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

1. Summary

1.1 Planning permission is sought for the development and operation of a facility for the production of recycled aggregates and other recycled materials at Four Dell Farm, Poles Lane, Otterbourne. There is considerable local objection to the proposal. However, the proposal accords with policy and it has been demonstrated that the site could be operated without significant environmental impact. Therefore the recommendation is that planning permission be granted subject to conditions.

2. Recommendation

That planning permission for development and operation of facility for the production of recycled aggregates and other recycled materials at Four Dell Farm, Poles Lane, Otterbourne (Application No. 07/01762/HCS) (County Council Ref: WR205) be granted for the following reason, subject to conditions set out in Appendix 1.

Reason for Approval

It is considered the proposal would be in accordance with the development plan (summary attached 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.

3. Site and Proposal

3.1 The site comprises 0.55 hectares of agricultural hardstanding at the farmyard of Four Dell Farm, Poles Lane, near Otterbourne. The nearest dwelling, Four Dell Bungalow, is approximately 50 metres from the edge of the application site. The majority of houses are approximately 500 metres from the site boundary.

3.2 Historically the site has been used for agricultural purposes. In early 2005 a hardstanding was constructed at the site to accommodate additional cattle. Subsequently the farm ceased to rear cattle and the site has since not been used for agricultural purposes.

3.3 Winchester City Council granted planning permissions for changes of use of existing agricultural buildings to industrial units (B2 and B8) elsewhere within the farmyard complex in 2005 and 2006 respectively (Application Nos. 04/02560/FUL and 06/02429/FUL).

3.4 The current proposal is a re-submission of a previous application made in March 2007 (Application No. 07/00638/HCS). The application was due to be determined by the Regulatory Committee in May 2007. However, the application was withdrawn following publication of the Chief Planning Adviser's report.

3.5 The proposal is for a facility to recycle construction and demolition waste to produce recycled aggregates and soils. It is proposed to recycle up to 50,000 tonnes of waste per annum. Construction and demolition waste will be imported and stockpiled prior to screening or crushing. It is anticipated that the crusher will be brought to the site four times a year and operated for approximately two weeks on each occasion. The screener will be operational for approximately two days a week.

3.6 Access to the site is from Poles Lane. The existing access to the farm and industrial units will be stopped up and a new access, approximately 100 metres to the west, will be created. The new access will be tarmac'd to reduce dust created by heavy goods vehicles (HGVs) and gates will be erected at the site entrance to prevent unauthorised tipping.. The proposal will generate approximately 36 lorry movements a day.

3.7 The proposed hours of operation are between 0700 and 1800 Monday to Friday, between 0700 and 1300 on Saturday and not at all on Sunday or bank holidays. Crushing and screening will only take place between 0800 and 1700 hours Monday to Friday.

3.8 It is proposed to construct a mobile weighbridge, site office and welfare facility. Storage bays will be erected along the western boundary of the site. The existing 1.8 metre high bund will be raised and graded to four metres and planted.

4. Development Plan

4.1 The Hampshire Minerals and Waste Core Strategy Policies DC3 (Landscape, etc), DC6 (Highways), DC13 (Waste management and recycling) apply.

5. Consultations

5.1 Compton and Shawford Parish Council objects to the proposal as it is wholly unsuitable for the countryside location. The Parish Council considers that the proposal is contrary to policy as it is not essential for the rural economy; there are suitable locations in urban areas; the development fails to respect the landscape character of the rural area; and the development would adversely affect good quality agricultural land.

5.2 Otterbourne Parish Council objects to the proposal on the grounds of adverse highways impact; the site is not within the curtilage of the farm and therefore doesn't accord with policy; and the proposal should be judged with reference to other industrial proposals.

5.3 Hursley Parish Council objects to the proposal as it is likely to impact on the amenity of local residents; increase HGV traffic through Hursley; and the use of open land in the countryside for industrial or storage purposes is inappropriate.

5.4 Winchester City Council objects to the proposal as it fails to conserve and enhance the countryside; fails to respect the local landscape character; and results in the loss of good quality agricultural land.

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

5.6 The Environment Agency raises no objection subject to conditions.

5.7 The Highway Authority raises no objections to the proposal subject to conditions including the provision of an alternative access.

5.8 The local Member, Councillor Mrs Bailey, objects to the proposal on the following grounds:

(i) the proposal does not accord with policy as it is not a redundant farm building and is not within the curtilage of such a building;

(ii) adverse impact on the rural character of the area;

(iii) the proposal is adjacent to other industrial activities and any impacts should be viewed as a whole;

(iv) farm diversification should introduce small-scale activities to redundant buildings which respect and enhance the character of the area;

(v) adverse noise impact. The proposal will create a different noise from the M3 motorway;

(vi) adverse impact of lorry movements in terms of noise, dust and safety. Additional movements will discourage walking and cycling;

(vii) proposal will potentially impact on water quality in local aquifers; and

(viii) Otterbourne already contributes more then its fair share to general recycling in Hampshire with the Veolia Transfer Station in Poles Lane.

6. Representations

6.1 There has been some confusion created by the re-submission of the proposal and the submission of another proposal on land also at Four Dell Farm. However, at the time of writing in excess of 350 letters of representation have been received. The main reasons for objection are:

(i) increased traffic through the villages of Otterbourne and Hursley;

(ii) inadequate visibility at the site access;

(iii) increased noise, dust and odour;

(iv) inappropriate development in the countryside;

(v) industrialisation of a rural, agricultural site;

(vi) the proposal does not accord with policy as the application site is not a redundant farm building or within its curtilage; and

(vii) impact on visual amenity and landscape.

6.2 Mark Oaten, MP, has objected to the proposal in support of the local community.

7. Report of the Site Visit

7.1 Some Members of the Committee (Councillors Beagley, Bryant, Cooper, Gurden, Hockley and James) with Councillor Heath in the chair undertook a site visit on 20 August 2007. Councillor Charlotte Bailey, as local Member, was also present. Members met the landowner, the applicant's agent, representatives of Compton and Shawford Parish Council and Otterbourne Parish Council, and Winchester City Council Members.

7.2 The Chief Planning Adviser introduced the application and outlined its key features.

7.3 Members noted that approximately 50,000 tonnes of waste per annum would be recycled, generating 36 lorry movements a day; that a mobile weighbridge, site office and welfare facility would be constructed; and that the access to the site from Poles Lane would be closed and a new access constructed further west from the existing one. The location of neighbouring properties, including the houses along Shepherds Lane and Judds Farm, was pointed out.

7.4 Councillor Bailey expressed concerns, on behalf of local residents, about the impact of additional traffic and the visibility of drivers through Otterbourne.

7.5 Parish Council representatives were concerned about landscaping and the deciduous trees not creating screening in the winter months.

7.6 Members noted that the existing bunds would be strengthened and improved. The stockpiles would be located on the inside of the boundary up to four metres high and the crushing would take place inside these.

8. Chief Planning Adviser's Comments

8.1 Policy DC13 of the Hampshire Core Strategy states that planning permission will be granted where the proposal re-uses or re-develops redundant agricultural buildings, including their curtilages.

8.2 Although the hardstanding was constructed later than the agricultural buildings, the application site is within the curtilage of those units and therefore the proposal accords with Policy DC13.

8.3 The local concern that the application site has not been used for agricultural purposes and therefore cannot be considered as redundant agricultural land or within an agricultural planning unit is noted. Legal advice on the issue of redundancy is that the Committee's judgment on whether the site is redundant should be based on an objective analysis of events on site as well as the owner's subjective intentions.

8.4 In carrying out an objective analysis weight should be given to the two specific planning permissions granted by Winchester City Council in 2005 and 2006 (Application Nos. 04/02560/FUL and 06/02429/FUL). These allow changes of use of farm building/agriculture into storage and general industrial use, demonstrating that land within the farm is already redundant. Moreover, it is understood that the farm has already disposed of its cattle and chickens and the landowner states that the land is redundant in agricultural terms.

8.5 The observations of local residents that the agricultural use of the application site was short lived and that the owner has used the hardstanding for unauthorised activities are noted. It is also noted that the new hardstanding was constructed after declaring other land on the farm redundant. However, taking account all the evidence it is difficult to 'disprove' that the land is redundant.

8.6 There is considerable local concern about industrialisation of the farm and the impact on the rural character of the area. It is noted that Winchester City Council granted planning permission for industrial units subject to a condition restricting outside storage. However the current proposal should be judged on its merits. In principle, farmyard locations are considered appropriate for 'open air' waste management development and the proposal accords with Policy DC13.

8.7 According to local residents, the background noise levels in the area are dominated by the M3 motorway and the Southampton Airport flight path but the impact is very dependent on wind direction. In response to local concern, the applicant arranged for a concrete crusher to be brought to the site and operated for a day whilst noise monitoring was undertaken by both the applicant and the local community. The Environmental Health Officer was also present and witnessed the noise impact at various locations in the area.

8.8 The local community's noise assessment concluded that, given certain wind conditions, there is likely to be "a noticeable loss of amenity" at several local properties and that complaints are likely from the bungalow on Four Dell Farm. The applicant's noise assessment, which assessed the impact of both the crusher and the screener (trommel), concluded that the proposal would be acceptable in noise terms and is unlikely to give rise to complaint. The independent view of the Environmental Health Officer has been sought. The Officer raises no objection to the proposal subject to conditions. This view was based on all of the available noise reports and his own, subjective, assessment carried out when the crusher was on site.

8.9 There is also local concern that the proposal will have an unacceptable dust impact. It is proposed to surface the access road and the hardstanding, which will reduce any dust creation. Furthermore, the crusher and screener can be sprayed with a mist of water to prevent dust creation. It considered that the dust issue can be satisfactorily controlled by planning condition.

8.10 It is acknowledged that the proposal is in the countryside and that local residents and Winchester City Council consider that it will have an impact on visual amenity and does not provide for adequate landscaping. The principle of additional landscaping, including erection of an earth bund and tree planting, has been agreed. However, this can be augmented by increasing the height and area of the bund and reshaping it so that it totally screens the site from the view from Shepherds Lane to the north. The applicant and landowner agree to the imposition of a planning condition to bring this into effect. Therefore it is considered that satisfactory landscaping can be achieved and any impact will be marginal - particularly given the various agricultural and industrial activities in the immediate locale.

8.11 The Highway Authority raised objection to the original proposal because of the inadequate visibility splays at the junction between the access road and the highway. The current proposal is to relocate the access approximately 100 metres to the west of the existing. The visibility splays meet the appropriate standards and therefore the Highway Authority raises no objection. There is local concern that the new access is located where vehicles regularly exceed the speed limit. This is not a planning consideration and therefore cannot be the basis for a refusal.

8.12 There are local objections about the impact of the proposal on an already busy road network in Otterbourne. This concern is noted. The proposal will generate 36 lorry movements a day on local roads - with the greatest number on Poles Lane, east of the site access (25 lorry movements a day) - an estimated increase of some 12.5%. Along Main Road, Otterbourne, travelling south towards Junction 12 of the M3, the proposal will generate 21 lorry movements - a similar increase (12%). The increase on the local highway network in terms of total vehicle movements is less than 1%.

8.13 The Highway Authority has stated that the local highway network has more than adequate capacity to accommodate the additional lorry movements. However, if permission is granted it is reasonable to restrict the number of lorry movements to and from the site to 36 a day to prevent any increase in movements over time and limit any impact on local amenity.

8.14 The new access will necessitate the removal of a length of hedgerow to achieve the required visibility splays. The hedgerow is not ancient and it is not necessary to preserve it in situ. The proposal is to relocate the hedgerow approximately five metres to the north. This can be satisfactorily controlled by condition.

8.15 There is local concern that the proposal will result in pollution to water courses and the underlying aquifer. It is recognised that the area is sensitive. The proposal is to import inert materials only and therefore pollution is unlikely. Furthermore, the site will be covered by a hardstanding and drainage would be properly managed and, moreover, the Environment Agency raises no objections to the proposal subject to conditions. The proposal will also need a Waste Management Licence which will control management of the site to reduce risk of pollution.

8.16 In conclusion, the proposal accords with policy and it has been demonstrated that the site could be operated without significant environmental impact. Furthermore, there is a considerable need for construction and demolition waste recycling facilities in Hampshire. Therefore the recommendation is that planning permission be granted subject to conditions.

1445/NC

APPENDIX 1

Conditions

Timetable

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

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

Highways

(2) Lorry movements to and from the site shall be restricted to 36 a day. 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 seven 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.

(3) Prior to development commencing details of the proposed new access road shall be submitted to and approved in writing by the Waste Planning Authority. These details shall include proposed surfacing and construction details. No part of the development shall be occupied until the works have been carried out in accordance with the approved plans and to the satisfaction of the Waste Planning Authority.

Reason: In the interests of highway safety.

(4) No development shall commence until visibility splays of 4.5 metres x 215 metres have been provided at the junction of the access road with the public highway.

Reason: In the interests of highway safety.

(5) The site shall not be operational until the existing access onto Poles Lane has been stopped up, the haul road removed and the land restored to agriculture in accordance with a scheme to be submitted to the Waste Planning Authority and approved in writing.

Reason: In the interests of highway safety and visual amenity.

(6) Means of vehicular access to the site shall be from the access road junction with Poles Lane only.

Reason: In the interests of highway safety.

Hours of Worknig

(7) 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: 0700-1800 Monday to Friday and 0700-1400 Saturday. There shall be no working on Sunday or recognised public holidays.

Reason: In the interests of local amenity.

(8) All mechanical crushing operations shall be restricted to a maximum of 40 days per calendar year and shall only occur between the hours of 0800 and 1700 Monday to Friday and not at all on Saturday, Sunday or recognised public holidays. A detailed record of all crushing operations shall be kept on site and made available to the Waste Planning Authority within seven days of written request.

Reason: To protect the amenity of local residents.

(9) All mechanical screening operations shall be restricted to a maximum of two days per week and shall only occur between the hours of 0800 and 1700 Monday to Friday and not at all on Saturday, Sunday or recognised public holidays. A detailed record of all screening operations shall be kept on site and made available to the Waste Planning Authority within seven days of written request.

Reason: To protect the amenity of local residents.

Landscape

(10) Prior to 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 precise location, size and height of the perimeter bunds; types, size 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, 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 and landscape character.

(11) The hedgerow shall only be removed within the months of September and October. The hedgerow shall be replanted within the next planting season in accordance with a scheme to be submitted to the Waste Planning Authority within one month of the date of this permission. The scheme shall be implemented as approved.

Reason: In the interests of the local landscape and nature conservation.

Noise, Dust and Odour

(12) The level of noise emitted from the site shall at no time exceed an LAeq (1 hour) of 70 dB as measured on the boundary of the site (adjacent to the parking area shown on Plan No. ABL/E008967/LAY/01).

Reason: In the interests of local amenity.

(13) Prior to development commencing a plan showing the location of the screener shall be submitted to the Waste Planning Authority for approval. The plan shall be implemented as approved in writing by the Waste Planning Authority.

Reason: In the interests of local amenity.

(14) Prior to development commencing an Environmental Management Scheme for the control of noise and odour 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.

Protection of Water Environment

(15) Prior to development commencing a surface water drainage scheme shall be submitted to the Waste Planning Authority and approved in writing. The scheme shall be implemented as approved.

Reason: To ensure protection of the water environment.

(16) There shall be no piling or any other foundation designs using penetrative methods unless otherwise agreed in writing with the Waste Planning Authority.

Reason: To ensure protection of controlled waters.

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 Minerals and Waste Core Strategy

Policy DC3 - Impact on Landscape and Townscape

Minerals and waste development will only be permitted if due regard is given to the likely visual impact of the proposed development and its impact on, and the need to maintain and enhance, the distinctive character of the landscape or townscape. If necessary, additional design, landscaping, planting and screening, including planting in advance of the commencement of the development, should be proposed.

Policy DC6 - Highways

Major mineral extractions, landfills and `strategic' recycling, aggregate processing and recovery and treatment facilities, will be permitted provided they have a suitable access to and/or route to the minerals and waste lorry route as illustrated on the Key Diagram.

In all cases, minerals and waste development will only be permitted if it pays due regard to the likely volume and nature of traffic that would be generated by the proposal and the suitability of the proposed access to the site and of the road network that would be affected. Consideration should be given to highway capacity, road and pedestrian safety, congestion and environmental impact, and whether any highway improvements are required and whether these could be carried out satisfactorily without causing unacceptable environmental impact.

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.