Contact: Katie Snell, ext 5938 email: [email protected]

1. Summary

1.1 Planning permission is sought for a temporary compound on public open space off Swallowfields, opposite Dove Close, Andover. The compound is required in connection with work to upgrade sewers in the vicinity. There has been opposition from local residents on grounds that the site is unsuitable; traffic would be a danger to children; and disturbance through noise and dust, which together would adversely affect the area. However, in view of the very short temporary period requested and that undue disturbance is unlikely to arise, it is recommended that planning permission be granted, subject to conditions.

2. Site and Proposal

2.1 The site, as shown on the attached location plan, comprises an area of 0.08 hectares adjacent to a day care nursery on public open space off Swallowfields, opposite Dove Close, Andover. The temporary compound will be used to service sewer upgrading works in Cricketers Way, about 80 metres to the east, and is required for about three and a half months.

2.2 The proposal is part of a wider upgrading and refurbishment scheme to improve Andover's sewer capacity network. The majority of the refurbishment is permitted development but the proposal is ancillary to the works and therefore requires planning permission.

2.3 The applicant has provided information on alternative sites as background information. Either side of Cricketers Way at its junction with Smannell Road was considered, as was open land to the north of Smannell Road and land to the east of the Shepherds Spring Nursery. The sites were not considered suitable by the applicant for a variety of reasons, including constraints on the land and highway issues.

3. Development Plan

3.1 Hampshire County Structure Plan 1996-2011 (Review) (Adopted 27 March 2000) Policy MW2 (Suitable Development) and Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (Adopted 17 December 1998) Policy 6 (Necessary Development) and Policy 53 (Ancillary Development) apply.

4. Consultations

4.1 Test Valley Borough Council raises no objection.

4.2 Environmental Health Officer (Test Valley) raises no objection subject to date and time conditions.

4.3 The Environment Agency raises no objection.

4.4 Highways Adviser raises no objection, subject to mud and parking conditions.

4.5 The local Member, Councillor Hughes, has expressed strong concerns regarding the potential noise disturbance for the adjacent nursery; traffic issues such as congestion; safety risk with movements associated with the nursery; and existing restrictive parking. The suggestion of an alternative site has also been raised. In summary, he is minded to object.

5. Representations

5.1 A total of 87 letters of objection have been received from local residents on grounds of danger to children's safety due to increase in contractors traffic; only piece of greenspace in area; builders yard undesirable; dust and fumes; difficulties in selling houses; and other sites more suitable.

6. Chief Planning Adviser's Comments

6.1 The proposal is, in principle, in accordance with the Development Plan as it is ancillary to the improvements to the nearby sewer. It is noted that other sites were looked at and rejected by the applicant. However this proposal must be considered on its merits and other alternatives are not material to that consideration.

6.2 The main objections to this proposal relate to increases in noise, dust and traffic. The concerns regarding dust and traffic can be satisfactorily met by conditions. The concerns about noise have been noted and the operating times of the compound restricted in respect of local amenity. However, the proposal is over a limited time period and it is felt that this is an acceptable development for a temporary period in order to facilitate necessary public works.

Recommendation

That planning permission, in respect of a temporary contractors site compound required for the duration of the sewer upgrade works at Cricketers Way, Andover at public open space off Swallowfields opposite Dove Close, Andover (06/03145/CMAN), be granted for the following reason and subject to the following conditions.

Reason for Approval

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

Conditions

Time Limit

(1) The temporary compound hereby permitted shall be sited for a limited period only; expiring on 30 April 2007 or when the sewage development on Cricketers Road (Plan AB.44406.01035) is completed, whichever is the sooner. At the end of this period the compound shall be removed and the land reinstated to its former condition as soon as possible.

Reason: To minimise the impact on the amenities of the local area as the development is not considered suitable for permanent retention.

Hours of Working

(2) Unless otherwise agreed in writing by the Waste Planning Authority no vehicles shall enter or leave the site and no plant or machinery shall be operated except between the following hours: 0800-1800 Monday to Friday and 0800-1300 on Saturday. There shall be no working on Sunday or recognised public holidays.

Reason: In the interests of local amenity.

(3) There shall be no access to the development site by any traffic associated with the construction/demolition (ie no delivery vehicles, no contractors' cars, nor plant and machinery) in the morning between 0830 and 0915 hours; and in the afternoon between 1515 and 1600 hours.

Reason: In the interests of public safety, to avoid traffic conflict at the times of the day when most children are arriving at and departing from nursery school.

Highways

(4) Measures shall be taken to prevent mud and spoil from vehicles leaving the site and being deposited on the public highway. These measures shall be implemented before the development commences and thereafter maintained. No vehicle shall leave the site unless its wheels have been cleaned sufficiently to prevent mud being carried onto the public highway. In the event that any mud or spoil is deposited on the highway, it shall be cleaned off at the end of each working day.

Reason: In the interests of highway safety.

(5) No vehicles are to enter/exit the site except in forward gear.

Reason: In the interests of highway safety.

Dust

(6) Dust monitoring and suppression measures, such as wetting down by water bowser, shall be implemented and carried out for the duration of the development.

Reason: In the interests of local amenity.

Restoration

(7) The site shall be fully restored to its former condition, in accordance with details provided in Section 3.15 of the supporting statement for Application No. 06/03145/CMAN.

Reason: To ensure satisfactory restoration.

1182/KS

Annexe to Reason 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 53

The Waste Planning Authorities will permit plant, machinery, buildings and other development ancillary to waste disposal, processing and transfer facilities within the boundary of or adjacent to the facility, provided that:

(i) the development is required solely in connection with the operation, administration or servicing of the waste facility; and

(ii) any plant, machinery, building or other structure is to be designed, constructed and landscaped so as to minimise any adverse impact on the amenities of the area and, in any case, it would not be likely to give rise to any unacceptable environmental or traffic impact or other detrimental effect; and

(iii) the size, type and nature of the development are appropriate to the scale of the waste facility for which it is required; and

(iv) any plant, machinery, building or other structure would be removed as soon as the use of the waste facility has ceased and the site would be restored to a satisfactory condition suitable for an agreed beneficial after-use.