Archived decisions
Hampshire County Council Regulatory Committee 14 March 2007 Applicant: Penard Limited Development and operation of a secondary aggregate recycling facility at land at Warren Heath, Bramshill (Application No: 06/02863/CMA Site Ref: HR042) Report of the Chief Planning Adviser to the Regulatory Committee |
Item 8 |
Contact: Julia Davey, ext 6732 email: [email protected]
1. Summary
1.1 Planning permission is sought to operate a permanent inert waste and secondary aggregate recycling facility at land at Warren Heath, Bramshill, located on land subject of a mineral extraction permission at Bramshill Quarry (Application No. 00/00679/CMA) granted in 2002. The proposal is a departure from the development plan. The recommendation is to grant permission for a temporary period tying in with the operations approved under the mineral extraction permission so that it can help satisfy the need for such facilities in this area without prejudicing the restoration of the site to forestry. The mineral extraction permission is due to be completed by 31 December 2013. A temporary permission on this land during the life of the mineral extraction permission would not be a departure from policy.
2. Recommendation
That permission for the application for an inert waste and secondary aggregate recycling facility at land at Warren Heath, Eversley (Application No: 06/02863/CMA be granted subject to conditions (attached in Appendix 1) and the following reason.
Reason for Approval
It is considered that the proposal would be in accordance with the development plan (in Appendix 2) 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.
3. Site
3.1 The site, as shown on the attached plan, extends across 11.81 hectares of land at Warren Heath, Bramshill, near Yateley. It lies adjacent to the Thames Basin Heaths Special Protection Area (SPA) and approximately 400 metres from the Castle Bottom to Yateley Heath Site of Special Scientific Interest (SSSI).
3.2 The site, which is in a gravel pit, is lower than the surrounding land. To the east it is separated from the A327 by a narrow belt of coniferous trees planted at original ground level; the land falls steeply from this tree belt towards the site. The Welsh Drive, a bridleway and public right of way, borders the site to the north and currently is used as the main haul route and access to the existing Bramshill Quarry, located to the west of the site. The existing quarry has permission to operate until 2013. To the south of the site is a path known as Sir Richard's Ride. The southern half of the site has been naturally colonised over the past few years. The whole of the site has consent to be infilled and restored to forestry as part of the existing Bramshill Quarry mineral permission. The nearest residential properties to the site are a small complex of mobile homes/caravans located adjacent to the existing quarry weighbridge office and opposite the proposed entrance on the Welsh Drive near its junction with the A327. It is understood that staff associated with the mineral working live here. Adjacent to the south-east corner of the site is a residential property known as Hawkers Lodge. To the north is a property known as Harewood House.
4. Proposal
4.1 Planning permission is sought for the production of secondary aggregates and soils from suitable waste materials. Inert waste materials from construction and demolition projects will be transported to the site and stockpiled prior to processing. These materials would be screened to produce soil and aggregate. Concrete would be crushed and screened to produce secondary aggregate which would be stockpiled for sale to be reused in the construction industry. The applicant states a high percentage of lorries delivering waste would backhaul secondary aggregates or soil, thereby minimising traffic movements.
4.2 The site would use the existing Bramshill Quarry access on the Welsh Drive near its junction with the A327. The `site lines' for the access would be improved by the felling of approximately 16 trees and enable a clear line of sight for approximately 100 metres in each direction. Two entrances would be created on the northern site boundary to allow the site to operate dedicated entrance and exit routes. Ramps would be constructed from site derived and imported materials. The slope of the ramps would be 1 in 7.
4.3 A close-boarded fence would be constructed along the eastern boundary at existing ground levels adjacent to the existing conifer screen.. Appropriate shrubs would be planted along the fence to reduce its visual impact when viewed from the public highway. The existing tree belt at the south and east of the site would be strengthened with new planting.
4.4 The applicant states it is proposed to apply for a Waste Management Licence to allow a production of up to 50,000 tonnes per annum, i.e. about 200 tones per day. It is anticipated there would be approximately 34 heavy goods vehicle (HGV) movements per day. The development would include parking facilities and a portable site office,
4.5 It is proposed that the site would operate between 0700 hours and 1800 hours Monday to Saturday.
4.6 An ecologist was commissioned by the applicant to deal with the concerns raised by Natural England. An ecological statement has been submitted with the application. The applicant proposes either to enter into a Section 106 Agreement or to have a planning condition to manage an extensive area of land owned by the applicant 600 metres to the north-west of the application area for ecological enhancement. A management plan is proposed to encourage the land to regenerate naturally, thereby encouraging heathland.
5. Development Plan
5.1 Hampshire County Structure Plan (HCSP) Policy MW1 (Hierarchy of waste management options).
5.2 Hampshire Minerals and Waste Local Plan (HMWLP) Policies 6 and 7 (general mineral and waste policies) and Policy 46 (Waste recycling facilities).
6. Consultations
6.1 The local Member, Councillor Simpson, supports Eversley Parish Council in its objections to the proposal on the same grounds listed by the Parish Council below.
6.2 Eversley Parish Council raises very strong objections to the proposal on the following grounds:
(i) A permanent facility on this land would be contrary to the development plan.
(ii) The application site is excessively large for the proposed operations leading the Parish Council to believe that the intention is to develop a far larger operation than has been submitted.
(iii) There is an inference in the application that it is for a temporary period possibly linked to the adjoining processing plant permission (31 December 2013) but the permission requested is a permanent one.
(iv) The estimated extra traffic will exacerbate the current significant traffic problems at the A30/A327 Hartfordbridge Flats crossroads, the A327/B3016 Coopers Hill/Fleet Road junction and elsewhere in the parish.
(v) The application contains no valid traffic generation figures nor analyses the proposed sources of materials/markets. The applicant has revised his proposal by adopting an estimated 50% backhauling rate rather than 100% but this still allows an underestimate of potential HGV traffic of 25%.
(vi) Proximity to materials/market not known so assumed site contrary to Policy 46 and not optimally placed to reduce trip lengths.
(vii) The materials to be imported and exported from Eversley with no gain to the Parish.
(viii) The site is surrounded by the SPA, the operation would impact on the birds and delay restoration to the site. The offer to restore land north of the Welsh Drive to heathland is welcomed but not dependent on or logical consequence of development of the site.
(ix) Potential light pollution caused by lighting the development.
(x) The ecological report states the site is designated as a Site of Importance for Nature Conservation (SINC) and applicant has failed to provide evidence that overriding need to warrant departure from Policy 9 of the HMWLP.
(xi) The nearest property is just yards form the application site not the 500 metres as stated in the application.
(xii) The site is in Eversley and should not be referred to as Warren Heath, Bramshill, near Yateley.
6.3 Hart District Council raises objections to the application for the following (summarised) reasons:
(i) Lack of information about levels, landscaping and trees to be felled means it cannot be ascertained that the development would not have a materially harmful impact on the character and appearance of the area. If such harm were to occur the development would be contrary to policies GEN1, GEN3, RUR2 and RUR3 of the Hart District Local Plan (Replacement) 1996-2006.
(ii) The Local Planning Authority has insufficient information to allow it to make an appropriate assessment under the Conservation (Natural Habitats, Etc) Regulations 1994. Therefore the proposal is contrary to Policy NRM4 of the Draft South East Plan Part 1: Core Regional Policies, July 2005; Policy E10 of the Hampshire County Structure Plan 1996-2011 (Review); and Policies CON and CON2 of the Hart District Local Plan (Replacement) 1996-2006.
(iii) In the absence of a detailed quantative noise assessment relating to the proposed aggregate processing, it cannot be considered with any certainty that the development would not cause a significant noise impact on residential properties and users of Rights of Way in the vicinity. If such a material loss of amenity were to occur the proposal would be contrary to Policies GEN1 and GEN6 of the Hart District Local Plan (Replacement) including first Alterations (1996-2006).
6.4 Environmental Health Officer has no comments to make on the application.
6.5 Environment Agency has no objection to the application in principle but adds that it is possible that the proposal could operate under an exemption and as such the Agency could not stipulate conditions through a licence so it requires conditions for a wheelwasher/spinner, integrally bunded fuel tanks and use of water bowsers to be attached to any permission that may be granted.
6.6 Natural England concludes that, on the basis of the information provided and subject to the County Council considering its own duties with regard to nature conservation, it has no objection to the development in terms of the interest of the SSSI subject to conditions. It notes there is a 200 metre distance between the proposed site of the concrete crusher and the SPA. The only previous research undertaken relating to nesting of birds near noise-related activities was that undertaken by the Environment Agency in 2002, which concludes that the nightjar will nest successfully in areas subject to a noise level of 45dB(A). In terms of the enhancement land proposed by the application Natural England states that the site would need to provide appropriate habitats for the Annex 1 birds in advance of any works. This would ensure that the area is able to support any birds currently using the site once works take place on their current territories.
6.7 Rights of Way has been consulted on the application and comments are awaited.
6.8 The Highways Adviser raises no objections to the proposal, subject to the proper securing of maximum site throughput and the provision of site visibility splays. The Highways Adviser considers that the operation of the site is likely to generate some 34 additional HGV movements throughout the day many of which will be in peak periods when the network is at its busiest. There is also likely to be the generation of additional traffic associated with staff and site visits. Based on the estimation of three staff on site, an allowance of eight additional movements has been estimated, meaning a total of about 40-42 movements per day.
6.9 The current site access from the Welsh Drive onto the A337 is substandard with poor levels of visibility both directions. Visibility splays of 4.5 x 215 metres are required because of the likely speed of traffic. The applicant has given additional details, including a plan detailing how this visibility would be achieved. It will be necessary for the visibility splays to be provided prior to commencement of site activities and kept free from obstruction in the future. These requirements should be secured by conditions.
6.10 The site is well-located in terms of the Hampshire Lorry Route Network, although to the south of the site the junction of the A30/A287 Hartfordbridge Flats does suffer from some peak hour congestion and also experiences operation of this junction. Two-way HGV movements in the peak periods are likely to be in the region of eight per hour which is unlikely to create a material impact at this location and is likely to be a somewhat undetectable increase due to daily network variations. Traffic will be distributed in both directions on the A287 and so the impact at the A30/A287 junction will be minimised. However, should the level of traffic generated by the site be substantially higher than stated, this may impact on the local network in a detrimental manner. It is suggested that the proposed throughput of the site is perhaps the best constraint on site traffic generation and it is suggested that a condition restricting site throughput to 50,000 tonnes should be attached to any permission that may be granted.
7. Representations
7.1 One letter of representation has been received to the application querying whether a bat survey has been undertaken because bats have been seen flying around the area; and querying how long the concrete crusher would be operated for, bearing in mind it would be in addition to current local workings.
8. Chief Planning Adviser's Comments
8.1 The application as submitted is contrary to development plan policy because it proposes a permanent recycling facility in the countryside. However, because the site is currently on land subject of the mineral permission at Bramshill Quarry, a temporary facility on this land would be in accordance with the location criteria of Policy 46. The main issues raised by the proposal besides policy, are the impact of the development on the Highway network and the adjacent SPA, the landscape character of the area and the amenity of local residents.
8.2 Objections from the local Members and Parish Council about traffic and the highway network are noted. However, since the applicant has submitted additional information as required by the Highways Authority on visibility splays, the Highway Authority raises no highway objection to the proposal subject to a Section 106 Agreement or Grampian condition to secure the required visibility splays before the development commences and subject to a condition limiting throughput of the site. Should permission be granted, it would be preferable from a monitoring point of view to have a condition limiting the number of traffic movements to the site as opposed to the site throughput, particularly as the Environment Agency considers the site would be likely to operate under an exemption.
8.3 With regard to the ecological impacts of the proposal it is noted that Natural England has raised no objection to the proposal. Natural England concludes it would not cause any significant impact to the interest of the SSSI, subject to conditions, including one to ensure that the area proposed for enhancement is prepared and secured in advance of any development commencing on the site, to ensure that it is ready to provide habitats for Annex 1 birds. In relation to the issue of bats raised by a local resident, if permission is granted a condition could be imposed requesting that prior to tree felling the trees are inspected for bats and if evidence of bat roosts is found then a licence has to be obtained from Defra and all related legislative procedures adhered to.
8.4 Objections raised by the District Council, local Member and Parish Council about noise and amenity impacts to local residents and the SPA are acknowledged. However, the Environmental Health Officer has no comment to make on the application and Natural England states that the noise levels proposed would be unlikely to have an impact on the birds/SPA. It is also noted that none of the residents/quarry staff in the caravans adjacent to the Welsh Drive on the existing quarry haul route, and opposite the proposed site have raised any representation to the proposal. However, should permission be granted, it is recommended that a noise condition ensuring that levels of noise from the operation do not exceed 45dBA at the boundary of the SPA and at Hawkers Lodge adjacent to the site boundary. Noise at the boundary of the residential properties is more difficult to regulate because these caravans/homes are on the existing haul route into the currently active Bramshill Quarry. It is considered that it would be difficult to impose a noise condition here that could be enforceable when noise would be originating from a variety of existing as well as proposed sources. It is also recommended that a dust suppression scheme be required by way of condition prior to the development commencing.
8.5 With regard to landscape impacts on the character of the area there is no objection to the proposal, including the proposal to remove the trees for the visibility splay, and that their removal will not have a major and detrimental effect on the wooded character of the road verges. It is considered that the screening provided by the existing trees behind those to be felled would substantially mitigates the visual impact of the site to the north of the proposed recycling site. Conditions covering detailed matters relating to planting and regrading to some of the existing slopes on the site, could be attached if permission is granted.
8.6 The size of the site, over 11 hectares, with relation to the scale of the proposed operation is of some concern. It is considered that if permission is granted a plan is submitted prior to the development commencing limiting the extent of the recycling facility to the northern part of the site, keeping a wider buffer between the SPA and to the residential property Hawkers Lodge to the south.
8.7 The Parish Council and local Member's objections about distance to markets and the proximity principle is noted with regards to Policy 46 of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (HPSMWLP). However the County Council's current Mineral and Waste Core Strategy, published as part of the emerging Framework plan process, reflects current Government guidance on this issue, where the `proximity principle' is largely directed to waste disposal activity.
9. Conclusion
9.1 Since the application was submitted additional information has been received clarifying issues relating to existing and proposed levels and operations within the site. It is recommended that, on balance, a temporary consent be granted to tie in with termination of extraction of the adjacent mineral working and a condition imposed requiring the site to be restored to forestry. Any permission granted would also be subject to two Grampian style conditions securing the nature conservation management and the use of additional land north of the Welsh Drive for nature conservation purposes to compensate against impacts to Annex 1 birds, and also to secure the visibility splays at the access.
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 |
Development and operation of a secondary aggregate recycling facility at land at Warren Heath, Bramshill (Application No: 06/02863/CMA Site Ref: HR042) |
Environment Department Room 130 |
1241/JD
APPENDIX 1
Conditions
Timescale
(1) Operation of the development hereby approved shall cease within six months of the completion of mineral extraction permitted under permission 00/00679/CMA or by 31 December 2013 whichever is the sooner and the land restored to forestry within a further period of six months in accordance with a scheme to be submitted under condition (23) during which time the plant, ancillary equipment and offices, hard standings and haul road, weighbridge, security fencing and other ancillary development shall be broken up and dismantled as appropriate and removed from site.
Reason: To secure the satisfactory restoration of the site.
Working Programme
(2) Prior to the commencement of the development a working scheme, and programme of operations shall be submitted to the Mineral Planning Authority for approval in writing and the development thereafter implemented in accordance with this approval..
Reason: To enable the Mineral Planning Authority to adequately control the development and to minimise its impact on the amenities of the local area, bi ensure no works take place when birds are nesting on the site, to minimise impact to the adjacent SPA and residents of the nearby properties on the Welsh Drive.
Hours of Working
(3) Unless otherwise agreed in writing by the Mineral 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 0730-1300 Saturday. There shall be no working on Sunday or recognised public holidays.
Reason: In the interests of local amenity.
Landscape
(4) Within 12 months of the date of this certificate and prior to the development commencing (including tree felling) a detailed scheme of landscaping for the site shall be submitted to the Mineral Planning Authority for approval in writing. The scheme shall include the construction of the haul road ramps into the site, their relationship to existing trees and hedgerow species and how the operations shall safeguard the users of the Welsh Drive. The scheme shall include protection of existing trees along the edge of the site during re-grading operations and bund construction, as well as a plan clearly showing which trees are to be felled. It shall also specify the types, size and species of all trees and shrubs to be advance planted on the north east boundary of the site. It shall also include signage to warn users of the footpaths and bridleway and details of fencing/enclosure of the site, phasing and timescales for carrying out the works, and provision for future maintenance. 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.
(5) The Mineral Planning Authority shall be given 14 days prior written notice of the intention of all tree felling on the site including that felling related to the implementation of the visibility splays. The location of the trees and the visibility splays shall be marked on-site before hand so they can be checked, and the location of the splays approved by the Waste Planning Authority prior to felling. Trees to be felled should be inspected for bats prior to felling. All species of bat in Britain and their roosts are afforded special protection under the Wildlife and Countryside Act 1981. If bats are found, Natural England must be contacted for advice prior to felling taking place.
Reason: In the interests of the local amenities, the nature conservation interests and the landscape character of the area.
Protection of Water Environment
(6) 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.
(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 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 pipe work 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.
Noise and Dust
(9) Noise at the nearest boundary of the SPA and Hawkers Lodge shall not exceed 45dB(A) one-hour free field
Reason: To prevent noise disturbance to the Annex 1 species within the SPA.
(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 commencing operations details of dust suppression measures shall be submitted to and approved by the Waste Planning Authority in writing. The approved measures shall be implemented for the duration of the development.
Reason: In the interests of local amenities.
Lighting
(12) Prior to development commencing a lighting scheme shall be submitted to the Waste Planning Authority for approval in writing. The scheme shall include details of all outside lighting, including floodlighting, safety lighting and illumination from within the site, around the plant and along the haul route, and measures to prevent light pollution, particularly during the winter months.
Reason: In the interests of visual highway safety, the character of the area and the amenities of the occupiers of nearby residents.
Highways
(13) Prior to the development commencing visibility splays shall be fully implemented in accordance with details to be submitted to the Mineral Planning Authority for approval in writing within three months of the date of this permission. The Mineral Planning Authority shall be given 14 days prior notice of the intention to fell trees relating to the visibility splays and the route and its alignment shall be approved on site by the Mineral Planning Authority and Highway Authority prior to any felling commencing.
Reason: In the interests of highway safety and the landscape character of the area.
(14) Facilities shall be provided at the site to ensure that wheel washing of dumper trucks takes place before any lorries enter the public highway.
Reason: To ensure that no mud is deposited on the public highway compromising highway safety.
(15) The numbers of vehicles using this site shall not exceed a total of 42 movements (21 in, 21 out) in any working day Monday to Friday and no more than 20 movements on Saturdays.
Reason: To control the number of traffic movements exiting onto the A327 to make sure they do not increase in the interests of highway safety.
Restriction of Permitted Development Rights
(16) 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 Mineral Planning Authority in writing;
(ii) no telecommunications antenna shall be installed or erected without
the prior agreement of the Mineral Planning Authority in writing.
Reason: To protect the amenities of the area.
Layout
(17) Prior to the development commencing a plan shall be submitted restricting the use of the site for the purposes of this development to the northern part of the site which is lower in level than the southern part of the site. The plan shall clearly indicate the land to which this restriction applies.
Reason: In the interests of local amenities, users of the adjacent right of way and the SPA.
Rights of Way
(18) Prior to the development commencing, signs shall be erected warning lorry drivers of the presence of public rights of way on the Welsh Drive, and alerting horse riders and users of the Welsh Drive of the haulage traffic and access point to the development.
Reason: To safeguard public rights of way.
(19) Prior to the development commencing the land near to the application site, identified by this permission as being set aside for mitigation/compensation land for Annex 1 birds, shall be prepared to the satisfaction of the Mineral Planning Authority so that the habitat is create before any development takes place.
Reason: To create a habitat that can be used by Annex 1 birds prior to the development commencing in lieu of such land lost to the development.
Nature Conservation
(20) Any felling of plantation and re-grading of the land approved by way of this permission shall only be undertaken in the period between September and the beginning of February outside of the bird nesting season
Reason: To prevent any destruction of Annex 1 bird territories which may still be in use.
(21) Throughout the life of the development measuring and monitoring the run-off from the site shall take place to ensure the site will be maintained at the natural occurring PH and the results of this monitoring shall be submitted to the Waste Planning Authority every six months or as requested in advance by the Waste Planning Authority.
Reason: To ensure that there is no alkaline influence on the water entering the surrounding wet heaths.
(22) All topsoil and overburden stripped from the areas to be re-graded shall be removed and stored separately before operations commence for use in site restoration. Topsoil shall only be handled when dry and friable.
Reason: To ensure the land is restored to an acceptable standard for forestry.
Restoration
(23) The site shall be restored to forestry in accordance with a scheme which should be submitted to the Mineral Planning Authority within 6 months of the date of this permission and implemented as approved.
Reason: To ensure the land is restored to an acceptable standard for forestry and in the interests of the character of the area and local amenities.
Aftercare
(24) An aftercare scheme to provide for a five year period of aftercare and requiring such steps as may be necessary to bring each phase of land restored under condition (23) to the required standard for forestry and permanent heath land, shall be submitted to the waste planning authority within 12 months of the date of this permission. The after-care scheme shall be implemented as approved and an after-care meeting held annually.
Reason: To ensure satisfactory restoration.
Other
(25) No work shall be carried out within the crown spread of existing preserved trees, either underground or on the surface, including the storage of materials and excavated soil, unless otherwise agreed by the Waste Planning Authority in writing. All existing trees and shrubs retained and/or previously planted around the perimeter of the application site for landscaping purposes shall be maintained in a healthy condition. Any trees or shrubs which die, are removed without permission, or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.
Reason: To protect the health and stability of trees to be retained within and on the boundaries of the site.
(26) The handling and movement of soils during both stripping and replacement operations should only be carried out in suitable weather conditions and when soils are dry and friable, to prevent compaction, smearing and loss of structure.
Reason: To minimise damage to existing and proposed soil reserves.
(27) All soil storage and screening bunds intended to remain in situ for more than six months or over the winter period are to be grassed over and weed control and other necessary maintenance carried out to the satisfaction of the Waste Planning Authority . The seed mixture and the application rates are to be agreed with the Waste Planning Authority in writing no less than one month before it is expected to complete the formation of the storage bunds.
Reason: To preserve the existing soil resource and prevent weed spread.
(28) Surface water source control measures shall be carried out in accordance with details which shall be submitted to and approved in writing by the Waste Planning Authority before development commences.
Reason: To prevent the increased risk of flooding .
APPENDIX 2
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.
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.