Archived decisions
Appendix 4:
ENVIRONMENTAL HEALTH COMMENTS
Planning Application: NF255 - 08/91952 - Land at Plumley Wood and Farm, Burnt Hill, Nea Farm, Blue Haze and Blashford Quarries, Near Ringwood
INTRODUCTION
Please be advised that Environmental Health Officer does not object in principal to the development subject to the conditions presented below, being attached, should the application be granted approval.
The EHO presents the following comments including a summary of reasoning followed by recommended planning conditions.
SUMMARY
It should be noted that in hindsight the information submitted, especially with regards acoustic information would have been easier to comment, if the various amended submissions had been re-submitted in one consolidated document.
NOISE
There are several standards that have been referred to, namely
Mineral Planning Statement 2 (Annex 2 - Noise) (MPS2) - Controlling and Mitigating the Environmental Effects of Minerals Extraction in England;
BS4142:1997 - Method for Rating Industrial Noise Affecting Mixed Residential and Industrial Areas;
BS5228 - Part 1:1997 - Code of Practice for Basic Information and Procedures for Noise and Vibration Control; and
ISO9613 - Part 2:1996 Attenuation of Sound during Propagation Outdoors -- Part 2: General method of calculation.
MPS2 looks to the MPA to establish a day-time noise limit at noise-sensitive properties that does not exceed the background level by more than 10dB(A). MPS2 also recognises that in many circumstances this will be difficult to achieve without imposing unreasonable burdens on the mineral operator. MPS2 advises that in such cases, the limit set, should be as near that level as practicable during normal working hours (07:00 to 19:00) and should not exceed 55dB LAeq 1hour (free field) and night-time limits should not exceed 42dB LAeq 1 hour (free field) at noise sensitive dwellings.
It should also be noted that MPS2 also mentions that the MPA should consider the use of the EU principle of Best Available Techniques (BAT) in reducing noise at source (MPS2 Annex 2 - Para 2.26). This principle takes into account the degree of environmental gain when assessing the costs involved. Excessive cost is appropriate if the environmental gain is significant.
It is the Environmental Health Officer's (EHO) opinion that although MPS2 looks to avoid imposing unreasonable burden on the mineral operator, if the mineral operator has submitted predicted noise levels that fall below those set out in MPS2 then those levels are achievable and thus should be imposed on the mineral operator and would not be an unreasonable burden on them.
MPS2 noise limits in the EHO's opinion should be used for the mineral extraction and ancillary operations and not for the operations such as bagging, concrete batching and recycling, which BS4142:1997 should be utilised. Mineral extraction tends to be of transient nature whereas the Blashford site bagging plant etc are constant and permanent during the life of the operations. The recycling operations and cement batching plant are in the EHO's opinion not an ancillary operation to the mineral extraction and BS4142:1997 should be used accordingly.
BS4142:1997 takes into account background levels and the specific noise levels from the relevant plant and machinery etc. and adds a 5dB penalty to the specific noise level for any noise containing distinguishable whines, hisses, bangs, clatters, thumps etc. and the resultant level is known as the `rating level'. The background noise level is then subtracted from the rating level and the resultant score is used to assess for the likelihood of complaints. According to the BS, a difference of +10dB or more indicates that complaints are likely, a difference of around +5dB is of marginal significance, and if the rating level is more than 10dB below the measured background noise level then this is a positive indication that complaints are unlikely.
MPS2 (Annex 2 - paragraph 2.22) requires BS5228 part 1 to be used for monitoring compliance of planning conditions and therefore one could presume that BS5228 should be used for noise calculations in submitted reports during the application stage.
The noise calculations shown in the original details submitted with the application utilised ISO9613 however; further submissions were requested to include BS5228 assessments for all noise calculations. The noise levels calculated using BS5228 tended to be in the main, approximately 3dB higher than those calculated using the ISO9613 method. The EHO has used the noise levels calculated using BS5228 for assessment purposes.
Blashford Plant Site
The BS4142 assessment (page 5 & 6 of the report submitted 10 September 2008 ref: 07222/let007/jsb) for the Blashford plant site shows that during the NIGHT-TIME period 06:15 to 07:00 hours with the concrete batching plant, bagging plant and associated vehicle movements, the rating level (using the BS5228 predicted noise levels) at Ellingham Lodge and Karma Cottage (the nearest noise sensitive premises) are 0dB and -1dB lower than the background noise level respectively. This indicates that the assessment for complaints lies roughly between that of marginal significance and complaints are unlikely.
The BS4142 assessment for the Blashford plant site shows that during the DAY-TIME period with the concrete batching, bagging plant and recycling operations and associated vehicle movements the rating level (using the BS5228 predicted noise levels) at Ellingham Lodge and Karma Cottage due to higher daytime background noise levels are 0dB and -4dB lower than the background noise level respectively. This indicates that the assessment for complaints lies roughly between that of marginal significance and complaints are unlikely.
With regards to the MPS2 assessment (utilising BS5228 calculations at page 5 of report 07222/let007/jsb) for Phase 1 at Ellingham Lodge the predicted noise levels for the processing plant during the NIGHT-TIME period 06:15 to 07:00 hours is 5dB above the background level and although MPS2 (unlike BS4142) doesn't have a system for adding penalties for hisses, tones, bangs, thumps, etc. if one were to add a 5dB penalty as per BS4142, then you would get a level of +10dB above background which according to BS4142, complaints would be likely. In any case, the predicted noise level calculated using BS5228 at Ellingham Lodge during the NIGHT-TIME period is 1dB in exceedences of that allowed for NIGHT-TIME operations under MPS2 and therefore the EHO recommends that this operation is not allowed before the times of 07:00 hours Monday to Friday and 08:00 hours on Saturdays.
During phase 2 at Blashford plant site, the BS5228 calculated noise level is +3dB above background and with a 5dB penalty (if referring to assessing for complaints) then this would equate to +8dB above background which is airing towards `complaints are likely'.
The noise during the DAY-TIME period from the combined operations i.e. processing plant, bagging plant, cement batching plant, recycling operations and associated vehicle movements at Blashford plant site calculated at the nearest noise sensitive premises in accordance with BS5228 at Ellingham Lodge - 45 dB LAeq 1 hour (free field) which is a difference of 0dB to the background noise level and at Karma Cottage will be 36 dB LAeq 1 hour (free field) which will be approximately -9dB below background. These levels are acceptable to the EHO.
The noise levels from the processing plant at Blashford Site during the NIGHT-TIME period predicted at Karma Cottage are below the background levels and are therefore not of concern to the EHO unlike the noise levels at Ellingham Lodge which are of concern.
Burnt Hill
At the Burnt Hill site the noise levels shown for the enclosed washing plant are predicted at being approximately -26 dB below background levels during DAY-TIME period and therefore should not be audible. The combined noise levels of the washing plant and the wheeled loader operating for no more than 6 hours spread over 2 days per week will be approximately -1dB below the background noise level and is acceptable to the EHO.
Mineral Extraction
With the stand off distances and bunds etc. the noise levels are in accordance with MPS2.
DUST
The operations should be undertaken in accordance with the Dust Monitoring and Mitigation Scheme (V2) submitted on September 2008. However, in accordance with MPS2 Annex 1, a dust ambient background assessment still needs to take place for a period of no less than 6 months during the Spring and Summer periods to ascertain ambient background dust levels. This will enable a dust level to be approved and agreed by the MPA so that it is included in the Dust Monitoring and Mitigation Scheme so that the approved/agreed dust level(s) is/are not exceeded during the life of the development.
LIGHT
The areas where development is proposed are of low light areas and any lighting installed at the various sites should be installed in accordance with the Institute of Lighting Engineers Document - Guidance Notes for the Reduction of Obtrusive Light dated 2005, Zone E1 - Intrinsically dark landscapes.
A lighting plan has been requested for the existing and predicted light levels emanating from the development area at the nearest light sensitive premises to be agreed with the MPA showing horizontal lighting levels at the agreed light sensitive premises and also vertical illuminance levels at ground floor and first floor levels at the agreed light sensitive premises.
RECOMMENDED PLANNING CONDITIONS
GENERAL
Noise
· Best Available Techniques (BAT) shall be used at all times to reduce the impact of noise from all operations and activities, including plant, equipment, vehicles and machinery.
· All noise calculations shall be in accordance with BS5228 Part 1:1997.
· Noise shall be monitored in accordance with the noise monitoring scheme (V2) submitted 10 September 2008 - document ref: 07222/let/js/b with the exception of paragraph 3a as the nominal daytime noise limit not to be exceeded shall be in accordance with those specified in the relevant conditions below. The scheme shall be extended to include Karma Cottage with regards to noise emitting from the Blashford Plant Site.
· Noise emitted from temporary works associated with site preparation, including the stripping and movement of any soil and the construction of earth bunds, shall not exceed 70 dB LAeq 1 hour (free field) at the boundary of any noise sensitive premises for more than eight weeks in any calendar year except for construction activities at Burnt Hill site where the relevant noise level in condition [?] below will apply.
· A log of all temporary works i.e. soil stripping, construction and removal of noise bunds, soil storage mounds etc. that allow for an increase in daytime noise limits of up to 70dB(A) LAeq (free field) shall be recorded in an environmental logbook to be kept at the Blashford Site office. All records shall be kept for a period of at least 2 years and shall show the dates and duration of these works and shall be available to the MPA for inspection on request.
· Before use commences, a specification for the reversing warning beepers (including noise levels in 1/3 octaves), installed on vehicles on the various sites shall be submitted in writing to the MPA for approval.
Dust
· Best Available Techniques (BAT) shall be used at all times to reduce the impact of dust from all operations and activities, including plant, equipment, vehicles and machinery.
· Before uses commences, details of the existing ambient conditions relating to dust, at all dust sensitive premises, over a period not less than 6 months, to take into account Spring and Summer existing conditions (existing conditions to include existing mineral extraction operations at Nea Farm Quarry and operations at Blashford Plant Site), shall be submitted in writing to the MPA for approval.
· The site shall be operated in accordance with the Dust Monitoring and Mitigation Scheme (V2) document ref: 07222/let007/js/b dated 10 September 2008. The Scheme shall operate throughout the duration of the development and restoration operations unless otherwise agreed by the MPA. The ambient background dust levels approved by the MPA shall not be exceeded.
Light
· No lighting shall be installed on the sites until a lighting scheme has been submitted to and approved by the Mineral Planning Authority. The lighting scheme shall include both existing and proposed horizontal illuminance (lux) levels at ground level of the hereby approved site and also the nearest light sensitive premises. The scheme shall also include the existing and proposed vertical illuminance (lux) levels at ground floor height and first floor height at the nearest light sensitive premises. All lighting installed on the site shall be in accordance with Zone E1 of the Institute of Lighting Engineers document - Guidance Notes for the Reduction of Obtrusive Light dated 2005.
Mineral Extraction
Noise
· The noise emitted from normal mineral extraction operations shall not exceed the daytime noise limits specified as dB LAeq 1 hour (free field) at the boundary of the specified noise sensitive premises set in the BS5228 table on page 3 of the noise report submitted 11 September 2008 - document ref: 07222/let007/js/b.
· Noise from temporary works as per the condition under the general noise above
Dust
· As per general information above.
Light
· As per general information above.
· In the interest of local amenity there shall be no mineral extraction during the hours of darkness.
Burnt Hill
Noise
· In accordance with paragraph 6 on page 8 of the noise report dated 12 June 2008 ref: 07222/let006/js (from AAD), except with the written permission from the Mineral Planning Authority, only one wheeled loader, (excluding essential maintenance and arrival/departure of staff), shall operate at the site during normal operations and this shall only operate to a maximum of 6 hours spread over two days between Monday to Friday. The wheeled loader shall not operate on Saturdays, Sundays or recognised public holidays.
· A record shall be kept in the Environment logbook at the Blashford Plant Site Office of the date and duration of when the wheeled loader is operating. The records shall be kept for a minimum period of 2 years and shall be made available for inspection by the MPA on request.
· Before use commences, the Burnt Hill washing plant shall be built and acoustically insulated against the transmission of internally generated noise in accordance with the scheme as detailed in paragraph (1) (under heading Burnt Hill plant site) on page 1 of the noise report dated 12 June 2008 ref: 07222/let006/js.
· Noise from the Burnt Hill washing plant and conveyors, combined with the wheeled loader, shall not exceed the levels at the boundary of the noise sensitive premises as set out in the BS5228 table at paragraph 5 on page 7 of noise report dated 12 June 2008 ref: 07222/let006/js.
· Noise emitted from temporary works associated with site preparation, including the construction of the six metre high long term sand and gravel storage stock bund shall not exceed 51dB LAeq 1 hour (free field) in accordance with BS5228 at the boundary at Nea Cottage.
· Noise from the Burnt Hill washing plant and conveyors excluding the operation of the wheeled loader, shall not exceed the levels at the specified noise sensitive premises set out in the BS5228 table at paragraph 6 on page 8 of the noise report dated 12 June 2008 ref: 07222/let006/js.
· The washing plant shall be kept in good repair and maintained to ensure that it continues to operate in accordance with the above noise scheme.
Dust
· As per general dust condition.
Blashford Site
Noise
· Only the concrete batching plant, bagging plant and vehicle movements associated with this plant shall operate between the hours of 06:15 and 07:00 Monday to Friday.
· Noise emitted from the concrete batching plant, bagging plant and associated vehicle movements at Blashford Plant site between 06:15 and 07:00 hours shall not exceed a Specific Noise Level (in accordance with BS4142:1997) of 33dB LAeq 5 min (free field) as calculated (in accordance with BS5228) at the boundary at Ellingham Lodge and not exceed a Specific Noise Level of 32 dB LAeq 5 mins (free field) as calculated (in accordance with BS5228) at the boundary of Karma Cottage. [as per the BS5228 assessment at page 4 and 6 of the noise report ref: 07222/let007/js/b dated 10 September 2008]
· The recycling operations and processing plant shall only operate between the hours of 07:00 and 18:00 Monday to Friday and between 08:00 hours to 13:00 hours on Saturdays with no working on Sundays and recognised public holidays.
· Noise emitted from the combined operation of the concrete batching plant, bagging plant, recycling activities, mineral operations and associated vehicle movements between 07:00 and 18:00 Monday to Friday and 08:00 to 13:00 hours on Saturdays shall not exceed a noise level of 45 dB LAeq 1 hour (free field) as calculated (in accordance with BS5228) at the boundary of Ellingham Lodge and shall not exceed a level of 40dB LAeq 1 hour as calculated (in accordance with BS5228) at the boundary of Karma Cottage.
Dust
It should be noted that dust suppression for any recycling activities that are ancillary to any mobile crushers brought periodically onto the site (including stockpiles associated with the recycling activities), will be a requirement of conditions attached to a Pollution Prevention Control Permit issued under the Environmental Permitting Regulations 2007 (previously the Pollution, Prevention and Control Regulations 2000) may have different requirements to those of any planning conditions, but the more stringent condition should be used by the operator.
Conditions as per those under the general heading.
Light
As per general light conditions
Gary Worsley BSc(hons), MCIEH 12 December 2008
Environmental Health Officer
Environmental Protection
New Forest District Council