Contact: Julia Davey, ext 6732 email: [email protected]

1. Summary

1.1 Planning permission is sought for the development of land to retain the existing temporary recycling facility as a permanent recycling facility without complying with Condition (2) (time limit) and Condition (13) (restoration) of Planning Permission TVS01051/9 at Bunny Lane, Timsbury.

1.2 The application is a departure from the development plan. It proposes a facility contrary to policy set out in the Hampshire Minerals and Waste Core Strategy for the location of waste facilities and general policies in the Test Valley Local Plan concerning development in the countryside. However, the adjacent landfill has capacity and is likely to have a life beyond its current permission expiry in 2011. So there is justification to allowing the ancillary recycling facility to stay for a further period. The development plan allows for this exception.

1.3 The application includes letters of support from SITA Waste Management, Raymond Brown and Veolia.

1.4 The recommendation is to grant permission for a temporary period of seven years (2015) as ancillary to the landfill which is reasonably expected to have an extended life.

2. Recommendation

That planning permission be granted for the development of land to retain the existing temporary recycling facility as a recycling facility for a temporary period of seven years only without complying with Condition (2) (time limit) and Condition (13) (restoration) of Planning Permission TVS01051/9 at Bunny Lane, Timsbury - to enable existing waste contracts to be honoured/renewed thus ensuring continuity of waste management and in anticipation that tipping will commence in the near future on the Bunny Lane landfill site.

Reason for Approval

It is considered that a short-term permission of seven years, whilst a departure from the development plan (because it takes the recycling facility beyond the current end date for the landfill), is considered reasonable in the light of the landfill permission being extended and for that period the use will remain an ancillary development.

3. Site and Proposal

3.1 The site, as shown on the attached plan, extends across 3.35 hectares of derelict land, within an area designated as countryside in the Test Valley Borough Local Plan at Timsbury, near Romsey. The Bunny Lane Landfill, comprising approximately 43 hectares, borders the site to the north and east. To the west of the site, the land is rough grazing which falls away to the valley of the Test. At the southern boundary of the site is Bunny Lane, a rural road that serves a Household Waste Recycling Centre (HWRC), and Casbrook Industrial Park.

3.2 The nearest residential properties lie to the north of the site beyond the old Redland Tileworks on Rudd Lane. Test Valley Borough Council has granted planning permission for a housing development comprising around 30 houses on the old Redland Tileworks site. Site preparation works relating to demolition of existing industrial buildings and remedial works are understood to have just commenced.

3.3 The application site is accessed from the existing Bunny Lane Landfill entrance onto Bunny Lane. It is also the main point of access to the Hunts Farm Quarry to the north of Rudd Lane. A public footpath shares the initial part of the haul road off Bunny Lane.

3.4 There are two existing waste transfer businesses in the vicinity. Ace Liftaway operates an enclosed waste transfer station from the Yokesford Hill Industrial Estate and BKP which operates a waste transfer station from Casbrook Industrial Park on Bunny Lane. Both these recycling/transfer facilities are located on employment land and thus consistent with the development plan.

3.5 Current planning permissions at Bunny Lane are for landfilling until 2011. SITA UK Limited, which has the rights to operate the adjacent landfill site, has submitted correspondence to the County Council with relation to this application, confirming that it is in discussion with the Environment Agency about securing relevant permits to tip at the landfill site and is preparing a planning application for submission regarding extension of time and other matters relating to the landfill site.

4. The Proposal

4.1 Planning permission is sought to allow the existing temporary recycling facility to be retained as a permanent recycling facility by varying Condition (2) (time limit) and Condition (13) (restoration) of Planning Permission TVS01051/9 at Bunny Lane, Timsbury.

4.2 Planning permission TVS01051/9 was granted on 28 April 2006 for a waste materials recycling facility. Condition 2 states:

"permission hereby granted shall be for a limited period expiring on 30 June 2009, unless tipping has been authorised to recommence at Bunny Lane landfill in which case the period shall be extended to 10 September 2011, after which date the waste recycling facility shall be discontinued permanently and the site restored in accordance with Condition 13 within a further period of 6 months."

4.3 The applicant states that the recycling facility has been developing and operating since planning permission was granted in April 2006 and that over £1,000,000 in recycling plant and equipment has been spent on the facility. Staff have also been hired and trained in necessary skills and the operation has established a sound reputation in Timsbury, Romsey and Southampton area for an efficient and successful operation.

4.4 The applicant adds it has received no complaints and only support and encouragement from the local community and that there is now an even greater need for such facilities as agreed by stakeholders in the County Council's `More for Less' process and the site is also being reviewed through the Waste Development Framework process.

4.5 The applicant states that the removal of the threat of imminent closure would provide the commercial incentive for increased investment - something that cannot happen under a short term temporary permission with less than 15 months remaining of the existing permission. It is stated that further investment is needed now and cannot wait for the Waste Development Framework to be completed by the County Council and the Local Development Framework to be completed by Test Valley Borough Council. The applicant highlights the view that the Government requires that through PPS10, waste recycling facilities are so important that refusal on grounds of prematurity would not normally be justified.

4.6 The application includes letters of support from Raymond Brown Minerals and Recycling Limited, SITA UK Limited and Veolia Environmental Services.

5. Development Plan

5.1 Hampshire Minerals and Waste Core Strategy (July 2007) policies S1, S3, S4, S5, S9, S14, S16 and DC13 apply.

5.2 Test Valley Borough Local Plan 2006 policies SET03, DES01 and DES10 apply.

6. Consultations

6.1 Braishfield Parish Council objects to the application and states the current noise levels emanating from the site are significant and would cause an impact also to the proposed housing on the former Redland Tileworks site. The development should not become a permanent facility and should be returned to open space when landfill in the immediate surrounding area is complete. Any conditions should include wheel-washing as this is a problem in wet weather.

6.2 Michelmersh and Timsbury Parish Council - comments awaited.

6.3 Romsey Extra Parish Council - comments awaited.

6.4 The Environment Agency - comments awaited.

6.5 The Environmental Health Officer raises no objection to the proposal subject to the noise, dust and hours of working conditions on the current permission being transferred across to any new permission that may be granted for this application.

6.6 Test Valley Borough Council - comments awaited.

6.7 The local Member, Councillor Woodall, supports the principles of recycling and acknowledges the significant role the existing facility is having in the local area and would support a temporary extension of time.

6.8 The adjacent local Member , Councillor Dowden, has been informed of the proposal.

6.9 The adjacent local Member, Councillor Perry, states that he can understand that the necessary investment on the site would not be forthcoming on a short-term permission and this is one of the least objectionable sites for a materials recycling facility.

6.10 The Highways Adviser raises no objection to an extension of time.

6.11 Rights of Way states that the footpath is used as a haul route to the site and its character has been devalued since the recycling facility was implemented. It would therefore not support the facility becoming permanent but if Members decide it should become permanent then it would be preferable to negotiate a more satisfactory and enjoyable route for the path.

6.12 BAA Airport safeguarding states that the proposal could conflict with safeguarding criteria unless a condition is attached to any permission granted preventing putrescible materials from being imported to the site and restricted importation to non-putrescible materials only.

7. Representations

7.1 One representation has been received to the application objecting to the proposal on the grounds of current impacts of noise and dust and the significance of such impacts if development were made permanent. Rudd Lane and Bunny Lane were once a pleasant recreational area but now they are full of hazards. The new housing development to be constructed at Rudd Lane would also suffer.

7.2 Ace Liftaway Waste Services, Waste Recycling and Sanitation Services of Yokesford Hill Industrial Estate has written a letter of support for the application stating that in the last 10 months Ace Liftaway has formulated a working synergy with RFSF Recycling. It states that the two companies have established a mutually beneficial line of communication and an understanding of the potential benefits to the county of the two sites working together. It adds that a sustainable recycling programme through combined resources and development could provide potential for the future of recycling throughout Hampshire.

8. Commentary

8.1 The application site with the Bunny Lane Landfill and Hunts Farm Quarry has a complex history. Ownership and operator issues complicated by changing environment permitting requirements have together confounded progress to completing landfill operations at Bunny Lane and to restore the land to a productive use. However Hunts Farm, after many years of dormancy, is now being restored and discussions are taking place with the Environment Agency about a permit to enable landfilling to re-commence at Bunny Lane once Hunts Farm Quarry has been satisfactorily restored. Materials from the application site are being used to help restore the Hunts Farm Quarry. SITA states in a letter accompanying the application that the company intends to submit a new application for tipping of non-hazardous waste at Bunny Lane by the end of 2008.

8.2 The principle of a temporary recycling facility ancillary to Hunts Farm and Bunny Lane is supported by planning policy but this application is for a stand alone permanent recycling facility and would be contrary to the development plan. Accordingly, it is considered that the only permission that could be justified would be a further temporary permission. It is noted that an application is expected at Bunny Lane which would extend its life. Given there is a reasonable expectation that this would be successful as there is considerable capacity within the current permission and the land is identified in the Hampshire Mineral Plan consultation, a medium term extension of life for the recycling facility can be justified.

8.3 It is noted that there has been one objection to the proposal based on dust and noise and the issue of a permanent site in the countryside. The latter point is addressed above but in terms of dust and noise it is noted that the Environmental Health Officer is raising no objections to the proposal subject to the existing approved dust and noise schemes being carried forward as part of any permission that may be granted.. It is also noted that the local Member also raises no objection to a further short-term permission.

8.4 It is recommended that a temporary permission should be granted for a period of seven years, subject to conditions.

1671/JD

APPENDIX 1

Conditions

Time Limit

(1) Permission hereby granted shall be for a limited period expiring on 30 June 2015 after which time the importation sorting and processing of waste shall cease and the inert waste recycling facility subject of this application shall be discontinued permanently, all plant hardstandings, bunds, fencing, offices and ancillary development removed, and the site shall be restored to agriculture in accordance with Permission No.TVS4769/2 (or as otherwise superseded) within a further period of six months.

Reason: The development is of a type not considered suitable for permanent retention.

Ancillary Activity

(2) The recycling facilities shall be used in association only with the restoration scheme permitted for Hunts Farm Quarry and `inert' arisings from the recycling shall not be tipped other than in the Hunts Farm Quarry until Hunts Farm is restored in accordance with its planning permission. After this time, the recycling inter arisings shall be tipped at Bunny Lane provided an environmental permit has been issued by the Environment Agency.

Reason: The use is ancillary to the permitted restoration scheme at Hunts Farm Quarry and Bunny Lane.

Noise Control

(3) Reversing alarms attached to vehicles visiting and machinery reversing on the site shall be low-level and tonal `white noise' type alarms.

Reason: In the interests of local amenities.

Landscaping

(4) The scheme of advanced planting approved under planning permission no. TVS01051/9 on 20 September 2006 shall be fully implemented as approved on the western and southern site boundaries (including the banks outside and adjacent to the application site, but within the applicant's control) to the satisfaction of the Waste Planning Authority in the first planting season following the issue of this permission unless otherwise agreed in writing by the Waste Planning Authority.

Reason: In the interests of local amenities.

(5) The bunds surrounding the site shall be fully implemented, graded as approved under planning permission no. TVS01051/9 on 20 September 2006 within three months of the date of this permission, and seeded in the next available planting season following this permission (as approved under TVS0151/9) and kept weed free for the duration of this permission, to the satisfaction of the Waste Planning Authority.

Reason: In the interests of local amenities.

Rights of Way

(6) The adjacent Public Right of Way and its users shall be protected in accordance with the scheme approved under planning permission no. TVS01051/9 on 20 September 2006 for the duration of this permission.

Reason: In the interests of the safety of users of the adjacent public Right of Way.

Hours of Working

(7) No machinery shall be operated, no process carried out and no deliveries taken at or despatched from the site outside the following times: 0730 to 1730 hours Monday to Friday and 0730 to 1230 hours on Saturday. No working shall take place on Sunday or public holidays.

Reason: In the interests of local amenities.

Pollution Control

(8) Any above ground oil/chemical storage tank/container and associated pipework shall be bunded in a manner so as to retain at least 110% volume of the tank capacity.

Reason: To prevent pollution of the water environment.

(9) Operational drainage systems, hardstandings and waste bay construction shall be implemented as approved under planning permission no. TVS01051/9 on 20 September 2006.

Reason: to prevent the pollution of groundwater.

Dust

(10) Dust control and suppression shall be implemented in accordance with the scheme approved under planning permission no. TVS01051/9 on 20 September 2006.

Reason: In the interests of local amenities.

Restoration

(11) The site shall be restored as the final phase in the revised scheme of tipping approved under Permission No. TVS4769/2 (subsequently carried forward by planning permission no. TVS01051/9) unless otherwise agreed in writing by the Waste Planning Authority.

Reason: To ensure an orderly and progressive restoration of the adjacent landfill.

Type of Material

(12) No material shall be imported to the site other than inert waste as defined by the Landfill Directive (article 2 (e)) save any mixed skip waste that should be immediately separated and exported from the site.

Reason: To ensure no odours arise from the site and no contamination of the recyclables and residual material.

APPENDIX 2

Annexe to Reasons for Conditions

(as required by Article 22 of the Town and Country Planning

(General Procedure) Order 1995 - as amended)

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TEST VALLEY BOROUGH LOCAL PLAN 2006

SET 03:

DEVELOPMENT IN THE COUNTRYSIDE

Development in the countryside (i.e. outside the boundaries of settlements defined by Policy SET 01 and shown on the Inset Maps) will only be permitted if:

1. there is an overriding need for it to be located in the countryside; or

2. it is of a type appropriate in the countryside as set out in Policies SET 06 - 13, ESN 05-09, ESN 11, ESN 13 - 14, ESN 23 -25 and ESN 27 - 33.

For developments that require a building or buildings, it must be demonstrated that in the locality there are no existing buildings:

1. which are adequate for the proposed use;

2. which reasonably could be made available;

3. which have been severed from an existing farm unit; or

4. which have recently changed from the proposed use.

DES 01:

LANDSCAPE CHARACTER

Development will be permitted provided that:

1. it can be accommodated without detriment to the distinctive landscape qualities of the area within which it is located;

2. its visual impact is in keeping with the local character of the area; and

3. there is sufficient landscaping to enable the development to integrate successfully into the local environment.

Development will not be permitted where it would detract from the local landscape due to the inclusion of unnatural landscape features, such as artificial bunds, or except in the case of landmark buildings the breaking of important skylines or ridgelines.

DES 10:

NEW LANDSCAPING

Development will be permitted provided that new hard and soft landscaping, in conjunction with the retention of existing landscape, wildlife and amenity features where appropriate, is sufficient to enable the development to integrate successfully into the local environment.

Hampshire Minerals and Waste Core Strategy DPD 2007

Policy S1 - Sustainable Design, Construction and Demolition

New built development should facilitate the efficient use of resources through:

a. Designs and layouts that allow the effective sorting, recycling and composting of waste;

b. Design principles and construction methods that minimise primary aggregate use and encourage the use of high-quality building materials made from recycled and secondary sources;

c. Construction and demolition methods that minimise waste production and re-use/recycle materials, as far as practicable on-site.

Policy S3 - Net Self-Sufficiency

By 2016, Hampshire will achieve `net self sufficiency' in waste management capacity and waste will be disposed of at the nearest appropriate site. No provision will be made for London's waste in the period to 2016, provision post-2016 will be considered by a review of the Strategy.

Policy S4 - Recycling and Composting

There will be a progressive increase in the average recycling and composting rates for all municipal, commercial and industrial waste to 50% in 2010; 55% in 2015 and; 60% in 2020.

Policy S5 - Capacity Requirements for Recycling, Composting and Recovery and Treatment

Waste management capacity (including specialist facilities as detailed in Policy S7) will be provided in the period to 2020, as follows:

Recycling and Composting - facilities for the reception, storage, segregation and processing of 1.86 million tonnes a year of municipal, commercial and industrial waste (and associated bulking-up, transfer and contingency storage facilities);

Recovery and Treatment - facilities for the reception, storage and treatment of 0.93 million tonnes a year of municipal, commercial and industrial waste (and associated bulking-up and transfer facilities).

Policy S9 - Recycled and Secondary Aggregates

By 2016, production capacity will be provided for the supply of recycled and secondary aggregates at a rate of 1.7 million tonnes a year, including provision for the reprocessing of 100,000 tonnes of incinerator bottom ash.

Policy S14 - Safeguarding of Existing Development

All existing minerals and waste sites, including associated transport infrastructure, which are needed for future requirements will be safeguarded. These requirements will be determined by a review of all such sites. Sites identified, in the Hampshire Minerals or Waste Management Plans, or on the Proposals Map, to fulfil the requirements of this Strategy will also be safeguarded. Pending the outcome of this review, all existing sites will be safeguarded. Incompatible development, within 250 metres of existing or planned quarries and landfills or within 50 metres of other mineral/waste operations, will not be supported.

Policy S16 - Location of Waste Management

All areas of major new development, including those on greenfield and brownfield land, and especially those containing new or redeveloping employment land, should accommodate an appropriate proportion of the waste management capacity for recycling, composting or recovery and treatment set out in Policy S5.

Strategic facilities shall be located within the North East Hampshire or South Hampshire areas shown on the Key Diagram.

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.