Contact: Neil Chester, ext 6496 email: [email protected]

1. Background

1.1 On 18 October 2006 the Regulatory Committee resolved to grant planning permission for a variation to the permitted waste management activities at Otterbourne Waste Transfer Station, Poles Lane, Otterbourne (Application No. 06/02464/HCS W 00965/12) subject to conditions and a legal agreement restricting lorry numbers. A copy of the Chief Planning Adviser's report from the 18 October meeting is appended.

1.2 The minutes of the 18 October meeting recorded that Members sought an amendment to Condition (11) to reflect the lorry movements to and from the site during the week following Easter and the week following the Christmas period. However, Members may recall that, following a detailed discussion about the changing pattern of waste collections, they had actually resolved to amend Condition (11) to reflect the lorry movements to and from the site during the two weeks following both Easter and Christmas. Accordingly, at 8 November 2006 Regulatory Committee meeting, the minutes of 18 October were approved, subject to this amendment.

1.3 The approved condition should therefore read as follows:

"The maximum average daily number of lorry movements to and from the site shall be restricted to 280 per day (140 in and 140 out), except during the two week periods following both Christmas and Easter. The maximum average daily number of lorry movements shall be calculated as an average over any two week working period (ie no more than 11 working days). A daily record of lorries entering and leaving the site shall be kept at the site and made available to the Waste Planning Authority within 7 days of a written request.

Reason: To limit the volumes of traffic in the interests of the amenity of residents on and near the approaches to the site."

1.4 However, the amended minute has, in error, been recorded to read "the two weeks following Easter and the week following Christmas". Accordingly, confirmation is sought prior to issuing a planning permission that the resolution of the Committee was to amend Condition (11) to reflect the lorry movements to and from the site during the two weeks following both Easter and Christmas. The planning permission has not yet been issued because the legal agreement has not been finalised. This is expected to be completed shortly and the planning permission will subsequently be issued.

Recommendation

To reflect the resolution of the Regulatory Committee on 18 October 2006 that Condition (11) be confirmed as follows:

"(11) The maximum average daily number of lorry movements to and from the site shall be restricted to 280 per day (140 in and 140 out), except during the two week periods following both Christmas and Easter. The maximum average daily number of lorry movements shall be calculated as an average over any two week working period (ie no more than 11 working days). A daily record of lorries entering and leaving the site shall be kept at the site and made available to the Waste Planning Authority within 7 days of a written request.

Reason: To limit the volumes of traffic in the interests of the amenity of residents on and near the approaches to the site."

1226/NC

APPENDIX

Contact: Neil Chester, ext 6496 email: [email protected]

1. Summary

1.1 Planning permission is sought for a variation to the permitted waste management activities at the Otterbourne Waste Transfer Station, Poles Lane, Otterbourne. There is concern about increases in vehicle movements through Otterbourne. The current proposal is considered acceptable in both highway safety and capacity terms. However, there is an impact on local amenity which will be exacerbated by further increases in vehicle movements. Therefore, it is recommended that the number of vehicle movements be capped by condition and agreement to prevent unsustainable increases in the future.

2. Site and Proposal

2.1 The application site, as shown on the attached plan, comprises an area of 1.44 hectares within the existing Otterbourne Waste Transfer Station (WTS), Poles Lane, Otterbourne. The site is surrounded by open fields and is well screened by mature trees to the north, south and west. The M3 motorway is located approximately 300 metres to the east of the site. The access is from Poles Lane along an existing haul road. The nearest house is approximately 300 metres from the site.

2.2 The site has a long history of waste use and the current hardstanding was originally created during the late 1960s when an incinerator was erected on the site (Application No. WIR.14178). In March 1996 permission was granted for demolition of the incinerator, development of a waste transfer station and a materials recycling facility (MRF) (Application No. W00965/05).

2.3 Over time the waste management operations on the site have evolved in response to changing legislative and policy objectives. Condition 13 of the current planning permission (Application No. W00965/05) states that no waste or recycled materials shall be stored outside of the buildings except for glass stored within specified bays. The proposal is to allow waste storage and transfer activities and the siting of storage containers and cabins on the existing hardstanding. In recent months the site has been used for the storage and transfer of hazardous municipal waste, including paint, televisions and computer monitors and a variety of segregated wastes, including glass, green waste and fridges. In addition, the hardstanding has been used for container storage and the siting of several storage cabins. Therefore, the proposal is retrospective.

3. Development Plan

3.1 The Hampshire County Structure Plan (Review) 1996 - 2011 (adopted 2000) Policy MW1 refers to the waste management hierarchy; Policy MW6 refers to waste management facilities.

3.2 The Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted 1998) Policies 6 and 7 refer to environmental impacts, including traffic impacts; Policy 46 refers to waste transfer facilities; Policy 53 refers to ancillary waste development.

3.3 Hampshire Minerals and Waste Development Framework Strategy (submitted to Secretary of State May 2006) Policy DC13 refers to waste management and recycling.

4. Consultations

4.1 Otterbourne Parish Council objects to the proposal because it will generate increased traffic and larger vehicles travelling through Otterbourne. The Parish Council is concerned by the retrospective nature of the proposal.

4.2 Compton and Shawford Parish Council has not commented on the proposal.

4.3 Winchester City Council raises no objections to the proposal.

4.4 The Environmental Health Officer (Winchester City Council) raises no objections to the proposal.

4.5 The Environment Agency raises no objections to the proposal.

4.6 The Highways Adviser raises no objections to the proposal provided that a condition is attached to any permission restricting the number of vehicle movements to 280 per day (on average). The Highways Adviser notes that the number of vehicles being generated by the current proposal is not very significant to the current traffic situation. It is understood that the highway capacity is sufficient and traffic is largely an amenity issue. It is necessary to restrict growth in the number of vehicle movements on the highway network in the interests of local amenity.

4.7 The local Member, Councillor Mrs Bailey, is concerned by the lorry movements generated by the site.

5. Representations

5.1 There have been 27 letters of objection to the proposal. The main reasons for objection are:

(i) the proposal will increase the already serious impact of Lorries on local highway safety and the amenity of local residents. The Lorries are very large and cause physical damage to the roundabout at the junction between Poles Lane and Main Road. Furthermore, the vibration caused by Lorries adversely affects local properties. The Lorries already generated by the site cause noise and pollution, which impacts upon local amenity and safety, particularly as the Lorries regularly exceed local speed limits. Ideally, a new access should be provided directly from the M3 motorway; and

(ii) the proposal is retrospective.

6. Chief Planning Adviser's Comments

6.1 The proposal is for storage and transfer of waste within the curtilage of the existing WTS and is required solely in connection with the existing use. Furthermore, there is a clearly established need to manage the additional waste. Therefore, in principle the proposal accords with policies 46 and 53 of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan.

6.2 The Parish Council and local residents are concerned that the proposal is retrospective. However, the retrospective nature of the proposal is not material to determining its acceptability. It does however, provide an opportunity to assess the actual impacts of the proposal.

6.3 The main impacts of the proposal relate to the number of lorry movements generated by the waste management activities at the site. There is strong local concern that the number of Lorries on Poles Lane has increased significantly since planning permission for the waste transfer station was granted in 1996. The original application estimated that the site would generate approximately 188 waste vehicle movements (94 loads) per day in 2000. There is currently an average of 268 daily vehicle movements. Therefore, the average number of vehicle movements has increased by an additional 40 loads (80 movements) since original estimates. Approximately 50% of these movements travel through Otterbourne.

6.4 The number of vehicle movements that are generated by the unauthorised uses and subject of the current application would not materially impact on the situation. Moreover, it is noted from the Highway Adviser's comments that the issue is one of amenity rather than highway capacity and safety. Accordingly the evidence for supporting a refusal of permission is very weak.

6.5 However, the concerns of residents are an important issue. Accordingly negotiations have taken place with the applicant to arrive at a solution.

6.6 It is understood that the site can physically accommodate a maximum of 462 vehicle movements per day. Moreover, the amount of municipal waste being collected from the site's catchment area is expected to rise. Therefore, it is likely that the number of vehicle movements will increase over time if the site remains unrestricted. However, this level of traffic is considered unacceptable. Accordingly, a maximum average - calculated on any two week period - of 280 Lorries is proposed to accommodate the fluctuating nature of household waste. This limit would not apply over the busy Christmas and Easter periods. It is recommended that this limit is subject to both a condition on the current application and legal agreement to ensure the limit is applied to the whole site.

6.7 Local residents also report that the maximum size of vehicles on Poles Lane and Main Road have increased in recent years. The WTS has always used vehicles which accord with the maximum weight limit for vehicles using the public highway. The maximum permitted gross vehicle weight has increased since 1996 from 38 tonnes to 44 tonnes. Therefore, the gross vehicle weight of Veolia's largest Lorries has increased in accordance with legislation - although the physical size of these vehicles has remained the same.

6.8 In conclusion, it is considered that current proposal is acceptable in its own right. However, local concern about increases in vehicle movements is noted and it is recommended that the number of vehicle movements be capped by condition and agreement to prevent unsustainable increases in the future. Therefore, it is recommended that planning permission be granted subject to conditions.

Recommendation

That variation to the permitted waste management activities (use of the yard and former paper store/material recovery facility for waste storage and transfer purposes, and the siting of storage containers/cabins) at Otterbourne Waste Transfer Station, Poles Lane, Otterbourne (Application No. 06/02464/HCS W00965/12) be permitted or the following reasons and subject to the following conditions and a legal agreement restricting lorry numbers.

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

(1) Access to the site shall be via the existing entrance onto Poles Lane only.

Reason: In the interests of local amenity.

(2) There shall be no discharge of foul or contaminated drainage from the site into either ground waters or surface waters, whether direct or via soakaways.

Reason: To prevent pollution of the water environment.

(3) All areas where waste is stored, processed, handled or transferred must be underlain by an impervious hardstanding with dedicated drainage to a foul sewer or sealed tanks for disposal at a suitably licenced facility.

Reason: To prevent pollution of the water environment.

(4) 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 greatest. 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.

(5) No materials shall be burnt on site.

Reason: To protect local amenity and in the interests of public health.

(6) No vehicles shall enter or leave the site except between the hours of 0630 and 2200 Monday to Friday and between 0630 and 2000 on Saturday. No Lorries shall enter or leave the site on Sunday or Bank Holidays (except Sundays preceding or following each Bank Holiday as required by the Collection Authority), unless otherwise agreed in writing with the Waste Planning Authority.

Reason: In the interests of local amenity.

(7) All lighting on site shall comply with drawing number OTT/E3 submitted to the Waste Planning Authority on 22 November 1996 and approved under Condition 12 of planning permission W00965/05.

Reason: In the interests of local amenity.

(8) No waste or recycled materials shall be stored outside of the buildings except the materials and within the locations shown on drawing number OTT/SL/0364/D.

Reason: In the interests of local amenity.

(9) Odour shall be managed in accordance with the scheme submitted to the Waste Planning Authority by letter dated 14 November 1996. The scheme shall be implemented as approved.

Reason: In the interests of local amenity.

(10) No operations or works shall be carried out on the site between 2400 and 0600 unless, following the completion of a noise survey, the Waste Planning Authority agree in writing.

Reason: in the interests of local amenity.

(11) The maximum average daily number of lorry movements to and from the site shall be restricted to 280 per day (140 in and 140 out), except during the week following Christmas and Easter. The maximum average daily number of lorry movements shall be calculated as an average over any two week working period (ie no more than 11 working days). A daily record of lorries entering and leaving the site shall be kept at the site and made available to the Waste Planning Authority within 7 days of a written request.

Reason: To limit the volumes of traffic in the interests of the amenity of residents on and near the approaches to the site.

1051/NC

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 MW6

Planning authorities will seek a reduction in the quantity of waste requiring treatment or disposal, including a significant reduction in the quantity of non-inert waste disposed by landfilling.

The waste planning authorities will seek, through policies and proposals in the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan and day- to-day development control, the provision of sufficient facilities to meet the need for the management of all unavoidable waste (excluding special waste) arising in Hampshire.

Having regard to Policy MW1(v), permission will be granted for:

(i) facilities for the re-use and recycling of waste, including the production of secondary and recycled aggregate materials;

(ii) facilities for composting, anaerobic digestion, incineration with energy recovery and other methods of resource recovery waste processing sufficient only to cater for unavoidable non-inert waste which is not re-used or recycled;

(iii) landfill capacity sufficient only for the disposal of unavoidable waste which is no re-used, recycled or processed; and

(iv) waste transfer stations to serve areas of local waste processing and disposal facility shortages;

provided that the development would not have unacceptable environmental, traffic or other impact.

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.

Hampshire Minerals and Waste Development Framework 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.