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

1. Summary

1.1 Planning permission is sought for the use of agricultural barns at The Avenue, Lasham, near Alton for storage of waste paper and biomass. The recommendation is to refuse permission because of inadequate measures to address pollution and safety concerns.

2. Site

2.1 The site, as shown on the attached location plan, comprises 0.23 hectares of land accessed from The Avenue, Lasham. The Avenue joins the B3349 at the Golden Pot junction 1.5 kilometres to the east and the A339 approximately 3 kilometres to the west. The site comprises two agricultural barns which the applicant states are currently used for the storage of grain from the applicant's agricultural business. They have been used for grain storage since 1986. The applicant also states that the site has been accepting waste paper and biomass from Slough Heat and Power since 1994. The barns have a floor space of approximately 2,350 square metres and a ridge height of just over 10 metres above ground level. There is a concrete hardstanding at the front of the site off the public highway.

2.2 Up until last August the County Council had no interest in the site as it was treated as an agricultural use. However, during August 2005 there was a major fire in one of the barns, after which it was brought to the County Council's attention that the applicant was storing waste paper within the barn. Accordingly the owner was asked to submit an application to regularise the use.

2.3 Adjacent to the north-west is a workshop and yard used for mechanical repairs and plant and other storage. This site was the subject of an appeal following the refusal of planning permission for a waste recycling facility on grounds of noise, which was subsequently withdrawn. Further to the north-west beyond the industrial uses lies the residential property of Stable Lodge (approximately 150 metres from the site). To the north of the site lies Forestry Commission land. A public footpath runs nearby to the west. To the north-east and approximately 550 metres away lies the Powntley Copse residential housing. The site is immediately surrounded by other land in the applicant's control beyond which to the east lies agricultural land. The nearest residential property to the site is located on the southern side of The Avenue some 80 metres away. Other residential properties access The Avenue both to the east and west of the site.

2.4 The applicant states he owns an agricultural business based at New Farm, South Warnborough, Hook, Hampshire. He states the farm is located approximately 600 metres to the north-east of the application site and adds that this application is part of a diversification project for his business to enable the vehicles usually involved in grain transport to be have an alternative use.

2.5 It is understood there is no traffic restriction on the permission for use of the barns as a grain store.

2.6 The barn subject of the fire is currently being rebuilt.

3. The Proposal

3.1 Planning permission is sought for the use of agricultural barns for storage of waste paper and biomass.

3.2 The applicant states he has a contract with Slough Heat and Power, based at Slough Trading Estate, Slough, Berkshire. The contract is for the emergency storage of waste paper and biomass. When contacted he arranges for the haulage of waste paper and biomass from Slough Trading estate to the site, where it is unloaded and stored separately in the barns.

3.3 The applicant explains that Slough Heat and Power is part of Slough Estates plc property group, which provides customers on Slough Trading Estate with a source of renewable energy. It collects packaging and commercial waste from the users on the estate and provides renewable heat and power in return. Slough Heat and Power use briquettes made from non-recyclable paper and cardboard. It also uses sawmill residue as a fuel source which also prevents waste biomass disposal by landfill. The storage facility at The Avenue will provide emergency capacity for Slough Heat and Power and that in the absence of such storage the waste would go to landfill.

3.4 The applicant states that no treatment or sorting of waste takes place on the site. The materials are stored in the barns until Slough Heat and Power requires the material to process. The site would only act as a store for the waste paper and biomass when it is needed. The barns will continue to be used to store grain as and when required. There will be no external storage.

3.5 The security fencing around the site has been strengthened and a lockable gate across the site entrance will prevent any unauthorised access outside of operational hours.

3.6 Storage capacity within the barns would amount to 2,000 tonnes of waste or biomass. It is expected that total throughput at the site would not exceed 5,000 tonnes per annum.

3.7 It is proposed that access to the site would be from The Avenue and that vehicles travelling to and from Slough Heat and Power would generally be routed from the A339. The haulage vehicles are based at New Farm, South Warnborough and to access the site from here the vehicles would come from the east along The Avenue. The applicant states that this has been the grain haulage route for a number of years.

3.8 There would be no site staff on-site as it is not a full time proposal but a temporary operation.

3.9 The proposal would create up to 10 vehicle movements per week during the hours of 0700-1800 Monday to Friday and 0700-1400 on Saturday and Sunday.

3.10 There would be no plant or machinery permanently based at the site. A loading shovel from New Farm would be used to unload waste from the haulage vehicle into the barns.

4. Development Plan

4.1 Hampshire County Structure Plan (Review) 1996-2011 - Policies MW1 and MW2 (waste hierarchy and need for waste development balanced against environmental impacts) apply.

4.2 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (Adopted) 1998 (HPSMWLP) - Policies 6 and 7 (general policies), and 46 (waste development permitted subject to environmental criteria, including location on `brownfield land' and public safety) apply.

4.3 Hampshire Minerals and Waste Planning Strategy - Policy DC13 (locational criteria for waste management facilities) applies.

4.4 Also the definition of `previously developed land' as stated in the Planning Policy Guidance Note 3 `Housing (PPG3) is relevant

5. Consultations

5.1 The local Member, Councillor Kemp-Gee, wishes to make a deputation at Committee and raises the following concerns:

(i) He is unhappy about the unauthorised use of these agricultural barns over at least the last two years.

(ii) There have been many complaints about litter at the site.

(iii) It is a fire risk and there has been a severe fire at the site.

(iv) The site is at an accident black spot (refer to Residents' Association Traffic Report) and he is extremely concerned about any further lorry traffic on The Avenue and the surrounding roads.

(v) It may well lead to loss of amenity for local residents.

5.2 The adjacent local Member, Councillor McNair-Scott, raises concerns about the application largely because of the history of the site - the fire last year caused by the storage without planning permission of non-agricultural material.

5.3 Shalden Parish Council raises no objection to the application but it does so with the following reservations - it states that in view of the past history of the building and its contents, major concerns raised by Shalden Parish Councillors centre upon fire risks, possible toxicity of burning contents, alarm systems and on-site extinguishing systems. It was considered essential that assurances on all these points be clearly obtained before any grant of planning change of use be given.

5.4 The adjacent parishes of Lasham and Weston Patrick have been informed of the proposal.

5.5 The Environmental Health Officer (East Hampshire District Council) objects to the application on the grounds that inadequate information has been submitted and that the operator does not have a management structure in place, which is both documentary and physical. The Environmental Health Officer states that the applicant has not submitted enough evidence regarding:

(i) Health and Safety - the proposals to comply with the Health and Safety at Work Act 1974, including arrangements for ensuring, so far as reasonably practicable, safety and absence of risks to health in connection with the use, handling, storage and transport of articles or substances; that the undertaking will be managed in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not exposed to risks to their health or safety; and ensuring, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.

(ii) Fire - Evidence of the fire management system has not been seen although the agent has indicated this has been installed.

(iii) Environmental - How the spread of waste material into the environment will be mitigate, bearing in mind most if not all of the loading will be done outside of the warehouses.

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

5.7 The Environment Agency raises no objection to the principle of the proposal but states that a waste management licence or registered exemption may be required.

5.8 Hampshire Fire and Rescue Service states that in the event of a fire it would liaise with the appropriate agencies to reduce the impact on the population and environment

5.9 The Fire and Rescue Service also advises that to prevent arson the walls of the barn should be maintained in good order to prevent illegal access.

5.10 The Highways Adviser states that as the barns are currently in agricultural use and have a capacity of 2,000 tonnes the proposed vehicular movements to the site will not have a significant impact and therefore raises no highway objection to the proposal. The Highways Adviser adds that a personal injury accident check has been carried out showing that no accidents relating to the site have occurred within the past three years.

5.11 Adjacent District Council Basingstoke and Deane Borough Council raises no objections to the proposal.

6. Representations

6.1 At the time of writing twenty letters of representation have been received from local residents, eight of which raise objection to the proposal, and one gives support. Objections are raised on the following grounds:

(i) retrospective application with no enforcement taken despite breaches against East Hampshire District Council agricultural permission;

(ii) risk of Fire and Health and Safety consequences of this; barns not suitable for storage of highly flammable materials that could spontaneously combust;

(iii) road network not suitable for large articulated lorries that use the site and added road safety hazards are the T junctions to the east and west of The Avenue;

(iv) the barn and adjacent land currently classed as a greenfield site - strongly object if permission granted and designation would change to brownfield;

(v) waste has only been stored on-site since 2004 not 1994;

(vi) no evidence found that the fire was caused by arson as stated by the applicant;

(vii) environmental impact of litter from barn doors being open and from lorries;

(viii) odour pollution from some types of waste such as green waste and tobacco; and

(ix) noise pollution - trucks moving from site day and night.

7. Chief Planning Adviser's Comments

7.1 The main issues raised by this proposal are:

(i) compliance with development plan;

(ii) environmental and amenity impact by way of traffic, noise of vehicles, odour, litter;

(iii) risk of fire and potential health hazard; and

(iv) highway safety.

7.2 The development proposed falls under Policy 46 of the HPSMWLP in that the proposal involves the use of buildings for the storage of waste. Under Policy 46 the proposed site needs to satisfy a number of criteria outlined in the appendix to this report. Key to the development proposed are those parts of the policy that require any proposed waste development in the nature of what is applied for on a site permanently disturbed by development. Also, as required by Policy 46, the proposed site needs to be located to ensure it includes adequate measures to ensure that there would be no significant risk of pollution or danger to public health or safety.

7.3 It is noted that the Highways Adviser raises no objections to the proposal and the site is located less than 2.5 kilometres from the Hampshire lorry route network.

7.4 As regards the land use it is not clear that the site falls within the definition of `previously developed land' as stated in PPG3 as the barns may not be redundant for agricultural purposes. If the land does not fall within the definition the application does not comply with Policy 46 in principle.

7.5 The most sensitive issue raised by the proposal is the fear of a health risk to the local community should the barn catch fire again as it did last year. Policy 46 requires that such a waste use be located to ensure that there would be no risk of pollution or danger to public health and safety. The question is, would such a use in this location pose such a health risk by the nature of the material it stores and/or the way it is stored and managed on site were it to catch fire and/or by way of its location close to residential properties? It is considered that not enough or satisfactory information has been submitted to offer the necessary assurances that the proposal complies with this part of Policy 46.

7.6 On the issue of risk to public health it is noted that the Environmental Health Officer is raising objections to the application. The comments of the Hampshire Fire and Rescue service are noted with relation to the fire that took place last year and the potential for a future fire to pose such a pollution or health risk.

7.7 Since the application was submitted the applicant has submitted additional information at the request of the Environmental Health Officer and the Chief Planning Adviser. The applicant states that a fire safety system has already been installed in the barn following liaison with Hampshire Fire Brigade. The applicant states he inspects the waste paper on a daily basis and measures the temperature using a probe. The average temperature is 40 to 45^o centigrade. The temperatures are reported on a monthly basis to Slough Heat and Power. On the advice of the Fire Brigade the paper will be removed from the barn if the temperature exceeds 60^o centigrade. The temperature has never exceeded 60^o centigrade since monitoring has begun. In addition to the fire safety system other security measures have been installed, including perimeter fencing and lockable roller shutter doors, to prevent arson attacks. The applicant adds that as mentioned in the supporting statement there are no full time employees involved in this operation. The applicant also states that if planning permission is granted he will have to apply to the Environment Agency for a Waste Management Licence, and as part of this licence application he will have to provide details on the material to be stored. Notwithstanding these submissions there has been insufficient time to confirm if these arrangements are adequate.

7.8 In summary it is considered that there is no objection in principle to the use of the barns for warehouse/storage purposes. The issue here is one of an inadequate submission with regards the health and safety aspects of the proposal. Whilst conditions can be imposed to control the type of material to be stored at the site, and lorry routing agreements can be entered into to secure if appropriate the shortest route to reach the lorry route network, it is the Environmental Health Officer who advises on the risk, if any, to public health and, the Environmental health officer objects to the proposal.

7.9 To conclude the application contains insufficient information to properly assess it complies with planning policy. Accordingly it is recommended that be refused planning permission

Recommendation

That permission for use of agricultural barns for storage of waste paper and biomass at The Avenue, Lasham, near Alton (Application No. F37181/008/CMA) be refused for the following reason:

Reason for Refusal

The development is contrary to Policy 46 (iii)(b) and (vi) of the Hampshire Portsmouth and Southampton Minerals and Waste Local Plan in that it has not been demonstrated that the proposed site is located on previously developed land, a `brownfield site', and the proposal includes adequate measures to ensure that there would be no significant risk of pollution or danger to public health or safety.

1133/JD

Annexe to Reasons for Refusal

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

(General Procedure) Order 1995 - as amended)

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Hampshire County Structure Plan (Review) 1996-2011

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. re-use 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 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 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.

Hampshire Minerals and Waste Development Framework (May 2006)

Policy DC13 - Waste Management and Recycling

Waste management developments (excluding landfill) will be permitted provided that the site:

a. Is identified as a site, or within an area suitable for waste management uses, in the Hampshire Waste Management Plan, or

b. Re-uses/redevelops previously developed land and/or redundant agricultural and forestry buildings (including their curtilages), or

c. Is within a planned area of large-scale development, or

d. Is on employment land, preferably co-located with complementary activities, and

e. Has good access to, the minerals and waste lorry route as shown on the Key Diagram, and where possible, the site enables the use of waterborne and rail freight, and

f. In the case of recovery and treatment sites, incoming waste shall be subject to pre-treatment, either on or off site to maximise the potential for recycling, and where technically possible, energy will be generated and used and the by-products, including heat, will be reused or recycled, and

g. In the case of sites providing public access, the site shall be accessible for use by disabled people.

Planning Policy Guidance Note 3: Housing

Annex C Definitions

Previously-developed land

There are various definitions of previously-developed land in use. For the purposes of this guidance, such land is defined as follows:

Previously-developed land is that which is or was occupied by a permanent structure (excluding agricultural or forestry buildings), and associated fixed surface infrastructure¹. The definition covers the curtilage of the development². Previously-developed land may occur in both built-up and rural settings. The definition includes defence buildings and land used for mineral extraction and waste disposal³ where provision for restoration has not been made through development control procedures⁴.

The definition excludes land and buildings that are currently in use for agricultural or forestry purposes, and land in built-up areas which has not been developed previously (e.g. parks, recreation grounds, and allotments - even though these areas may contain certain urban features such as paths, pavilions and other buildings). Also excluded is land that was previously developed but where the remains of any structure or activity have blended into the landscape in the process of time (to the extent that it can reasonably be considered as part of the natural surroundings), and where there is a clear reason that could outweigh the re-use of the site - such as its contribution to nature conservation - or it has subsequently been put to an amenity use and cannot be regarded as requiring redevelopment⁵.

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¹ In other words, the urban land uses as defined by the DETR's Land-Use Change Statistics (excluding `urban land not previously developed'). See Annex B of Land Use Change in England No 14.

² The curtilage is defined as the area of land attached to a building. All of the land within the curtilage of the site (as defined above) will also be defined as previously-developed.

However, this does not mean that the whole area of the curtilage should therefore be redeveloped. For example, where the footprint of a building only occupies a proportion of a site of which the remainder is open land (such as at an airfield or a hospital) the whole site should not normally be developed to the boundary of the curtilage. The local planning authority should make a judgement about site layout in this context, bearing in mind other planning considerations, such as policies for the protection of open space and playing fields or development in the countryside, how the site relates to the surrounding area, and requirements for on-site open space, buffer strips, landscaped areas, etc.

³ These land uses are in addition to the Land-Use Change Statistics `urban' groups.

⁴ This relates to minerals and waste sites which are to remain unrestored after use because the planning permission allowing them did not include a restoration condition. All other such sites will be restored to `greenfield' status, by virtue of the planning condition.

⁵ The definition does not supersede or in any way change the policy in respect of the redevelopment of major developed sites in the Green Belt set out in Annex C to Planning Policy Guidance note 2: Green Belts.