Archived decisions

Hampshire County Council

Regulatory Committee

25 June 2008

Applicant: WAT Stacy and Partners

Land adjoining M3 Motorway at Andwell Lane, Andwell, Basingstoke - construction of a noise bund
(Application No. BDB/68299) (County Council Ref: BA126)

Report of the Head of Planning and Development

Item 11

Contact: Katherine Snell, ext 5938 email: [email protected]

1. Summary

1.1 Planning permission is sought to form a noise attenuation bund along the northern boundary of the M3 motorway at Priory Farm, Andwell Lane, Andwell, Basingstoke.

1.2 The development is contrary to Policy DC14 of the Hampshire, Portsmouth, Southampton and New Forest National Park Minerals and Waste Core Strategy Development Plan Document, in that it would involve a waste operation in an area of land not identified as suitable for waste disposal. However, it has been demonstrated to the satisfaction of the Waste Planning Authority that the operation could be worked and constructed in a way that would not result in significant adverse landscape or environmental impacts. The bund will provide some much needed noise attenuation for the six properties north of the bordering motorway. Therefore the proposal is in accordance with Policy DC3 and DC6 and permission is recommended.

2. Recommendation

    That planning consent for the construction of a noise bund at land adjoining M3 Motorway at Andwell Lane, Andwell, Basingstoke, be granted for the following reason and subject to conditions set out in Appendix 1.

      Reason for Approval

      It is considered that the proposal accords in principle with the development plan (summary attached in Appendix 2) and would not materially harm the character of the area or the amenity of local residents and would be acceptable in terms of highway safety.

3. Site and Proposal

3.1 The proposal is for a noise attenuation bund formed of inert subsoil to run along the northern boundary of the M3 motorway at Priory Farm, Andwell Lane, Andwell. The nearest properties are Priory Farm Cottages, approximately 170 metres north of the site.

3.2 The bund will measure 250 metres in length and 5 metres in height. The northern slope, being a gradient of 1 in 12, will be restored to agriculture and made available for horses; reinstating the current use. The southern side, being a 1 in 5 slope, will be 1.5 metres from the motorway fence. There will be a fence and planting at the crest. The planting will curve round the corners of the mound and blend into the east and west adjoining land.

3.3 The works are to take approximately 51 non-consecutive working days. Approximately 35,700 tonnes of material will be brought onto site via 20 tonne tipper HGVs, at an average of 35 lorry deliveries per day. The HGVs will enter and leave the site from the south, using the A30 and Greywell Road.

4. Development Plan

4.1 The proposal is contrary to Policy DC14 (a) (Landfill), but accords with Policy DC3 (Impact on Landscape and Townscape) and Policy DC6 (Highways) of Hampshire, Portsmouth, Southampton and New Forest National Park Minerals and Waste Core Strategy.

4.2 The development accords with policies E1 (Development Control) and E6 (Landscape Character) in the Basingstoke and Deane Borough Adopted Local Plan 1996-2011 (Adopted July 2006).

5. Consultations

5.1 Environment Agency has no comment.

5.2 Highway Authority has no objection subject to conditions to ensure appropriate HGV route, access treatment and prevention of mud on highway network.

5.3 Highways Agency has no objection subject to adequate engineering design of the southern slope.

5.4 Basingstoke and Deane Borough Council raises objection on the grounds of visual impact.

5.5 Environmental Health Officer has raised objection as the noise reduction is not deemed significant.

5.6 Mapledurwell and Up Nateley Parish Council has no objection subject to prevention of mud onto Andwell Lane and proof that noise in neighbouring villages will not be exacerbated by the development.

5.7 The local Member, Councillor Elaine Still, supports those comments made by the Parish Council and requires assurance that the material used would be non-toxic.

5.8 Odiham Airfield has no objections.

6. Representations

6.1 One letter of objection has been received from a local resident concerned that the bund would reflect or bounce noise and therefore increase the noise impact that they currently experience.

7. Commentary

7.1 Basingstoke and Deane Borough Council has raised objection on visual impact grounds, specifically on the scale and unacceptable planting scheme. However, the scheme has been amended since the original submission, to include a comprehensive planting scheme with a five year management programme and protection of planting. The design now incorporates the adjoining land in an effort to blend and enhance the landscape.

7.2 The scale and impact of the physical form itself has also been altered. The northern slope has been reduced in gradient by half to a gradual slope. This affords a less intrusive view and will be brought back into grazing use. In light of these changes it is felt that the proposal presented accords with the policies on landscape and design. However, the Borough Council stands by its objection on this issue.

7.3 Possible noise deflection has been raised as a concern from the Parish Council and a local resident. Upon consulting the noise expert, it is stated that as the proposal is not a vertical structure, the majority of sound that is not absorbed goes up, not across. Therefore, sound will not significantly bounce or be reflected to neighbouring villages or houses. Figure 3 (Appendix 3) of the Acoustic Barrier Assessment supplied with the application shows a negligible increase of 1dB in a limited area south of the motorway. This is a localised phenomenon and not expected to impact on any residents. In terms of the resident that has shown concern, their house is approximately 550 metres to the south-west of the site and so should not be affected.

7.4 Councillor Still and the Parish Council raised concern over management of the site and importation of material. The proposal is reinforced by conditions to ensure that mud will not be deposited on the highway and that the route that traffic will take will avoid the northern section of Andwell Lane. A condition is also attached to prevent any inappropriate material being used for the construction of the bund.

7.5 It is noted that the development is not in an area designated for waste disposal activity. However, in this case the site is determined by the benefits it can offer. It is noted that the Environmental Health Officer has raised objection as he does not deem the noise reduction significant. However, the proposal will afford the properties which already benefit from lower noise levels a further decrease in noise impact to the east and west façade. The barrier will provide a reduction of 3dB to the nearest properties (Priory Cottages), allowing that in the garden to fall below 55dB. It is recognised that a difference of 3dB is not significant in itself but the bund will provide a physical visual barrier between this area and the motorway. The removal of the source of noise from sight can often alter the perception of the noise impact and therefore has added subjective value.

7.6 Overall the proposed earth bund would allow six of the seven closest properties to remain below the 55 dB LAeq criterion considered desirable by the World Health Organisation and set as the upper limit of noise for private gardens by BS8233. Therefore, the fact that the development is not in an area designated for waste disposal activity can be justified and as other considerations are found to be acceptable, the development is to be considered on its merits.

7.7 In conclusion, it has been demonstrated to the satisfaction of the Waste Planning Authority that the operation could be worked and constructed in a way that would not result in significant adverse landscape or environmental impacts. The bund will provide some noise attenuation from the bordering motorway for the six properties north of the motorway. Therefore the proposal is in accordance with policy in principle and permission is recommended.

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

Land adjoining M3 Motorway at Andwell Lane, Andwell, Basingstoke - construction of a noise bund (Application No. BDB/68299)

(County Council Ref: BA126)

Environment Department

Castle Avenue

Room G, Lower Ground Floor

1673/KS

APPENDIX 1

Conditions

      Time Limit

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

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

      (2) The tipping operations hereby permitted shall cease on or before two years from the date of this permission, and the site shall be restored in accordance with the planting and management scheme as approved within a further period of six months or such longer period as the Waste Planning Authority may approve in writing.

          Reason: To minimise the duration of disturbance from the tipping operations.

    Hours of Working

      (3) 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: 0730-1800 Monday to Friday and 0730-1400 Saturday. There shall be no working on Sunday or recognised public holidays.

      Reason: In the interests of local amenity.

    Highways

      (4) The access, including tthe verge crossing and the piping of any ditches, shall be constructed and sight lines of 2.4 metres by 68 metres south and 70 metres north provided and maintained in accordance with the details approved by the Waste Planning Authority as shown in principle on drawing JSSANDWELL.1/01.

      Reason: To provide a satisfactory access.

      (5) No excavation of minerals or tipping of waste shall take place until the first 35 metres of the haul road, measured from the highway, has been surfaced with concrete or tarmacadam and details of measures to be taken to prevent mud from vehicles leaving the site being deposited on the public highway have been submitted to the Waste Planning Authority and approved in writing. The measures shall be implemented as approved for the duration of the development and no lorry shall leave the site unless its wheels and chassis have been cleaned sufficiently to prevent mud being carried onto the highway.

      Reason: In the interests of highway safety.

      (6) Heavy goods vehicles will enter and leave the site from the south, using the A30 and Greywell Road.

      Reason: In the interests of highway safety.

    Environment Control

      (7) The imported soils and subsoils shall be in accordance with the Environmental Permitting Regulations. All soils will be uncontaminated and free of litter (eg paper, wood and plastics) and putrescible or biodegradable matter.

      Reason: In the interests of the local environment.

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 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.

Basingstoke and Deane Borough Adopted Local Plan 1996 - 2011 (Adopted July 2006)

Development Control

Policy E1

Proposals for new development will be permitted provided that they are of a high standard of design, make efficient use of land, respect the amenities of neighbouring occupiers, and do not result in inappropriate traffic generation or compromise highway safety. All development proposals should therefore:

i. Respond to the local context of buildings in terms of design, siting, density and spacing, reinforce attractive qualities of local distinctiveness and enhance areas of poor design; extensions should respect their host building; and

ii. Provide a comprehensive landscaping scheme, where appropriate, enabling the development to successfully integrate with the landscape and surrounds, and not result in the loss of or have a potentially adverse impact on protected trees; and

iii. Not generate traffic of a type or amount inappropriate for roads, properties or settlements in the locality, and provide safe and convenient access for all potential users, integrating into existing movement networks and open spaces; and

iv. Provide a co-ordinated and comprehensive scheme that does not prejudice the development of adjoining land; and

v. Incorporate features to minimise the energy consumed in the construction and future use of the building, conserve water and minimise water use; and

vi. Create attractive public spaces, which are safe, minimise opportunities for crime, facilitate public enjoyment, and foster the legibility of the built environment; and

vii. Minimise the potential for pollution of air and soil and not create noise or light which harms living and working conditions or the public's enjoyment of the built and natural environment.

Landscape Character

Policy E6

Planning permission will only be granted where it is demonstrated that the proposals will be sympathetic to the landscape character and quality of the area concerned.

Development proposals should contribute to the regeneration, restoration, repair or conservation of any landscape likely to be affected. In particular they should respect, and improve the following:

i. the particular qualities of the relevant Landscape Character Area as defined in the Basingstoke and Deane Landscape Assessment; and

ii. visual amenity and scenic quality; and

iii. the setting of a settlement, including important views to, across and out of settlements; and

iv. the local character of buildings and settlements, including important open areas; and

v. trees, hedgerows, water features and other landscape elements and features; and

vi. historic landscapes, features and elements.

Consideration will also be given to the impact that development would have on sense of place, sense of remoteness or tranquillity, and the quiet enjoyment of the landscape from public rights of way.

The designation of the North Wessex Downs AONB reflects the national importance of that landscape. In addition to the other requirements of this Policy, applications for development in the AONB will be determined in accordance with the policy in PPS7 also having regard to the setting of the AONB.