Archived decisions
Hampshire County Council Regulatory Committee 25 June 2008 Applicant: Mr A Fisk Change of use of an agricultural building and adjoining land for the storage and processing of builders' waste at Heberdens Farm, Finchdean (Application No. F22407/004/CMA) Report of the Head of Planning and Development |
Item 10 |
Contact: Katherine Snell, ext 5938 email: [email protected]
1. Summary
1.1 Planning permission is sought for the change of use of an agricultural building and adjoining land for the storage and processing of builders' waste at Heberdens Farm, Finchdean.
1.2 The main issues are the impact of inert waste storage within the site, the impact of lorry traffic on the local road network and poor access. Although the re-use of redundant agricultural buildings would be acceptable in some circumstances, it is concluded that waste storage and processing of the waste is inappropriate intensification of the countryside and contrary to the designation of the area as an Area of Outstanding Natural Beauty (AONB) and the area's distinctive landscape. The justification of farm diversification does not outweigh the adverse impact to landscape and amenity, nor does it meet the requirements of rural diversification as set out by East Hampshire District Local Plan.
1.3 Similarly, the adverse impact on the recreational value of the area is unacceptable. Moreover, the impact of the lorry traffic through the village of Finchdean would be unacceptable. The local roads, Ashcroft Lane and Finchdean Road, are unsuitable for taking the lorry traffic. Therefore it is recommended to refuse planning permission.
2. Recommendation
That planning permission in respect of the change of use of an agricultural building and adjoining land for the storage and processing of builders' waste at Heberdens Farm, Finchdean (Application No. F22407/004/CMA) be refused for the following reasons:
Reason for Refusal
(i) It is considered that the proposal is contrary to policies DC2, DC3 and DC8 of the Hampshire Minerals and Waste Core Strategy DPD 2007, in that it would prejudice the purpose of the designated sites and have a significant adverse impact on the distinctive character of the landscape and amenity of the area.
(ii) It is considered that the proposal is contrary to policy DC6 of the Hampshire Minerals and Waste Core Strategy DPD 2007 in that inadequate visibility splays are provided at the junction of the site access and Ashcroft Lane; Ashcroft Lane and Finchdean Road which would cause danger and inconvenience to users of the adjoining highway. Ashcroft Lane has a sub-standard junction with the Finchdean Road which is inadequate to safely accommodate the additional traffic which the proposed development would generate and Ashcroft Lane is of inadequate width and alignment to safely accomodate the type and amount of traffic likely to be generated by the proposal.
3. Site and Proposal
3.1 The application site is 0.09 hectares and is situated to the north of the rural settlement of Finchdean, East Hampshire. The site comprises an existing open `Dutch barn' with a small area of land to the east, approximately 320 square metres. The site is at the highest elevation of the farm and forms part of a collection of agricultural buildings set within the surrounding countryside. The areas has been designated as an Area of Outstanding Natural Beauty (AONB) and is within the proposed South Downs National park. The current use of the farm is as part of a working farm and livery.
3.2 Approximately 150 metres to the east of the site is a railway line running to the north and south. Some 140 metres to the south-east of the site is a farmhouse and associated buildings which are also in the ownership of the applicant. Further south beyond that is the village of Finchdean.
3.3 Access to the site is via the private road off Ashcroft Lane. This access point adjoins the junction of the main vlllage road (Finchdean Road) and Ashcroft Lane. There is no line of sight to the left, nor any pavements at this main junction.
3.4 The proposed change of use is to regularise the barn and adjacent land to be used for the storage of builders rubble/waste and processing in connection with a local builder. This diversification will provide income from the use of otherwise redundant buildings and space and it is said would provide additional income to enable the farm business to survive.
3.5 It is estimated that up to approximately 150 tonnes of material per week would be brought onto and temporarily stored at the site. This will comprise non-toxic materials such as soil, concrete, stone, and other builders' rubble. Once at the site the rubble/waste will be sorted into usable material for driveways, house extensions, new builds and other similar projects in association with the applicant's business.
3.6 In order to sort the incoming rubble/waste a trommel screen grading machine will be used on site for a maximum of two days a week for between 4-6 hours a day, between the hours of 10 am and 4 pm.
3.7 Additional machinery, including an excavator and a dumper, may also be required on site to move the rubble/waste material.
3.8 Once the waste material has been graded, the soil will be used for landscaping and the crushed concrete for driveways, etc. Any remaining waste would be transported off the site and disposed of at an appropriate licensed landfill/transfer station facility.
3.9 Transportation of the waste will involve the use of 26 tonne six wheeled grab lorries, moving approximately 4 to 6 loads per week. These would make use of the existing access road between the site and Ashcroft Lane. The site has been used for the above operations for approximately two years, so this application seeks to regularise the ongoing activity.
4. Development Plan
4.1 Hampshire Minerals and Waste Core Strategy DPD (2007): Policies DC2 (Sites with International and National Designations), DC3 (Impact on Landscape and Townscape), DC6 (Highways) DC8 (Pollution, Health, Quality of Life and Amenity) and DC13 (b) (Waste Management and Recycling) are relevant.
4.2 The East Hampshire District Local Plan: Second Review (Adopted August 2006): Policies C1 (Area of Outstanding Natural Beauty), GS3 (Protecting the Countryside) and C13 (Rural Diversification) are relevant.
5. Consultations
5.1 Environment Agency has no objection.
5.2 Natural England objects to the proposal in order to safeguard the designation of the AONB, in particular the adverse impact on tranquility and landscape.
5.3 Highway Authority has a holding objection. Further information has been requested to demonstrate that the visibility of the junction is suitable and that additional traffic can be accepted safely onto the road network.
5.4 Environmental Health Officer has no objection subject to hours of use condition.
5.5 East Hampshire District Council raises objection on the grounds that the proposal will harm the overall character of the local landscape, contrary to policies GS3, C1 and C13 of the East Hampshire District Local Plan.
5.6 The Rights of Way Officer raises objection on adverse impacts on two public rights of way routes and non-compliance with East Hampshire District policies.
5.7 South Downs Joint Committee Officer objects to the application as being harmful to the special qualities of the AONB and contrary to the South Downs Management Plan and South Downs Planning Guidelines.
5.8 Rowlands Castle Parish Council objects on the increase of HGV traffic travelling through the village as a result of this proposal.
5.9 The local Member, Councillor Sam Payne, objects on the increase of HGV traffic travelling through the village as a result of this proposal.
5.10 Councillor Mrs Byrom raises objection on the grounds of increasing inapproriate traffic through the village.
6. Representations
6.1 To date there have been 11 letters of objection from local residents. The grounds for objection are mainly concerned with traffic and protecting the integrity of the AONB. The objections have been listed as follows:
(i) HGVs in principle are of concern; the village and surrounding highway network is made of narrow lanes, with no pavements. The access to the site is from an unadopted road, with low visibility for both drivers, horse riders and pedestrians when accessing and exiting the site.
(ii) The increase of traffic numbers is also of concern; the village is already congested due to not being on mains sewerage or gas. There is an accumulation of non-agricultural traffic already using the junction between Ashcroft Lane and Finchdean Road to gain access to Heberdens Farm.
(iii) There is concern over the storage and waste materials; with potential for the contamination of local water supplies. There is the potential risk of noise and dust.
(iv) The solitude and tranquillity of the area will be disturbed.
(v) The proposal will be highly visible and spoil the protected landscape.
7. Commentary
7.1 It is accepted that the site is screened from the nearby village by surrounding building and vegetation and by its elevated position. However, the location of the site is contrary to policy on several counts. The site is exposed and viewable from other high levels in the surrounding AONB and two public footpaths are within the vicinity (approximately 350 metres). The Hampshire Minerals and Waste Core Strategy stipulates in Policy DC2 (Sites with International and National Designations) that waste development, which is likely to prejudice the purpose of the designated sites, will not be permitted unless the reasons for development outweigh the likely adverse impact. The associated noise and visual impact are regarded as unacceptable and notwithstanding the applicant's financial situation, there does not seem to be an over-riding reason for the site to be based at Heberdens Farm. This is further supported by Policy DC3 (Impact on Landscape and Townscape), which requires due consideration to be given to the need to maintain and enhance the distinctive character of the landscape.
7.2 The proposal is also in contradiction to policies from the East Hampshire District Local Plan. Policy C1 (Area of Outstanding Natural Beauty) reflects the same view as the Core Strategy, GS3 (Protecting the Countryside) allows for development which is necessary for farming, or any other genuine and proven need for which a countryside location is essential, and it would not harm the overall character, quality, tranquillity and appearance of the countryside. As discussed above, the proposal would not satisfy this criteria. Nor it is deemed that the proposal accords with Policy C13 (Rural Diversification) as any development should not harm the character of the local landscape or other local amenity.
7.3 The proposal is in conflict with Policy DC6 (Highways) of the Hampshire Minerals and Waste Core Strategy. The junction of Finchdean Road and Ashcroft Lane, necessary to enter the site, has severely limited visibility for both vehicle and pedestrian traffic. The surrounding roads are narrow with few pavements and not suitable for large vehicles. It is accepted that the number of trips are minimal, but these will add to the existing agricultural and non-agricultural traffic using the access and village roads. The applicant has supplied a `sweep path analyis' but this is not enough to alleviate concerns of the potential danger of HGVs using this access.
7.4 The Highway Authority has given a response of a holding objection. This is because the application and information provided has been considerd and consequent concerns raised over the access point at Ashcroft Lane/Finchdean Road. An automatic traffic count to demonstrate the level of traffic and speeds on Finchdean Road at the junction of Ashcroft Lane for a period of one week has been requested.
7.5 It is acknowleged that the proposal is in accordance with Policy DC13 (b) - Waste Management and Recycling, in terms of re-using redundant agricultural buildings. However, the proposed site is an open style `Dutch barn' that would offer no screening for visual impact nor noise attenuation. Due to the elevated position of the site, the use of machinery, vehicles and the storage of the materials would be clearly visible and adversely affect the tranquility of the area.
7.6 Notwithstanding that the Core Strategy supports the re-use of redundant agricultural buildings, it is concluded that storage and processing of the waste is inappropriate intensification and contrary to the designation of the area. The justification of farm diversification does not outweigh the adverse impact to landscape and amenity, nor does it meet the requirements of rural diversification as set out by East Hampshire District Local Plan. Similarly, the adverse impact on the recreational value of the area is unacceptable. Moreover, the impact of the lorry traffic through the village of Finchdean would be unacceptable. The local roads, Ashcroft Lane and Finchdean Road, are unsuitable for taking the generated lorry traffic. Therefore it is recommended to refuse planning permission.
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. | |
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1. |
Published works. |
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Documents which disclose exempt or confidential information as defined in the Act. |
TITLE |
LOCATION |
Change of use of an agricultural building and adjoining land for the storage and processing of builders' waste at Heberdens Farm, Finchdean (Application No. F22407/004/CMA) |
Environment Department Castle Avenue Room G, Lower Ground Floor |
1713/KS
APPENDIX
Annexe to Reasons for Refusal
(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 DC2 - Sites with International and National Designations
Minerals and waste development, which is likely to prejudice the purpose of the following designated sites, will not be permitted unless the reasons for development outweigh the likely adverse impact, taking into account the requirements of relevant legislation and guidance.
Internationally Designated Sites:
European Sites (Special Protection Areas, proposed Special Protection Areas, Special Areas of Conservation, proposed Special Areas of Conservation) and Ramsar sites (Wetlands of International Importance);
Nationally Designated Sites:
The New Forest National Park, the proposed South Downs National Park and Areas of Outstanding Natural Beauty; National Nature Reserves, Sites of Special Scientific Interest; Scheduled Ancient Monuments and their settings; Conservation Areas, Listed Buildings, and sites on the National Register of Parks and Gardens of Special Historic Interest; Registered Battlefields.
In all cases, applications will be subject to the most rigorous examination.
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 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.
The East Hampshire District Local Plan: Second Review (Adopted August 2006)
C1 (Area of Outstanding Natural Beauty)
Planning permission will not be granted for any proposal to develop in or adjacent to an Area of Outstanding Natural Beauty (AONB) which would harm its special character, quality, tranquillity and appearance of its landscape unless it is essential for its economic or social well-being. In considering such a proposal, particular attention will be given to the need to protect or enhance:
a) the landscape character of the countryside;
b) settlements in the wider landscape; and
c) land at the urban edge.
Planning permission for major development proposals in the AONB will be granted only in exceptional circumstances. In addition to meeting the criteria listed above, applications will need to be accompanied by assessments of:
i) the need for the development, including in terms of any national considerations, and its effect upon the local economy;
ii) the cost of, and scope for, developing elsewhere outside the designated area, or meeting the need for it in some other way; and
iii) any detrimental effect on the environment, the landscape and recreational opportunities, and the extent to which that could be moderated.
C13 (Rural Diversification)
Planning permission for an enterprise in the countryside which forms part of a farm diversification scheme will be permitted only if:
a) the scheme where possible re-uses existing buildings;
b) where a new building is required and no existing building is available for conversion, it is sited within an existing group of buildings;
c) it does not harm the character of the local landscape or other local amenity; and
d) the traffic generated is not of a type or volume that would cause inconvenience or danger on the public highway, or would require improvements that would harm the character of rural roads.
GS3 (Protecting the Countryside)
The countryside, defined as the area outside settlement policy boundaries, will be protected for its intrinsic character and beauty. Planning permission will not be granted for development within it unless all the following criteria are met:
a) it is necessary for farming, forestry, countryside recreation, small-scale tourism or any other genuine and proven need for which a countryside location is essential;
b) it would not harm the overall character, quality, tranquillity and appearance of the countryside;
c) it would not harm the intrinsic local character of the landscape, sense of place or local distinctiveness; and
d) the type and volume of traffic generated would not result in danger or inconvenience on the public highway, or harm the rural character of local roads.
Provided that:
the development would not harm the overall character, quality, and appearance of the countryside, which shall be protected for its own sake; and
the type and volume of traffic generated would not harm the countryside.