Archived decisions

Decision Maker:

Regulatory Committee

Date of Decision:

26 November 2008

Decision Title:

Applicant: SCA Recycling UK Limited

Change of use of existing industrial building to a Materials Recycling Facility with subsequent amendments to service yard, site access and entrance to building and provision of new weighbridges, fuel tank and landscaping at Hounsdown Business Park, Totton
(Application No. 08/92603)(County Council Ref: NF257)

Decision Reference:

391

Report From:

Head of Planning and Development, Environment Department

Contact name:

Peter Chadwick

Tel:

01962 846728

Email:

[email protected]

EXECUTIVE SUMMARY

1) Background:

1.1. The proposal is to use an existing warehouse at Hounsdown Industrial Park as a Materials Recycling Facility (MRF) to process about 200,000 tonnes per annum (tpa) of waste paper and recyclables. In addition it is proposed to construct three weighbridges, a weighbridge office, extend the operational yard into existing car park, three new loading/unloading doors, extension to hardstanding to the north of the warehouse to accommodate additional vehicle turning and construction of a three metre wide canopy over the existing loading dock area.

1.2. The building has planning permission for B2/B8 uses (granted by New Forest District Council) and has been constructed in accordance with this permission. The permission has no restrictions by condition on lorry traffic nor hours of operation.

2) Issues:

2.1. In principle the proposal is in accordance with policy, as it involves the re-use of an existing industrial building. Operationally the proposal is very similar to a B2/B8 use and is compatible with the permission granted by New Forest District Council. The main issues are the associated lorry traffic, environmental impacts, particularly in relation to noise and air quality, and concerns by other users of the Hounsdown Business Park about a deterioration in their environment.

2.2. It is considered these impacts are not unacceptable and can be controlled by condition and that the proposal is an appropriate use within the Business Park. Consequently it is recommended to grant permission.

3) Recommendation:

3.1. That, subject to a legal agreement to secure a highway contribution, planning permission in respect of change of use of existing industrial building to a Materials Recycling Facility with subsequent amendments to service yard, site access and entrance to building and the provision of new weighbridges, fuel tank and landscaping at Hounsdown Business Park, Totton be granted for the following reason and subject to the conditions set out in Appendix 1.

4) Reason for Decision:

4.1. The proposal is in accordance with policy, as it involves the re-use of an existing industrial building within an existing Business Park. Operationally the proposal is very similar to a B2/B8 use and is compatible with the permission granted by New Forest District Council. The issues are the increase in lorry traffic associated with the proposals and potential impacts of noise, dust and odour. It is considered these impacts are not unacceptable and can be controlled by condition and that the proposal is an appropriate use within the Business Park. Therefore it is considered that the proposal is in accordance with the development plan (summary attached as 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 and convenience.

1) Site and Proposal:

1.1. The site comprises an area of 2.83 hectares within the Hounsdown Business Park which is on the southern outskirts of Totton. The nearest houses are about 400 metres to the north and Hounsdown Secondary School adjoins the Hounsdown Business Park to the west.

1.2. The site contains a large modern industrial building measuring 150 metres long by 80 metres wide by 14 metres high. This was granted planning permission (No. 73257 granted 17 January 2002) following the earlier outline consent (No. 066237 granted 4 April 2000) for business, industrial and warehouse development. The building has 10,400 square metres warehouse space and 1,150 square metres office space. In addition there is a delivery yard with parking for 15 delivery vehicles and a car park with 130 parking spaces. The Business Park has two entrances, one directly from the A326 from the eastern carriageway and the other onto Marchwood Bypass. The site itself has two accesses off Bulls Copse Road.

1.3. The proposal is to use the existing building for a Materials Recycling Facility (MRF). This would require internal alterations for the installation of the recycling plant and reconfiguration of the existing office and welfare facilities.

1.4. When fully developed the proposed MRF would handle about 200,000 tpa of dry recyclables. Phase 1 would handle 100,000 tpa of separately collected recovered paper. Phase 2 would increase by handling 75,000 tpa of additional recyclables (plastic and metal) from commercial, industrial and municipal sources. Phase 3 would add glass, taking total throughput to 200,000 tpa. It is estimated the MRF would employ about 80 full-time staff working three shifts.

1.5. The recycling plant would include manual and mechanical screening, optical technology and air separation technology to maximise the quality of the recycling. Separated materials, other than glass, would be baled. All storage would be within the building.

1.6. The proposals outside the building comprise a weighbridge office, three weighbridges, revisions to the site access, installation of a fuel tank and the relocated vehicle wash bay, extension of service yard into car park (resulting in a reduction from 130 to 111 parking spaces) to improve circulation, construction of a three metre wide canopy over existing loading dock, and providing three new doors and replacing existing doors.

1.7. The proposed importation and export of recyclables would generate about 122 loads per day, which is 244 HGV movements. It is anticipated that whilst the MRF would operate on a 24 hour basis the majority of HGV movements would be during the normal working day, a maximum of 20% being outside these times.

2) Development Plan:

2.1. Hampshire Minerals and Waste Core Strategy (2007) relevant policies are Policy S5, concerning capacity requirements for recycling, Policy DC3, concerning impact on landscape, Policy DC6, concerning highways and Policy DC8, concerning pollution, health, quality of life and amenity and Policy DC13 concerning waste recycling.

2.2. New Forest District Local Plan First Alteration (August 2005) relevant policies are DW-E1 - general development criteria, BU-CE2 - retention of employment sites in built-up areas outside town centres and TE-16 - land at Newmans Copse.

3) Consultations:

3.1. New Forest District Council raises objection. The reasons for objection are the proposed development would be contrary to policies BU-CE2 and TE-16 of the New Forest District Local Plan First Alteration in that it would result in the loss of an existing employment site on land which is allocated for uses falling under Use Classes B1, B2 and B8 of the Town and Country Planning (Use Classes) Order 2005. Furthermore, the benefits of the proposal in terms of increased recycling capacity would be outweighed by the harm there would be to the local economy. In particular, taking into account Hounsdown Business Park's status as one of the district's higher value industrial sites, the proposed introduction of a large materials recycling facility would be likely to reduce the attractiveness of Hounsdown Business Park for higher value employment uses, which would be detrimental to maintaining a balanced local economy with an appropriate range of employment opportunities.

3.2. Environment Agency raises no objection following submission of a Flood Risk Assessment, subject to a condition requiring implementation of the flood risk mitigation strategy.

3.3. Highway Authority comments that the Transport Assessment (TA) submitted with the planning application was subsequently revised, following criticism during consultation. The conclusion now is that the proposal is likely to generate an additional 151 trips above the previous use and therefore will result in a net additional impact on the transport network. Taking into account the revisions the TA demonstrates that the junction of Bulls Copse Road/A326 operates well within capacity, with minimal queuing produced in both the year of opening and a future year scenario. Site observations confirm that the Jacobs Gutter Lane junction does not directly impact on the operation of the Bulls Copse Road/A326 junction, and it has been demonstrated that the proposed change of use will result in only a comparatively minor increase in traffic on the wider network. It is therefore concluded that the proposed change of use of the B8 facility to become an MRF will not have a material or significantly adverse impact on the safety and efficiency of the local highway network. However, in accordance with the County Council's Transport Contribution Policy, and in consideration that the proposal will result in a net additional impact on the transport network, a transport contribution of £35,485 should be secured from the site towards the local area transport strategy.

3.4. New Forest District Council Environmental Health Officer required further information concerning noise and air quality, and a Noise Assessment report and an Air Quality Assessment report were subsequently submitted. The comments are that there are no objections regarding noise, provided the controls specified in the Noise Assessment report are in place. Regarding air quality, there is no objection, subject to the recommendations specified in the Air Quality Assessment report being implemented.

3.5. Southern Water raises no objection.

3.6. Totton and Eling Town Council raises objection on the grounds it would be detrimental in terms of increased HGV movements resulting in a negative impact on traffic flow. In addition, the proposal would have an adverse impact on the air quality of the area and adjoining neighbours in the Business Park as a result of dust, odour and litter.

3.7. The local Member, Councillor Harrison, comments:

"SCA Limited are a well respected company and the facility they are planning will provide a valuable service. However, they have chosen a very poor location. The road structure around Totton and Marchwood is already inadequate to cope with existing levels of HGV traffic, evidenced by constant complaints from local residents about noise and vibration, (in the) daytime and especially at night.

A serious feature of the proposals is the fact that HGVs travelling to and from this site will travel along the A35, causing pollution that will only add to the air quality problem in central Totton - the nearby High Street/Junction Road is designated as an Air Quality Management Area and the New Forest District Council have been monitoring this area for six years without taking any effective action to improve the situation. It seems almost inconceivable to me that any local authority could allow proposals that would only worsen the position.

In relation to the site itself, the proposals would mean an ill-fitting and fundamental change to existing usage."

4) Representations:

4.1. Letters of objection received from two local residents on the grounds of potential pollution, traffic and proximity to Hounsdown School.

4.2. Letters of objection received from five businesses on the Business Park on grounds of increased traffic levels, not suitable business for this high quality business park, contrary to Local Plan policy, potential rubbish, noise and odour. In particular objection has been received from Garmin, the neighbouring site, which considers there will be significant adverse impacts from the increased traffic. It raises objection on the grounds of impact on the local traffic network and consequently its ability to operate as at present. Has concern that traffic numbers could increase further.

5) Commentary:

5.1. The proposals involve the use of the existing large industrial building within the Hounsdown Business Park, which has planning permission granted by New Forest District Council. The MRF would handle dry recyclables only (paper, plastics and glass) primarily from commercial/industrial sources and all waste handling, sorting and storage would be within the building. Therefore in principle the proposal complies with Policy DC13. There is also a clear need for additional facilities for waste recycling, particularly for recycling commercial waste, and a permission with this capacity would be extremely helpful in contributing to the County Council's objectives in diverting waste from landfill and increasing capacity for recycling.

5.2. The other principal planning issues are whether the environmental impacts are acceptable. These relate to the impact of the lorry traffic, noise and air quality and how these impact on neighbouring businesses and environment. There would not be an adverse visual impact as the proposed additional works are relatively minor and all waste activities would take place within the building.

5.3. In terms of traffic, the main impact is the associated lorry traffic. Concerns were raised about the TA which have been addressed. There will be an increase in lorry traffic resulting from this proposal. However, the highway authority is satisfied the nearby junctions have capacity to take this increase and that there would be a comparatively minor increase in traffic on the wider network. However, it does consider that the proposed increase in lorry traffic requires a highway contribution under the Transport Contribution Policy. This can be secured through a legal agreement.

5.4. The Noise Assessment considered the impact for the nearest houses, for Hounsdown Secondary School and for the adjoining businesses. In assessing the impact for residents the report concluded that the day-time levels would meet a requirement for being 10dB below background and the night-time levels would meet this requirement, subject to recommended noise mitigation measures. These measures include fitting exhaust silencers to mobile plant and acoustic treatment for machinery. In relation to the School, the conclusion was there would be no increase in ambient noise levels. In relation to the neighbouring businesses, the conclusion was that the predicted noise levels inside the premises would be within accepted standards. Therefore, subject to recommended noise mitigation measures, which can be secured by condition, the noise levels would meet accepted standards.

5.5. The Air Quality Assessment considered impacts of dust, odour and traffic-related emissions. In relation to dust, there would only be minor construction works which are likely to generate dust. Once operational all waste sorting and storage would be within the building, with mitigation opportunities provided by a three metre wide canopy over the docking area, dust extraction equipment on the MRF processing plant and maintenance of fast acting screen doors. Also providing vehicle wash bay and ensuring vehicles are fully enclosed or sheeted. The MRF would handle dry recyclables where the risk of odour is low. In addition all processing and storage would be within the building, which also reduces risk of odour, and so it is concluded proposals would be unlikely to lead to an impact above acceptable levels. In relation to emissions from vehicles, the Assessment concentrated on the impact of NO₂ and fine particles (PM10) as these are the key pollutants relating to traffic emissions. The Assessment concluded that there would be an `extremely small' increase in concentrations of NO₂ and PM10 at Bulls Copse Road and the A326 Marchwood Bypass due to the proposed development and therefore predicts a negligible impact. Therefore, subject to measures which can be secured by condition, the proposals would not materially affect local air quality.

5.6. Objection has been raised from neighbouring businesses, concerned that the proposals would reduce the environmental quality of the Business Park and therefore reduce its status, and so the proposed use is inappropriate at this location. These concerns have also been raised in the objection from New Forest District Council. Whilst the proposal is a waste use, it is noted that these are also industrial uses that are very similar to B2 (general industry) and B8 (storage and distribution) in their character and impacts. The proposal would handle dry recyclables only, not material which would give high risk of odour or pollution, and all handling, processing and storage would be within the building.

5.7. Objection is raised on the grounds that the proposal is contrary to policy. However the location is in accordance with the policy criteria in Hampshire Minerals and Waste Core Strategy policy DC13, which in this case takes priority over policy TE-16 of the New Forest District Local Plan, which allocates the site for `industrial/office/business and storage and distribution uses'. Notwithstanding this, the proposal is clearly an industrial use albeit not one that comes under Use Class B2. Moreover, although the planning permission is specific to Use Classes B1, B2 and B8, there are no restrictions by condition on hours of working or traffic numbers and the proposal does not result in the loss of employment land.

5.8. In conclusion, the proposed location within the Hounsdown Business Park is in accordance with the County Council's planning policies. Moreover, there is a clear need for additional waste recycling facilities of this nature. The issues are the environmental impacts on the immediate locality. Whilst there is a perception that there would be a detrimental impact for other businesses, the application addresses the concerns on noise, dust and odour in particular by restricting all waste activities to within the existing building. There is concern about an increase in lorry traffic, however the Business Park has good access to the main road network and there are no planning restrictions on vehicle numbers under the existing planning consents. It is concluded that the proposals are in accordance with policy, there is a clear need and that the environmental impacts would not be unacceptable. Therefore it is recommended to grant planning permission.

Section 100 D - Local Government Act 1972 - background documents

The following documents discuss facts or matters on which this report, or an important part of it, is based and have been relied upon to a material extent in the preparation of this report.

(NB: the list excludes published works and any documents which disclose exempt or confidential information as defined in the Act.)

Document

Location

Change of use of existing industrial building to a Materials Recycling Facility with subsequent amendments to service yard, site access and entrance to building and provision of new weighbridges, fuel tank and landscaping at Hounsdown Business Park, Totton
(Application No. 08/92603)
(County Council Ref: NF257)

Environment Department

Castle Avenue
Room G, Lower Ground Floor

CONDITIONS:

Commencement:

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.

Protection of Water Environment:

2) The development must fully comply with the mitigation strategy detailed within section 2.5.3 of the Flood Risk Assessment (FRA) dated August 2008.

Reason: To protect the water environment.

Noise, Dust and Odour

3) Prior to development commencing an Environmental Management Scheme for the control of noise, dust and odour at the site shall be submitted to the Waste Planning Authority for approval in writing. The Scheme shall include the noise mitigation measure specified in the Noise Assessment dated September 2008 and the odour and dust mitigation measures specified in the Air Quality Assessment dated September 2008. The Scheme shall be implemented as approved for the duration of the site's operation.

Reason: In the interests of local amenity.

4) All lorries importing or exporting material to or from the site shall be sheeted or fully enclosed to ensure no material is spilt on the road or litters the local area.

Reason: In the interests of protecting the appearance of the area.

Highways

5) Within six months of the development hereby permitted becomng operational a Full Travel Plan shall be produced, in accordance with the Framework Travel plan dated July 2008, and agreed by the Waste Planning Authority in writing. The Travel plan shall be implemented as approved.

Reason: To minimise trip generations associated with the development by private car and encourage the use of alternative means of travel in compliance with the aims and objectives of PPG13.

6) The access improvements shown on Drawing HD/4 shall be completed prior to the development becoming operational.

Reason: In the interests of highway safety.

7) Lorry movements associated with the transport of material into and out of the site shall not exceed a total of 244 per day (122 in and 122 out). A written record 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: In the interests of highway safety.

Lighting

8) Details of any outside lighting to be installed shall be submitted to and approved in writing by the Waste Planning Authority before any such installation is carried out.

Reason: To protect the amenities of the area and in the interests of highway safety.

Outside Storage

9) No goods, plant or material shall be deposited or stored in the open on the site without the prior consent in writing of the Waste Planning Authority.

Reason: To ensure the appearance of the industrial eastate is satisfactory and to avoid the storage of materials on parking or landscaping areas.

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 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.

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).

NEW FOREST DISTRICT LOCAL PLAN FIRST ALTERATION (AUGUST 2005):

Policy DW-E1:

General development criteria

Development shall be appropriate and sympathetic in scale, appearance, materials, form, siting and layout, and shall not cause unacceptable effects by reason of visual intrusion, overlooking, shading or other adverse impact on local amenities.

Developers shall have regard to:

a the scale and siting of the proposal in relation to adjoining development, spaces, the character of the area and the wider landscape. This will involve consideration of height, massing and density, relationship to adjoining buildings and land uses and landscape features on and off site, and other potential impacts of the proposal on local amenities e.g. noise, light or other forms of pollution, including those arising from traffic generated by the development (see also Policy DW-E43, Section C6); and

b materials and built form in relation to the character of adjoining development, local vernacular and any historic features (see also Policies DW-E18 to DW-E29, Section C2).

Policy BU-CE2:

Retention of employment sites in built-up areas outside town centres

Development which would result in the loss of employment sites to other uses will only be permitted where the site is not a key industrial site and:

a the proposed development would only result in the loss of less than 100 sq metres of floorspace or 0.05 hectares of land in employment use; or

b the existing use is detrimental to the character or amenities of the adjacent area, and:

i the local planning authority is satisfied that the site is not capable of being satisfactorily used for alternative employment use having regard to those considerations; and

ii overriding local benefits would result from the proposed development; and the proposed use would not be likely to restrict the range of uses which can be carried out by businesses on employment sites in close proximity.

Policy TE-16:

Land at Newmans Copse

13.8 hectares of land at Newmans Copse, Totton is allocated for industrial/ office/business and storage and distribution uses, provided that:

a access to the site is from the A326 spur (Marchwood bypass), and from the Totton western bypass (left turns in and out only) and via a new footpath and cycle track alongside the Marchwood bypass between the site entrance and Jacob's Gutter Lane. Land should be reserved for a footpath/ cycle route link into the land to the west the subject of Policy TE-14; and

b the developer contributes towards the costs of off-site highway works including improvements to the junctions of the Marchwood bypass with Twiggs Lane and Jacob's Gutter Lane in accordance with Policies DW-T8, SectionC9 and DW-F1, Section C14.