Contact: Peter Chadwick, ext 6728 email: [email protected]

1. Summary

1.1 Planning permission is sought for the storage and transfer of waste materials associated with highway maintenance works and ancillary storage of highway maintenance materials at Four Dell Farm, Poles Lane, Otterbourne.

1.2 There is considerable local objection to the proposal. However there is a need for a 24 hour facility for highway contractors, due to the need for overnight working. The proposed site is, in principle, in accordance with policy as it is an industrial site. The site is well-screened visually and can be operated without significant environmental impacts during the normal working day. Poles Lane has the capacity to take the additional lorry traffic, and the additional 40 movements per day would not have a significant amenity impact. There would be a greater adverse impact with the night-time working, both operations at the site and the associated lorry traffic through Otterbourne. However, the level of activity would be low and, when balanced with the need for the facility, would not be unacceptable. Therefore it is recommended that planning permission be granted, subject to conditions.

2. Recommendation

That planning permission for use of land for storage and transfer of waste materials associated with highway maintenance works and ancillary storage of highway materials at Four Dell Industrial Park, Poles Lane, Otterbourne (Application No. 07/01815/HCS) (County Council Ref: WR210) 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, taking into account the need for night-time working, and would be acceptable in terms of highway safety.

3. Site and Proposal

3.1 The site, as shown on the attached plan, comprises an area of 0.65 hectare to the west of industrial units at Four Dell Farm, Poles Lane, near Otterbourne. The nearest dwelling, Four Dell Bungalow, is approximately 75 metres from the edge of the application site. The majority of dwellings are 500 metres from the application site boundary.

3.2 In 2005 and again in 2007, Winchester City Council granted planning permission for a change of use of existing agricultural buildings to industrial units (B2 and B8) adjacent to the site (Application No. 04/02560/FUL and 06/02429/FUL). The application site is within the permitted area for industrial use, although a condition prohibiting outside storage was attached to both permissions.

3.3 The proposal is to store waste arising from highway maintenance projects where construction compounds are not required. There will be no processing of material on-site. It would also provide a site for the storage of materials required for emergency safety barrier repairs following accidents. There is a need to undertake highway maintenance at night to avoid conflict with road users. Therefore planning permission is sought for 24 hour working.

3.4 Access to the site is from Poles Lane. The existing access to the farm and industrial units would be stopped up and a new access, approximately 100 metres to the west, would be created. The new access would be surfaced with tarmac and gates would be erected at the site entrance to prevent unauthorised tipping. The proposal will generate an average of 40 lorry movements (20 in and 20 out) in a 24 hour period.

3.5 Normal working hours would be between 0700 and 1800 Monday to Saturday. There will be no working on Sunday or public holidays. During normal working hours stored waste would be removed from the site. Outside of these hours, lorries would begin leaving the site at approximately 1930 hours and may return up to three times during the night. It is anticipated that 10 lorry movements (5 in and 5 out) will be typically generated per night; however movements per night could on occasion reach a maximum of 40 (20 in and 20 out) if there was a larger contract, although this would be likely to happen on fewer than 10 occasions in a year.

3.6 The proposal includes the construction of a three metre high landscaped bund along the north and north-west boundaries. The bund would be planted with native tree and shrub species, together with additional tree planting to merge into the adjoining woodland to the east. This landscaping would also have the benefit of screening the site from the nearby public footpath.

3.7 The proposal is not an EIA Development under the Environmental Impact Assessment Regulations 1999 and therefore an environmental statement has not been submitted.

4. Development Plan

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

5. Consultations

5.1 Winchester City Council raises objection on the grounds that the development, as proposed, is contrary to policies C1, C2, C3 and MW2 of the Hampshire County Structure Plan Review and policies CE5, CE12, CE16 and DP3 of the Winchester District Local Plan review in that it would:

(i) fail to conserve and enhance the countryside;

(ii) fail to respect the local landscape character; and

(iii) result in the loss of good quality agricultural land.

5.2 Environmental Health Officer, Winchester City Council has reviewed the information provided and is satisfied that noise and dust impacts are acceptable at all receptors other than Four Dell Cottage. There are concerns about the impact of night-time activity in relation to Four Dell Cottage, and additional information has been requested about whether the proposed screening will mitigate lower frequency noise and details of the construction of the sleeper walls.

5.3 Environment Agency raises no objection. Comments that the applicant must ensure that the operations at the site are in accordance with Waste Management Legislation. If the activities do not meet the terms of an exemption, which should be registered with the Environment Agency, then a Waste Management Licence is likely to be required.

5.4 Highway Authority comments that the local highway network has more than adequate capacity to accommodate the additional lorry movements. Therefore raises no objection to the proposal, subject to conditions, including the provision of an alternative access.

5.5 Compton and Shawford Parish Council raises objection on grounds it is wholly unsuitable for this countryside location and is contrary to specific policies of the Hampshire Structure Plan and the Adopted Local Plan as listed below:

(i) The site is clearly visible from the Shepherds Lane development at Four Dell Farm and already detracts from the countryside character of the area and causes light pollution at night. No further development should be permitted to prevent creeping expansion of Four Dell Farm. Outside storage of any kind should continue to be not permitted.

(ii) The applicant has not demonstrated that this is essential to meet the needs of the rural economy.

(iii) Contrary to Policies CE4, CE5, CE12, CE16 and DP3 of the Adopted Local Plan.

5.6 Otterbourne Parish Council raises objection on the grounds of the impact on the environment, noise, traffic flow and safety, with the increased lorry movements within and around the village of Otterbourne. The village already accommodates a significant volume of heavy goods vehicles with the presence of the Veolia Waste Transfer Station on Poles Lane, and the Parish Council recommends any further recycling operation and associated vehicle movements within this locality should be refused. Therefore urges the rejection of the application as:

(i) contrary to permitted vehicle limits already set by the County Council for this area of Otterbourne in its consideration of WR018 in 2006;

(ii) may require a full Environmental Impact Assessment;

(iii) against the health and wellbeing of the local population, a County Council strategic priority;

(iv) proposed night time operations, without fixed lights, constitutes an unacceptable health and safety risk;

(v) no proposal to prevent the possibility of contaminated liquid run-off from waste material entering the land drainage system; and

(vi) does not accord with the Mineral and Waste Local Plan for areas of future development.

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

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

(i) The current planning designation for the site by Winchester City Council is for `no outside storage'. There have been no changes in circumstances to make this condition invalid.

(ii) This application will mean HGVs will be accessing the site through Otterbourne and Compton villages at night-time, sometimes 40 vehicle movements a night, and many houses are close to the highway. This will severely impact on quality of life.

(iii) Monitoring and enforcement of the number of movements will be impossible to carry out.

(iv) The noise of loading and unloading at all times of the day and night will be noticeable, particularly at night when M3 noise levels are at their lowest.

(v) This is an area of relatively low-light pollution and these night time movements on and off site will increase pollution considerably.

(vi) This site is not a recommended site in the Minerals and Waste Strategy and Otterbourne already contributes more than its fair share to general recycling in Hampshire with the Veolia Transfer Station in Poles Lane, only 100 yards away.

(vii) The application is on a site adjacent to other industrial activities. The incremental impact on the countryside and primarily on the lives of local people should be viewed as a whole. The character of this essentially rural landscape is already being eroded by both authorised and unauthorised activities and this will exacerbate it.

(viii) Water quality in the local aquifers is of vital importance, both locally and for drinking water. There is no provision to exclude contaminants. Poles Lane already suffers from flooding. There is no provision for water management associated with the application.

(ix) The road is judged to be not at full capacity (which could be applied to all roads not at gridlock) but the damage to the road surface, bollards, fences, etc already caused by HGVs on these roads, should be taken into account when estimating the impact of extra HGV movements. HGV movements already have a huge impact on the local community which was acknowledged by the Regulatory Committee when it imposed limits on Veolia Transfer Station (also in Poles Lane) only last year. A permission given last month and this one will increase the numbers of HGVs by at least 30% and take vehicle movements over the limit which the community imposed for Veolia Transfer Station.

6. Representations

6.1 There has been some confusion created by this application, as it was submitted at the same time as a proposal for waste recycling also at Four Dell Farm. This other proposal was approved by the committee at its last meeting. In excess of 350 letters of representation have been received, most of which refer to both applications. 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.

7. Report of 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 to Four Dell Industrial Estate, Poles Lane, Otterbourne. Councillor Charlotte Bailey, as local Member, was also present. Members also met the landowner, the applicant's agent, representatives of Compton and Shawford Parish Council, Otterbourne Parish Council and Winchester City Council Members.

7.2 The Chief Planning Adviser introduced the application and outlined the key features of the application for storage of waste arising from small highway maintenance projects where construction and compounds are not required.

7.3 Members noted that the proposal is for a small-scale reactive maintenance works, that 10 lorry movements would be generated per night by 7.5 tonne lorries and that - including the night time movements - there would be an average of 40 lorry movements in 24 hours. Members asked for information on permitted lorry movements onto the site. The access to the site from Poles Lane would be closed and a new access road constructed further along Poles Lane. The locations of neighbouring properties at Silkstead were pointed out. Parish Council representatives were concerned about the deciduous trees not creating a screen in the winter months and asked for a landscaping condition to be included.

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

8. Chief Planning Adviser's Comments

8.1 There is the clear need for facilities to be available for highway contractors on a 24 hour basis, as works on the main roads and motorways are often carried out overnight to minimise the disruption to road users and for the safety of those working on the road. The issues are whether this is a suitable site for such a use and the balance between this need and any adverse impacts. In considering these issues it is necessary to consider the planning status of the site, the environmental impact of operations within the site and the impact of the associated lorry traffic.

8.2 With regard to the planning status of the site, Winchester City Council has granted planning permission for B2/B8 uses at Four Dell Farm. The area covered by that planning permission includes the proposed operational area of this proposal (the proposed landscaped bund is outside the permission). However, the planning permission has a condition that there shall be no outside storage. The consequence of this permission is that the site is no longer agricultural, but is industrial, albeit with the storage restriction. This proposal does not extend the operational industrial site beyond the current permission. Moreover, the use of industrial sites for waste transfer is, in principle, in accordance with policy. The issues are whether the environmental impacts of the proposed operations within the site, including outside storage, are acceptable and whether the impacts of the associated traffic are acceptable.

8.3 The only potential loss of agricultural land involves the area of the landscaped bund and additional tree planting. The bund and planting have benefits in that they not only screen the proposed site, but also screen the existing industrial activity, particularly from the adjacent public footpath. The planting of native species would ensure the landscaping was in keeping with the local landscape character.

8.4 The main potential environmental impacts of the proposed operations within the site are visual impact, noise and dust. The site is well-screened by the existing buildings and adjoining woodland. The proposed landscaped bund and additional tree planting would be effective in completing the screening. Therefore there would not be an adverse visual impact and the proposal would not have an adverse impact for the local landscape character. There is the additional potential visual impact of the lighting required for the night-time working. There would inevitably be some light spillage from the site as it is in a rural location, however, conditions can require measures to be taken to minimise the extent of the lighting to that strictly needed for safety reasons. It is not considered the extent of light spillage would be a nuisance for local residents.

8.5 During the normal working day it is considered that the noise from operations within the site would be acceptable. The noise assessments have shown that noise would be within existing background levels during the day. The main impact would be for the bungalow within Four Dell Farm, but this is already significantly affected by the existing industrial uses. The main impact would be the noise levels at night, when background levels are significantly lower and noise is more likely to cause sleep disturbance. The site layout has been amended to provide additional noise screening for the bungalow by use of the sleeper walls to be used for the tipping bays. This would reduce the impact of noise. The distance of other properties from the site and the low level of night-time use at the site means that there should not be unacceptable disturbance.

8.6 Dust from operations at the site can be suitably controlled and conditions imposed to secure the necessary measures to achieve this control.

8.7 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 40 a day (20 in and 20 out) to prevent any increase in movements over time and limit any impact on local amenity. Reference is made in the objections to the limit on the nearby Veolia Transfer Station site. However, this limit does not represent the road capacity, it is a limit to control the development. The issue is not only whether the roads can take the additional traffic, but also the impact of the traffic on the amenity of residents living along the route. During the working day it is not considered that the additional lorry traffic would be such as to cause unacceptable impact. There is clearly a greater amenity impact at night, when traffic levels and the background noise levels are low. However, the number of lorry movements at night would also be low, normally up to 10 moves, with higher levels of up to 40 movements per night likely for less than 10 occasions per year. At this low level of use the impact would be limited and balanced by the need for highway works to be carried out overnight.

8.8 In conclusion, it is considered that there is a need for a 24 hour facility for highway contractors, due to the need for overnight working. The proposed site is, in principle, in accordance with policy as it is an industrial site. The site is well-screened visually and can be operated without significant environmental impacts during the normal working day. Poles Lane has the capacity to take the additional lorry traffic and the additional 40 movements per day would not have a significant amenity impact. There would be a greater adverse impact with the night-time working, in respect of both operations at the site and the associated lorry traffic through Otterbourne. However, the level of activity would be low and, when balanced with the need for the facility, would not be unacceptable.

1447/PDC

APPENDIX 1

Conditions

Timescale

(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) Vehicle movements associated with the transport of material into and out of the site shall not exceed 40 per day (20 in and 20 out). Lorry movements outside the hours set out in Condition (8) shall not exceed 10 per day (5 in and 5 out) on more than 10 occasions per year. On-site records shall be maintained recording the time, date and registration number of all vehicles carrying material into and out of the site. The records shall be made available to the Waste Planning Authority on request.

Reason: To limit the volumes of traffic in the interests of 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 this 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 by 215 metres have been provided at the junction of the access road with the public highway. These splays shall be kept free of obstruction for the duration of the development.

Reason: In the interests of highway safety.

(5) Means of access to the site shall be from the new access road as shown on drawing RWP/E012851/APP/01 only.

Reason: In the interests of highway safety.

(6) 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 Authoirty for approval in writing.

Reason: In the interests of highway safety.

(7) Loaded lorries leaving the site shall be sheeted for dust suppression and to ensure material is not deposited on the highway or verges.

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

Hours of Working

(8) Other than lorries bringing and tipping material associated with highway maintenance works, no lorries shall enter or leave the site and no plant or machinery shall be operated except between the following hours: 0700-1800 Monday to Saturday, and there shall be no working on Sunday or recognised public holidays.

Reason: In the interests of local amenity.

Landscape

(9) A three metre high landscaped screening bund shall be constructed on the northern boundary as shown on drawing RWP/E012851/NSE/01. The bund shall be constructed within six months of the date of this consent.

Reason: In the interests of visual amenity.

(10) Within one month of the date of this consent 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, types, size and species of all trees and shrubs to be planted; details of 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, 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.

Noise and Dust

(11) Prior to development commencing an Environmental Management Scheme for the control of noise and dust 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

(12) Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The bund capacity shall give 110% of the total volume for single and hydraulically linked tanks. If there is multiple tankage, the bund capacity shall be 110% of the largest tank or 25% of the total capacity of all tanks, whichever is the greatest. All filling points, vents, gauges and sight glasses and overflow pipes shall be located within the bund. There shall be no outlet connecting the bund to any drain, sewer or watercourse or discharging onto the ground. Associated pipework shall be located above ground where possible and protected from accidental damage.

Reason: To prevent pollution of the water environment.

Lighting

(13) 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 and measures to prevent light pollution. There shall be no use of the site at night until the lighting scheme has been approved and implemented. The scheme shall be implemented as approved for the duration of the development.

Reason: In the interests of visual highway safety.

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.