facility to facilitate the restoration of a minerals site and therefore need, in the context of the objections raised, is not is not an issue for this application.

8.4 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. In coming to that conclusion he has looked at the amenity implications of the proposal in its entirety, including the maximum noise output when the application site and landfill sites are operating at the same time. The Environmental Health Officer comments that the operation of a concrete crusher should be considered as a temporary operation when applying national noise guidance.

8.5 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. He considers the existing visibility splays serving the site are adequate, taking into account the results of the speed survey submitted by the applicant.

8.6 Concerns have been raised because the application has not been accompanied by an Environmental Impact Assessment. 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 the landscape impacts of this proposal do not constitute a reason for refusal on landscape grounds.

8.7 To conclude, it is recommended that, subject to securing a financial contribution towards improvements and upkeep of Bunny Lane, permission should be granted subject to conditions. The conditions to include restricting the duration of the recycling facility to the life of Hunts Farm Quarry or a later period if tipping recommences at Bunny Lane Landfill.

Recommendation

That, subject to 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 and Bunny Lane Landfill located by the Bunny Landfill Site 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 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, unless tipping has been authorised to recommence at Bunny Lane Landfill in which case the period shall be extended to 10 September 2011, after which date the waste recycling facility shall be discontinued permanently and the site restored in accordance with Condition (13) below within a further period of 6 months.

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

Ancillary Activity

(3) The inert residue from the recycling facility shall only be tipped at Hunts Farm Quarry or Bunny Lane Landfill. However, no material shall be tipped on the Bunny Lane Landfill until such time as tipping at the Hunts Farm Quarry has been completed.

Reason: The use is not a departure from a Development Plan because it is ancillary to the permitted landfill at Hunts Farm Quarry. The site is not suitable for a permanent independent recycling facility which would in this countryside location be a departure from the Development Plan.

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 interest of local amenity.

Landscaping

(5) No recycling, sorting or processing operations shall commence until a scheme of advanced planting on the western and southern site boundaries has been submitted to the Waste Planning Authority for approval in writing, and implemented in the first planting season following approval.

Reason: In the interest of local amenity.

(6) No recycling, sorting or processing operations shall commence until details of bunds, including seeding, surrounding the site have been submitted to the Waste Planning Authority for approval in writing and implemented as approved.

Reason: In the interest of local amenity.

Rights of Way

(7) No recycling, sorting or processing operations shall commence until measures to protect the adjacent Public Right of Way and its users have been approved in writing by the Waste Planning Authority and implemented.

Reason: In the interest of the safety of users of the adjacent Public Right of Way.

Hours of Working

(8) 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 interest of local amenity.

Pollution Control

(9) 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.

(10) 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.

(11) No recycling, sorting or processing operations 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 as approved.

Reason: To prevent the pollution of ground water.

Dust

(12) Prior to the recycling, sorting and processing operations 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 interest of local amenity.

Restoration

(13) The restoration of the site shall involve the removal of all plant, stockpiles, hardstandings, bunds, fencing, offices and ancillary development, after which the site shall be restored to agriculture in accordance with Permission No.TVS4769/2 ( or as otherwise amended).

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

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.