Archived decisions

Hampshire County Council

Regulatory Committee

29 November 2006

Applicant: Mr B Faulds

To develop a Waste Recycling Facility for Farm, Construction and Demolition Wastes, Including Soil Screening, Concrete Crushing, Material and Container Storage at land off the A303, near Longparish, Andover (Application No. 06/02870/CMAN) (County Council Ref. TV231)

Report of the Chief Planning Adviser to the Regulatory Committee

Item 12

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

1. Summary

1.1 Planning permission is sought for the development of a Waste Recycling Facility for farm, construction and demolition wastes, including soil screening, concrete crushing, material and container storage at land off the A303, near Longparish, Andover.

1.2 The application is a departure from the development plan.

1.3 The recommendation is to grant temporary permission for a period of five years, subject to conditions and a lorry routing agreement to route lorries accessing the site via the A303.

2. Site and Planning History

2.1 The application site, as shown on the attached location plan, comprises some 1.43 hectares of land adjacent to the Longparish-Barton Stacey road near the slip road to the A303 at Longparish. Access is provided by a private road owned by the applicant. The applicant has identified the land in the planning application as Brownfield/former Ministry of Defence (MoD) land.

2.2 The application site is covered in hardcore resulting from its ongoing ancillary use for the construction of earth screening bunds that separate the site from a private clay pigeon shooting club to the north. It is currently being used as a skip store ancillary to the work on the bunds for the clay pigeon shooting club so no breach of planning permission is taking place on the site. Work on the bunds is slow but ongoing and there is no end date on the planning permission for the works.

2.3 Prior to the planning permissions for the range and bunds the application site formed part of a larger agricultural unit.

2.4 The land to the south of the application site and access road is understood to be owned and occupied by the MoD and used for training. To the south-east is an MoD hard standing area which is also used for go-kart racing for less than 28 days per year. A gas depot is also situated to the south-east.

2.5 The access road is owned by the applicant and serves the shooting club, the MoD area and the gas depot.

3. The Proposal

3.1 Planning permission is sought to develop a waste recycling facility for farm, construction and demolition wastes, including soil screening, concrete crushing, material and container storage at land off the A303, near Longparish, Andover.

3.2 It is proposed to establish a facility acting as a central transfer and recycling area for agricultural wastes, particularly for farmers in the Andover area, as well as inert construction and demolition wastes, timber, metals and plastics produced locally. The proposal involves the receipt, stockpiling and subsequent processing of inert wastes to produce materials that are then marketable products.

3.3 The applicant states that recent legislation prevents farmers from disposing of wastes on their own landholdings and therefore the proposal would serve not only the general market but also the local farming community.

3.4 Soils would be screened, concrete would be crushed by a crusher brought in as and when necessary; and timber would be segregated, stored and chipped. The site would also accept empty drums and other metals, mainly from the farming industry. Plastics would be segregated. Batteries and tyres would be placed into sealed containers to avoid any potential pollution.

3.5 It is anticipated that the development would generate approximately 140 lorry movements a day: 50 loads (100 movements) delivering waste (assuming a variety of vehicles averaging three tonnes per vehicle); and 20 loads (40 movements) removing recyclable materials and residue (assuming 10 tonne lorry loads on average).

4. Development Plan

4.1 Hampshire County Structure Plan (Review) 2000, Policies MW1 and MW2, Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted) 1998 (HPSMWLP) Policies, 6, 7 and 46 and Hampshire Minerals and Waste Planning Strategy Policy DC13 apply.

5. Consultations

5.1 The local Member, Councillor Woodhall, has been informed of the proposal.

5.2 Test Valley Borough Council objects to the proposal for the following reason:

      "The proposed development represents inappropriate development in the countryside as it has not been proven that a countryside location is essential for the proposed facility. The proposal is therefore contrary to policies C1 and C2 of the Hampshire County Structure Plan and policy SET 03 of the adopted Test Valley Borough Local Plan".

5.3 The Environmental Health Officer (Test Valley Borough Council) raises no objection to the proposal.

5.4 The Highway Adviser raises no objection to the proposal.

5.5 Longparish Parish Council's views are awaited.

5.6 The Ministry of Defence has no safeguarding objections to the proposal.

5.7 The Environment Agency raises no objection to the proposal.

6. Representations

6.1 One objection to the development has been received from a local farmer on the threat of pollution to groundwater as the objector states that the Dever Winterbourne flows past the site and in the past it was liable to flooding.

7. Chief Planning Adviser's Comments

7.1 This application is a departure from the development plan because it would be an industrial use in countryside and, moreover, does not comply with the land use criteria set out in Policy 46 of the HPSMWLP for this type of waste development. However, there are other considerations which need to be taken into account.

7.2 The permissions for the clay pigeon shooting club and associated bunds to the west, north and east have left the application site severed from its original and any other agricultural unit, which raises issues of its future usefulness as farming land. Moreover, it appears too remote for horse-grazing, even if the hoggin were removed and the land restored to grassland. Any future countryside use would appear to be practically restricted.

7.3 With regard to the environmental factors set out in Policy 46, the site has considerable merits. It is isolated and not visually intrusive. It also has very good access to the trunk road network and, subject to a routing agreement to prevent extraneous traffic using the minor road, the proposal is acceptable in highway and traffic terms.

7.4 The concern on pollution raised by the objector is noted, but the Environment Agency has not objected and, moreover, the matter can be addressed by planning conditions and/or environmental permit, as appropriate.

7.5 With regards to need, it is accepted that there is a need for this type of facility, particularly with regard to servicing farms - a new requirement - and the shortage of construction waste facilities, as acknowledged in the Hampshire Minerals and Waste Planning Strategy.

7.6 It is noted that the Borough Council has objected to the proposal on grounds that it is contrary to policy because it has not been proven that a countryside location is essential for the proposed facility.

7.7 In summary, notwithstanding the departure from policy, the application has considerable environmental benefits and, subject to the comments of outstanding statutory consultees, it is recommended that a temporary five year permission be granted. A temporary permission would enable the site to be monitored and any impacts it may cause evaluated and assessed.

Recommendation

That, subject to completion of development plan `departure' procedures, as required, and completion of a lorry routing agreement, planning permission to develop a waste recycling facility for farm, construction and demolition wastes, including soil screening, concrete crushing, material and container storage at land off A303, near Longparish, Andover (Application No. 06/02870/CMAN) be granted for a temporary five year period, subject to conditions.

      Reason for Approval

      It is considered that although the proposal would not be in accordance with the development plan (summary attached) but would not materially harm the character of the area or the amenity of local residents and would be acceptable in terms of highway safety and convenience.

      Conditions

      Commencement

        (1) The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

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

      (2) The development hereby permitted shall be for a temporay period exping within five years of the date of its commencement, by which time all plant shall be removed from the site, all hardstandings broken up and all stockpiles removed and the land restored in accordance with a scheme to be agreed by the Waste Planning Authority under Condition (18) below -unless a further planning permission has been granted by the Waste Planning Authority before the permitted end date to allow a continuation of the use subject of this permission.

        Reason: The permission is for temporary use and the land should be returned to a beneficial use which given its location can only be forestry.

      Hours of Working

        (3) Unless otherwise agreed in writing by the Waste Planning Authority, no heavy goods vehicles shall enter or leave the site and no plant or machinery shall be operated except between the following hours: 0730-1800 Monday to Friday and 0730-1400 on Saturday. There shall be no working on Sunday or recognised public holidays.

        Reason: In the interests of local amenity.

      Landscape

        (4) Prior to the development commencing a detailed scheme of landscaping for the perimeter of the site shall be submitted to the Waste Planning Authority for approval in writing. The scheme shall specify the types, sizes and species of all trees and shrubs to be planted; details of all trees to be retained; and details of fencing/enclosure of the site, and provision for future maintenance. A scheme of planting for the southern boundary shall take place prior to the development commencing and planting if appropriate on any of the other boundaries shall take place within the first planting season following commencement

        of the development. Any trees or shrubs which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. The scheme shall be implemented as approved.

        Reason: In the interests of visual amenity.

      Protection of Water Environment

        (5) No solid matter shall be deposited so that it passes or is likely to pass into any watercourse.

        Reason: To prevent pollution of the water environment.

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

        Reason: To prevent pollution of the water environment.

        (7) Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The bund capacity shall give 110% of the total volume for single and hydraulically linked tanks. If there is multiple tankage, the bund capacity shall be 110% of the largest tank or 25% of the total capacity of all tanks, whichever is the greater. All filling points, vents, gauges and sight glasses and overflow pipes shall be located within the bund. There shall be no outlet connecting the bund to any drain, sewer or watercourse or discharging onto the ground. Associated pipework shall be located above ground where possible and protected from accidental damage.

        Reason: To prevent pollution of the water environment.

        (8) No sewage or trade effluent (including vehicle wash or vehicle steam cleaning effluent) shall be discharged to any surface water drainage system.

        Reason: To prevent pollution of the water environment.

        (9) Prior to the development commencing a drainage scemhe shall be submitted to the Waste Planning Authority demonstrating how the site will be set out and drained to avoid any pollution of groundwater and impact on the site's surroundings.

      Reason: Protection of local groundwater resources and the environment.

      Noise and Dust

        (10) All vehicles, plant and machinery operated within the site shall be maintained in accordance with the manufacturers' specification at all times, and shall be fitted with and use effective silencers.

            Reason: To minimise noise disturbance from operations at the site.

        (11) Prior to development commencing an Environmental Management Scheme for the control of noise and dust at the site shall be submitted to the Waste Planning Authority for approval in writing. The Scheme shall be implemented as approved for the duration of the site's operation.

        Reason: In the interests of local amenity.

      Lighting

        (12) Prior to the plant being commissioned a lighting scheme shall be submitted to the Waste Planning Authority in writing. The scheme shall include details of all outside lighting, including floodlighting, safety lighting and illumination from within the plant, and measures to prevent light pollution.

        Reason: In the interests of visual highway safety.

      Restriction of Permitted Development Rights

        (13) Notwithstanding the provisions of Parts 4, 8 and 25 Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that order):

        (i) fixed plant or machinery, buildings, structures and erections or private ways shall not be erected, extended, installed or replaced at the site without the prior agreement of the Waste Planning Authority in writing; and

        (ii) no telecommunications antenna shall be installed or erected without the prior agreement of the Waste Planning Authority in writing.

        Reason: To protect the amenities of the area as the site itself is restricted in size.

      Storage

        (14) Stockpiles of waste and recycled material shall not exceed four metres in height unless otherwise agreed beforehand in writing by the Waste Planning Authority.

        Reason: To control any adverse visual impact from the north and to help control windborn dust.

    Types of Material

        (15) Material imported to the site shall only be sourced from farm units and shall only include non-hazardous and non-putrescible wastes.

            Reason: In the interests of pollution control and the amenities of the area.

    Layout, Plant and Machinery

    (16) Prior to the development commencing detailed specifications of plant and machinbery to be used on the site shall be submitted to the Waste Planning Authority for approval in writing and thereafter implemented in accordance with this approval.

      Reason: To ensure the plant and machinery used at the site reflects the spirit, scale and level of the local farm recycling facility permitted and in the interests of local amenities.

        (17) Prior to the development commencing a detailed layout plan of the site showing the location and details of fencing, hard surfacing, container storage, storage bays, parking, gates, plant and equipment shall be submitted to the Waste Planning Authorty for approval in writing and thereafter implemented in accordance with this approval.

            Reason: To ensure the site is set out in a manner that enables the most efficient operation of the facility and minimising any adverse impacts to local amenities.

      Restoration

        (18) The site shall be restored to forestry in accordance with a scheme to include five years after-care to be submitted to the Waste Planning Authority in writing within two years of the date of this permission. The site shall be restored in accordance with this approval within six months of the permanent cessation of the use hereby permitted.

        Reason: The permission is for temporary use and the land should be returned to a beneficial use which given its location can only be forestry.

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

To Develop a Waste Recycling Facility for Farm, Construction and Demolition Wastes, Including Soil Screening, Concrete Crushing, Material and Container Storage at Land off A303, near Longparish, Andover (Application No. 06/02870/CMAN)

(County Council Ref. TV231)

1134/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 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 - Core Strategy

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.