Archived decisions

Hampshire County Council

Regulatory Committee

16 April 2008

Applicant: Raymond Brown Minerals and Recycling Limited

Proposed relaxation of conditions (Condition 2: Importation of Waste; Condition 3: Lorry Movements; Condition 4: Hours of Working) for temporary period in connection with forthcoming M27 Motorway Improvement Contract (Junctions 2 to 4) at Lee Lane, Nursling
(Application No 08/0050/CMAS) (County Council Ref: TV055)

Report of the Head of Planning and Development

Item 7

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

1. Summary

1.1 The proposed variations are to enable the site to be used for recycling in connection with the forthcoming works on the M27. It is considered that there are significant benefits in using the site for recycling associated with the M27 works, and that the proposals minimise the additional disturbance. Therefore it is recommended to approve these variations.

2. Recommendation

    That planning permission in respect of planning application for relaxation of conditions (Condition 2: importation of waste, Condition 3: lorry movements, Condition 4: hours of working) for temporary period in connection with forthcoming M27 motorway improvement contract (Junctions 2-4) at Lee Lane, Nursling (08/00550/CMAS) be granted for the following reason, subject to the conditions set out in Appendix 1.

      Reason for Approval

    It is considered that the proposal would be in accordance with the development plan (summary attached as Appendix 2) as it is for a temporary period associated with M27 improvement works 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 an area of about two hectares to the north of Nursling. The site has a long history of use in connection with mineral working and aggregate processing, and has the benefit of a Certificate of Lawful Use for the processing and distribution of aggregates and related uses. It also has planning permission to 31 July 2010 for recycling construction and demolition waste.

3.2 The planning permission has conditions which restrict the annual tonnage to 15,000 tonnes of waste a year, the number of lorry movements to 60 per day and the hours of working to 0700 to 1800 Monday to Friday, 0700 to 1300 Saturday and no working on Sunday and bank holidays.

3.3 The proposal is to relax these conditions to enable the site to be used for processing concrete as part of the forthcoming M27 improvements. The improvement works are due to start in March 2008 for a period of nine months, however the use of the Lee Lane site will be for the period between May and September 2008. The requirement will be to remove up to 30,000 tonnes of concrete and recoverable construction materials from the motorway and then return the material when processed. This will involve about 1,500 loads to bring in the concrete and about the same number taking out processed material. There would not be overnight or Sunday working, but extended hours are requested to allow the site to operate between 0600 and 2000 Monday to Friday and 0600 to 1500 on Saturday. The application is supported by a Noise Impact Statement.

4. Development Plan

4.1 Hampshire Minerals and Waste Core Strategy (2007) Policy DC8 concerns impact on amenity Policy DC13 concerns waste recycling proposals.

5. Consultations

5.1 Test Valley Borough Council - comments awaited.

5.2 Environmental Health Officer, Test Valley Borough Council raises no objection.

5.3 Environment Agency raises no objection.

5.4 Highway Authority - comments awaited.

5.5 Nursling and Rownhams Parish Council raises no objection.

5.6 Romsey Extra Parish Council raises no objection.

5.7 Councillors Dowden and Perry have been informed.

6. Representations

6.1 Two letters received from local residents raising objection on grounds of adverse impact from lorries passing their house. Current activity already causes disturbance, extended hours are when roads also used by horse riders, cyclists, runners and walkers. If permitted will eventually lead to complete change in operating times.

7. Commentary

7.1 The proposal is to enable the site to be used for recycling in connection with the forthcoming works on the M27, for which the site is well-located, being about two kilometres from the M271. The recycling of material from the M27 works is strongly supported. The issue is the impact for local residents, in particular residents on Station Road which would be on the route to the M271/M27.

7.2 Whilst there would clearly be some additional disturbance by both increased number of lorries and extended hours, these hours are necessary if the site is to be used for recycling because of the timings of the M27 works. It is also noted that the applicant has minimised the additional disturbance by restricting the hours to avoid overnight or Sunday working, which are the most sensitive.

7.3 In conclusion it is considered that there are significant benefits in using the site for recycling associated with the M27 works, and that the proposals minimise the additional disturbance. Therefore it is recommended to approve these variations.

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

Proposed relaxation of conditions (Condition 2: Importation of Waste; Condition 3: Lorry Movements; Condition 4: Hours of Working) for temporary period in connection with forthcoming M27 Motorway Improvement Contract (Junctions 2 to 4) at Lee Lane, Nursling (Application No 08/0050/CMAS) (County Council Ref: TV055)

Environment Department

Castle Avenue

Room G, Lower Ground Floor

1631/PDC

APPENDIX 1

Conditions

    Timescale

      (1) The development hereby permitted shall be for a limited period only, expiring on 31 July 2010. At the expiration of this period the recycling shall cease and the land shall be reinstated to its former condition as soon as possible.

          Reason: To comply with Section 91 of the Town and Country Planning Act 1990 and to secure the visual amenity of the locality, as the building is not considered suitable for permanent retention.

    Tonnage Limit

      (2) No more than 15,000 tonnes of waste shall be imported into the site per year, except for the importation of no more than 30,000 tonnes of construction waste arising from the repair of the M27 Motorway (Junction 2-4) during 2008.

          Reason: To limit the volumes of traffic and environmental impact in the interests of local amenity.

    Lorry Limit

      (3) Unless otherwise agreed in writing by the Waste Planning Authority the total number of lorry movements to and from the site shall not exceed 60 per day, except during the importation of waste from the repair of the M27 (Junction 2-4) during 2008 when the number of lorry movements shall not exceed 120 per day. A daily record of lorry movements shall be kept at the site and be available for inspection by the Waste Planning Authority.

          Reason: To limit the volumes of traffic in the interest of local amenity.

    Hours of Working

      (4) No vehicle shall enter or leave the site and no working shall take place expect between the hours of 0700 to 1800 Monday to Friday, and 0700 to 1300 on Saturday, except for the importation of construction waste and supply of recycled aggregates arising from the repair of the M27 Motorway (Junction 2-4) during 2008 when it may take place between the hours of 0600 and 2000 Monday to Friday and 0600 and 1500 on Saturday. There shall be no working on Sunday, bank and public holidays unless otherwise agreed in writing by the Waste Planning Authority.

      Reason: To protect the amenities of local residents.

    Highways

      (5) No vehicle shall enter the public highway unless its wheels and chassis are clean.

          Reason: In the interests of highway safety and to prevent mud getting on the highway.

    Dust

      (6) The dust suppression measures submitted by letter dated 11 September 2001 shall be implemented in full for the duration of the development.

      Reason: To safeguard the local environment.

    Sign

      (7) A sign shall be maintained at the site entrance advising drivers to turn right for the duration of the development.

      Reason: In the interests of highway safety.

    Protection of Water Environment

      (8) 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.

    Stockpiles

    (9) No stockpiles shall exceed four metres in height.

      Reason: To reduce the visual impact of the site.

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 DPD 2007

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 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.