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

1. Summary

1.1 Planning permission is recommended for a tyre recycling and storage facility including retrospective permission for the retention of existing portable office accommodation, fencing, portable toilet and effluent tank at the Ashfield Tyre Depot near Romsey, subject to conditions and a Legal Agreement to not implement the existing planning permission and control lorry routing. There is currently an extant planning permission, granted by Test Valley Borough Council in 1992, for storage and transfer of tyres (No. TVS03913/2). The permission is not restricted in terms of lorry movements or the number of tyres that can be stored on the site - although there is a restriction on the area for storage and the height of tyre stockpiles. It is estimated that the permission allows storage of between 850,000 and 1 million tyres on the site. The current proposal provides an opportunity to improve circumstances created by the existing permission (No. TVS03913/2).

1.2 There is strong local concern that the difficulties in resolving the current breach of planning control will result in the County Council granting a permanent planning permission merely as a means of remedying the breach. The breach of planning control is a consideration. However, the current application must be judged on its merits and in the context of the authorised use of the site. If the situation would be no worse than that already authorised by the current permission the reasons for not approving this application must be very strong.

1.3 It is considered that there are no planning policy reasons to refuse planning permission. There are no material changes to the traffic and amenity situation and the application complies with the Hampshire Minerals and Waste Core Strategy (Policies DC3 - Impact on landscape, etc; DC6 - Highways; DC7 - Biodiversity; DC8 - Pollution, health, etc; DC 9 - Public safety; DC10 - Water resources; and DC13 - Waste management). Accordingly, it is recommended that planning permission be granted subject to conditions and a Legal Agreement to not implement the existing planning permission and control lorry routing.

2. Recommendation

That planning permission for tyre recycling storage facility for the storage, mechanical shredding, granulating and bailing of tyres and storage of recycled tyre product, comprising the construction of a new building, hardstanding, weighbridge, lighting, open storage bays, self-bunded diesel storage tank, the use of mobile plant and retrospective permission for the retention of existing portable office accommodation, fencing, portable toilet and effluent tank and earth bund at Ashfield Tyre Depot, former Ashfield Sawmill, Romsey (Application No. 07/01543/CMAS) (County Council Ref: TV228) be granted, subject to conditions set out in Appendix 1 and a Legal Agreement.

Reason for Approval

It is considered that the proposal would be in accordance with the development plan (summary attached as 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 and Proposal

3.1 The site, as shown on the attached plan, comprises 0.93 hectares at the former Ashfield Sawmills approximately two kilometres south of Romsey. The nearest dwelling is some 100 metres from the site. Access is from the A3057.

3.2 The site is located within the countryside. Immediately to the south lies a woodland Site of Importance for Nature Conservation (SINC). There are also trees and shrubs to the north and west of the site. There are fields to the north and east.

3.3 The proposal is to operate a tyre recycling facility. Tyres would be shredded, granulated and bailed and the recycled product stored prior to export. The principal plant comprises a pre-shredder, a shredder, a granulating machine and a tyre bailer. The proposal is to reduce the number of tyres stored on the site from approximately two million to approximately 25,000 tyres. It is proposed to achieve this reduction in three phases each lasting a maximum of a year (three years in total). Following the reduction of tyres, it is proposed to import tyres at a maximum rate of 12,000 tonnes (approximately 120,000 tyres) per annum.

Phase 1 - Commencement

3.4 A concrete hardstanding would be constructed (25 metres x 9 metres) adjacent to the former sawmill shed. The pre-shredder and shredder would be located on the hardstanding and if necessary a second shredder or granulating machine would be located inside the sawmill shed.

3.5 Concrete storage bays for the recycled product would be constructed and waste steel arising from the process would be stored in roll-on-off containers prior to removal off-site. Tyres would be removed from the hatched area shown on drawing number DT/685/04A in Appendix 3. Phase 1 would last a maximum of one year.

Phase 2 - Main Construction and Configuration

3.6 The removal of tyres during Phase 1 would create sufficient space to erect a new building (20 metres x 8 metres x 6.7 metres to the ridge) to house the recycling plant. The building would be located to the south of the former sawmill shed on a new concrete hardstanding. The proposed building would be a prefabricated steel construction and olive green in colour. The pre-shredder would remain outside the building.

3.7 The existing portable office accommodation would be relocated to nearer the site entrance and a weighbridge would be installed. The storage bays would be relocated within the site.

3.8 Tyres would be removed from the hatched area shown on drawing number DT/685/05A in Appendix 3. A landscaped buffer would be created along the southern boundary to ensure separation of the site from the SINC. Phase 2 would last a maximum of one year.

Phase 3 - Reducing Tyre Storage to Final Ongoing Level

3.9 An additional primary shredder would be brought onto the site to accelerate the recycling rate. Tyres would be removed from the hatched area shown on drawing number DT/685/06A in Appendix 3.

Final Operation

3.10 When finally operational, the tyre recycling facility would have a throughput of approximately 12,000 tonnes of tyres per annum (approximately 120,000 tyres). The proposed hours of operation are between 0800 to 1800 Monday to Friday, between 0800 and 1300 on Saturday and not at all on Sunday and public holidays. It is anticipated that the proposal would generate up to 36 lorry movements per day. There may also be additional van movements.

3.11 Retrospective planning permission is sought for the security fencing and access gates, portable office accommodation and construction of an earth bund beyond the southern boundary of the site.

4. Background and Planning History

4.1 Historically the site was a sawmill. In February 2002 Test Valley Borough Council granted planning permission for tyre transfer and storage on the site (TVS03913/2) (see Appendix 4). The area of storage and the height of tyres stored on the site were controlled by condition. The number of tyres imported and the number of lorry movements generated were not restricted. However, based upon a survey of the site, it is estimated that there is planning permission to store between 850,000 and 1 million tyres on the site.

4.2 The former owners of the Ashfield Sawmill site operated a similar site in Ampfield. Business problems resulted in the closure of the Ampfield site and the tyres were transferred to Ashfield, which now has storage of approximately two million tyres. This is a serious breach of planning control. However, the former owners were declared bankrupt and Test Valley Borough Council and the Environment Agency were unable to pursue enforcement action to clear the site.

4.3 In spring 2006 Afropa Limited submitted a planning application to Test Valley Borough Council to recycle tyres at the site. Test Valley Borough Council declined to determine the application as it was defined as a `county matter'. Accordingly in July 2006 Afropa Limited submitted the same application to the County Council (Application No. 06/02324/CMAS). The application contained insufficient information to determine the impacts of the proposal and was withdrawn in July 2007.

5. Development Plan

5.1 Hampshire Minerals and Waste Core Strategy Policies DC3 (Impact on landscape, etc); DC6 (Highways); DC7 (Biodiversity); DC8 (Pollution, health, etc); DC9 (Public safety); DC10 (Water resources) and DC13 (Waste management and recycling) apply.

5.2 Test Valley Borough Local Plan 2006 Policy Set 07 (Existing employment sites in the countryside) applies.

6. Consultations

6.1 Romsey Extra Parish Council objects to the proposal as it would constitute unwarranted development in the countryside and would erode the countryside gap between Romsey and Southampton. The Parish Council is concerned about the potential for adverse effects from noise and odour and the environmental impacts on the adjacent SINC and water course. The fencing is considered inappropriate for its rural setting. Finally, the Parish Council strongly urges the County Council to commence enforcement action against the landowner who is operating without planning permission.

6.2 Test Valley Borough Council raises no objection to the proposal subject to conditions.

6.3 The Environmental Health Officer (Test Valley Borough Council) raises no objections subject to conditions.

6.4 The Environment Agency raises no objections to the proposal. The proposed operation will require a Waste Management Licence.

6.5 The Highway Authority raises no objection to the proposal subject to conditions. Visibility from the access falls short of the standard for a derestricted road. However, on balance it is considered that the proposal is no worse than the lawful use of the site in highways terms. Certain conditions are recommended.

6.6 Hampshire Primary Care Trust - at the time of writing the report no response had been received. However, comments are anticipated in time for an oral update at Committee.

6.7 The Fire and Rescue Service raises no objection to the proposal subject to conditions and advice. The principle of a phased reduction in tyres is accepted.

6.8 The local Member, Councillor Perry, objects to the proposal for the following reasons:

(i) the use is more appropriate on an industrial estate than in a countryside location;

(ii) permission for an industrial use of the site creates the opportunity for a long term, inappropriate industrial use of the site;

(iii) specific issues, such as noise, waste and pollution and lighting in the countryside can be addressed by refusing the application;

(iv) if the main reason for granting permission is to address the breach of planning permission then this will encourage other landowners to accept large numbers of tyres on their sites in the hope that the County Council will grant them planning permission; and

(v) if the Regulatory Committee is minded to grant planning permission then consideration should be given to a temporary planning permission to remove the tyres only.

7. Representations

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

(i) there is no need for a tyre recycling facility so close to a residential area;

(ii) there has been a serious breach of planning control that should not be compounded by granting planning permission;

(iii) the tyres on site present a fire risk;

(iv) stagnant water contained within tyres presents a health risk;

(v) the site and specifically the fencing is inappropriate in the countryside; and

(vi) if permission is granted only a temporary consent should be issued.

8. Chief Planning Adviser's Comments

8.1 The application site has a long history of industrial use. The site was a sawmill for many years and there is currently an extant planning permission, granted by Test Valley Borough Council in 1992, for storage and transfer of tyres (No. TVS03913/2). Although there is no condition restricting the number of tyres stored on the site it is estimated that the permission allows for the storage of between 850,000 and 1 million tyres. The existing lawful use can be described as either B8 (storage and distribution) or B2 (general industrial).

8.2 Policy DC13 (Waste Management and Recycling) of the Hampshire Core Strategy states that planning permission will normally be granted provided the site reuses or redevelops previously developed land. The proposal is located within the existing site and thus accords with the locational criteria of Policy DC13.

8.3 There is strong local concern that the difficulties in resolving the current breach of planning control will result in the County Council granting a permanent planning permission merely as a means of remedying the breach. The breach of planning control is a consideration. However the current application should be judged on its merits and in the context of the authorised use of the site. If the proposal has no greater impacts than the current permitted use then planning permission would normally be granted.

8.4 The proposal is to implement a phased reduction in tyres at the site and the layout will change periodically. It is anticipated that the final operational site layout will be achieved within three years. In its final phase it is proposed to store no more than 25,000 tyres on site, which equates to a reduction of approximately 825,000 tyres over currently permitted levels. The phased reduction of tyres on site and implementation of the final scheme can be satisfactorily controlled by condition. This will lead to the site having less of an impact on amenity than would occur under the current permission.

8.5 There is concern that the proposal will result in an increased fire risk. The proposal is a significant improvement to the current permitted situation in fire safety terms. The Fire and Rescue Service raises no objection to the proposal subject to the preparation of a fire risk assessment and conditions to enable the Service to manage a fire should it occur. The Fire Service understands the proposal to reduce the number of tyres in phases, which is an improvement in fire safety terms. In addition, the proposed tyre processing will require a Waste Management Licence which will control the management of the site to reduce the risk of fire. Accordingly the proposal accords with Policy DC8 (Pollution, Health, etc) and Policy DC9 (Public Safety).

8.6 There is local concern that the tyre recycling process will be noisy and thus have an adverse impact on local amenity. The applicant has submitted a noise assessment in support of the proposal which considers the impact of two shredders, a pre-shredder and a granulator machine, all located outside the building. This represents the worst case scenario. The assessment concludes that none of the proposed phases will give rise to an unacceptable noise impact. Furthermore, any noise impact will be further reduced during phase two when the majority of the plant is moved into the building. The Environmental Health Officer raises no objections to the proposal.

8.7 There will also be noise generated by lorry movements, loading and unloading tyres and other ancillary activities. However, these operations would also be expected if the site was being operated for the storage and transfer of tyres.

8.8 The proposal is unlikely to create an odour or dust problem. Experience of similar sites elsewhere in the country suggest that odour and dust will not create a nuisance - particularly as when fully operational the main processing plant will be within the building and the nearest property is approximately 100 metres from the site boundary. There is no evidence that the tyre recycling process creates dust. Accordingly the pollution, health and amenity issues raised by the proposal have been satisfactorily addressed and thus the proposal accords with Policy DC8 (Pollution, Health, etc).

8.9 The Parish Council is concerned about the impacts of the proposal on the adjacent SINC and on any nearby watercourse. Tyres are unlikely to degrade in situ and therefore pollution is unlikely. The Environment Agency has raised no objection to the proposal. However, any minimal risk of pollution will be addressed through the Waste Management Licensing process.

8.10 The proposal will restore and enhance the adjacent woodland SINC. Where the unauthorised storage of tyres has encroached on the SINC it will be replanted using appropriate native species. A planted buffer zone will also be created to protect the woodland from any future encroachment. It is noted that lighting at the site has the potential to impact upon nocturnal species in the woodland. However, it is considered that any potential impacts can be satisfactorily mitigated through a suitable lighting scheme. It is proposed to plant a landscape strip on the eastern and northern boundaries which will screen open views of the site. Accordingly the proposal accords with Policy DC7 (Biodiversity).

8.11 The local concern about the visual impact of the fence is noted. Retrospective permission is required for the security fence, which is needed to prevent unauthorised access to the site. The fence is necessary for both the existing storage and transfer permission and the proposed recycling operation. It is proposed to paint the fence dark green to mitigate its impact. Furthermore, the proposed landscaping will grow around the fence and, in time, soften its appearance. Therefore the proposal accords with Policy DC3 as the impact on landscape has been satisfactorily addressed.

8.12 There is evidence that rainwater collects in tyres and creates a breeding ground for mosquitoes - although this is more common on sites that store tyres for long periods of time rather than processing sites. The Environmental Health Officer has recommended that once the site is fully operational tyres should be covered to prevent rainwater collecting. The concerns of the Environmental Health Officer can be addressed by a condition.

8.13 The accepted visibility standard for derestricted roads are 4.5 metres x 215 metres. Visibility splays at the access to the site are 4.5 metres x 160 metres to the north and 4.5 metres x 90 metres to the south, which falls short of the standard and ordinarily would be a reason for refusal. However, the existing use of the site is not restricted in highways terms and is likely to generate as many or more vehicle movements than the current proposal, which could be restricted by condition to 36 lorry movements per day. Therefore a highway reason refusal would not resolve the access issue.

8.14 There is an opportunity to control and improve access arrangements at the site. It is proposed to require all vehicles to enter and leave the site by turning left and thus no vehicles would turn across the highway. The routing of lorries to avoid country lanes can be controlled by legal agreement. The proposal accords with Policy DC6 (Highways).

8.15 Romsey Extra Parish Council is concerned that the proposal will erode the countryside gap between Romsey and Southampton. The proposal does not increase the area of the existing site. The proposed building is agricultural in design and is considered appropriate for the setting. The proposed landscaping, in combination with the existing mature trees, will provide significant screening of the reduced number of tyres. The noise issue has been satisfactorily addressed. Therefore the proposal will not have an unacceptable impact on the countryside and represents an improvement over the current permitted situation. Accordingly the criteria within Policies DC3 (Landscape) and DC13 (Waste Management and Recycling) have been satisfactorily met.

8.16 If permission is granted for tyre processing it is desirable to ensure the cessation of the existing planning permission No.TVS03913/2 for tyre storage and transfer to ensure that the current proposal alone is implemented. This can be achieved by a Legal Agreement.

8.17 It is considered that there are no policy reasons to refuse planning permission that could be sustained if challenged. Accordingly it is recommended that planning permission be granted subject to conditions and a Legal Agreement to ensure that the current proposal alone is implemented and control lorry routing.

1444/NC

APPENDIX 1

Conditions

Time Limits

(1) The development hereby permitted shall be begun before the expiration of 12 months 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 and to remedy the breach of planning permission in a reasonable time period.

(2) The development shall be implemented in three phases as detailed on Drawing Nos DT/685/04B, DT/685/05B and DT/685/06B prior to implementing the final scheme (Drawing No. DT/685/07B). Each phase shall last no more than one year before the subsequent phase is implemented. Within three years of the commencement of Phase 1 the site shall be operated in accordance with Drawing No. DT/685/07B. The Waste Planning Authority shall be notified in writing seven days prior to the commencement of each phase.

Reason: To ensure the phased reduction of tyres and the satisfactory operation of the site.

(3) No tyres shall be imported onto the site until the completion of Phase 3 (Drawing No. DT/685/06B). The Waste Planning Authority shall be notified 14 days prior to the commencement of importation of tyres.

Reason: To reduce the number of tyres on the site in the interests of local amenity, public health and visual amenity and to ensure compliance with the approved plans.

Hours of Working

(4) 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: 0800-1800 Monday to Friday and 0800-1300 Saturday. There shall be no working on Sunday or recognised public holidays.

Reason: In the interests of local amenity.

Landscape

(5) Prior to development commencing a detailed scheme of landscaping for the perimeter of the site and the landscape buffer zone (as shown on Drawing No. DT/685/06B) shall be submitted to the Waste Planning Authority for approval in writing. The scheme shall specify the types, size and species of all trees and shrubs to be planted; details of all trees to be retained; 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 to enhance the adjacent ecology.

(6) The fencing on the northern, eastern and western boundaries shall be painted dark green. Details of the proposed paint shall be submitted to the Waste Planning Authority for approval in writing within one month of the date of this permission and the fence shall be painted in accordance with the approved details within three months of the written approval.

Reason: In the interests of visual amenity.

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

Reason: In the interests of visual amenity and protected species.

Highways

(8) Lorry movements to and from the site shall be restricted to 36 per 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.

(9) All vehicles shall turn left into the site, and turn left out of the site. There shall be no right turn movements.

Reason: In the interests of highway safety.

(10) Prior to the completion of Phase 3 (Drawing No. DT/685/06B) the access between the highway and the gates shall be surfaced with a non-migratory surface.

Reason: In the interests of highway safety.

(11) All vehicles shall access and egress the site in a forward gear.

Reason: In the interests of highway safety.

Noise, Dust and Odour

(12) 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.

(13) 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.

(14) Noise from the site shall not exceed 55 dBLAeq, 1 hour when measured at three metres from the façade of the nearest noise sensitive property, unless otherwise agreed in writing by the Waste Planning Authority.

Reason: To prevent noise disturbance to the residents of the nearest houses.

Storage

(15) At the completion of Phase 3 (Drawing No. DT/685/06B) and at all times subsequent, there shall be no more than 25,000 whole tyres stored on the site at any one time. Stockpiles of tyres shall be located in accordance with Drawing No. DT/685/07B and shall not exceed two metres in height. A distance of 20 metres shall be maintained between stockpiles of tyres and stockpiles shall not be located within seven metres of the boundary of the site. Tyres shall only be stored on areas of impervious hardstanding.

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

(16) The shall be no more than 1,000 tonnes of recycled tyre product stored on the site at any one time. A written record of tonnages shall be kept on the site and provided to the Waste Planning Authority within seven days of a written request.

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

(17) Within six months of the date of this permission details of measures to cover all whole tyres stored on the site shall be submitted to the Waste Planning Authority for approval in writing. The measures shall be implemented as approved within one months of the completion of Phase 3 (Drawing No. DT/685/06B).

Reason: To prevent mosquitoes breeding water collected in the tyres in the interests of local amenity and public health.

Miscellaneous

(18) Prior to development commencing a fire safety management plan shall be prepared and submitted to the Waste Planning Authority for approval in writing. The plan shall be implemented as approved.

Reason: In the interests of fire safety and public health.

(19) Prior to development commencing detailed elevations, materials and plans of the proposed building shall be submitted to and approved in writing by the Waste Planning Authority.

Reason: In the interests of visual amenity.

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 DC7 - Biodiversity

Minerals and waste developments will only be permitted if due regard is given to the likely effects of the proposed development on biodiversity and, where possible, proposals should conserve and enhance biodiversity.

Development likely to adversely impact upon `regionally or locally designated sites or protected species' - designated in adopted Local Plans or Local Development Frameworks - (including Sites of Importance for Nature Conservation (Sinks), Species of Principle Importance for Biodiversity, Regionally Important Geological Sites and Local Nature Reserves) shall only be permitted if the merits of development outweigh the likely impact.

Policy DC8 - Pollution, health, quality of life and amenity

Minerals and waste development will only be permitted if due regard is given to the pollution and amenity impacts on the residents and users of the locality and there is unlikely to be an unacceptable impact on health and/or the quality of life of occupants of nearby dwellings and other sensitive properties. Where necessary minerals and waste developments should include mitigation measures, such as buffer zones between the site and such properties.

Policy DC 9 - Public Safety

Minerals and waste developments affected by `safeguarding zones' will only be permitted with due regard to public safety issues, in consultation with the appropriate bodies responsible for managing and/or regulating the relevant site(s).

Policy DC10 - Water Resources

Non-hazardous landfill developments in areas that overlie major aquifers, and Groundwater Source Protection Zones I and II, and mineral extraction or inert landfill in areas that overlie major aquifers and Groundwater Source Protection Zone I will not be permitted .

All minerals and waste developments will only be permitted if they are unlikely to have an unacceptable impact on coastal, surface or ground waters and due regard is given to water conservation and efficiency.

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.