Archived decisions

Decision Maker:

Regulatory Committee

Date of Decision:

14 January 2009

Decision Title:

Applicant: Williams of Bordon

The siting of a concrete crusher and associated stockpiles within an existing soils recycling site at Blackmoor Recycling Site, Blackmoor Estate, Bordon
(Application No. F35283/006) (County Council Ref: EH139)

Decision Reference:

482

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 for siting and operating a concrete crusher, together with associated stockpiles, with the existing soil recycling facility at Blackmoor Estate. The soil recycling has temporary consent to 31 March 2012, with a condition requiring the restoration of the site when the use ceases. The site was also formerly used for green waste composting alongside the soil recycling, but this has now ceased.

1.2. The applicant states that currently the initial soil screening takes out stone, concrete, bricks, etc which are temporarily stored on site before being removed for either disposal or recycling by others in Aldershot. It is this reject material which it is intended to crush and recycle. It is estimated that these rejects are about 20% of the material imported to the site.

1.3. The concrete crusher would be located on the west of the site, behind the existing soil stockpile area. It is not anticipated that vehicle numbers would exceed the current limit of 60 per day. The applicant states that the soil recycling operations would remain the principal operation with the proposed crushing operations being ancillary.

2) Issues:

2.1. The site is located within countryside, the site for the proposed crusher is in the East Hampshire Area of Outstanding Natural Beauty (AONB) and the whole of the soil recycling facility is within the proposed South Downs National Park. Therefore a major issue is whether it is acceptable to intensify the activities at this site by adding concrete crushing.

2.2. Objection has been raised concerning the associated lorry traffic, however it is not proposed to increase traffic beyond the current permitted levels.

2.3. Objection has also been raised on the grounds of additional noise and dust disturbance for local residents. The application is accompanied by a noise report which concluded the noise levels would not exceed the current limit of 55 dB LAeq, 1 hour when measured at the nearest properties.

2.4. The existing soil recycling facility has had a low impact, however it is considered that this proposal for concrete crushing would represent an intensification of industrial activity at the site. This intensification would not be appropriate for the location in the AONB and proposed South Downs National Park and contrary to the purposes of these designations.

3) Recommendation:

3.1. That planning permission in respect of the siting of a concrete crusher and associated stockpiles within an existing soils recycling site at Blackmoor Recycling Site, Blackmoor Estate, Bordon (Application No. F35283/006) be refused for the following reasons.

4) Reasons for Decision:

4.1. The proposal is contrary to Policy DC2 of the Hampshire, Portsmouth Southampton and New Forest National Park Minerals and Waste Core Strategy (2007) and policies GS3 and C1 of the East Hampshire District Local Plan Second Review (2006) in that it would in principle be an unacceptable intrusion into the countryside in the East Hampshire AONB and proposed South Downs National Park, and the reasons for the development do not outweigh this adverse impact.

4.2. The proposal is contrary to Policy DC13 of the Hampshire Portsmouth Southampton and New Forest National Park Minerals and Waste Core Strategy in that it does not reuse/redevelop previously developed land nor redundant agricultural buildings and their curtilages.

1) Site and Proposal:

1.1. The site, as shown on the attached plan, is on the Blackmoor Estate and comprises an area of 0.24 hectares within the existing soil recycling facility, which totals an area of 1.9 hectares. The planning permission for soil recycling is for a temporary period to 31 March 2012.

1.2. The site proposed for the concrete crushing is within the East Hampshire Area of Outstanding Natural Beauty (AONB) and the remainder of the soil recycling facility adjoins the AONB. The whole of the soil recycling site is also within the proposed South Downs National Park. Woolmer Forest Site of Special Scientific Interest (SSSI), which is part of Wealdon Heaths Phase II Special Protection Area (SPA), is about 250 metres from the site on the other side of the A327. The nearest house (South Lodge) is about 75 metres from the site, the houses fronting the A325 are about 120 metres away and Keepers Cottage is about 150 metres to the west. Blackmoor House is about 590 metres to the north, and the village of Greatham about 420 metres to the south-west.

1.3. Access to the site is via a private estate road to Blackmoor Road, then direct to the A327. No increase in lorry movements above the existing limit of 60 per day is proposed.

1.4. The proposal is to use a concrete crusher to produce limited quantities of secondary and recycled aggregate from materials which are imported to the site as parts of mixed loads. The initial soil screening takes out this material (stone, concrete, bricks, etc) which is then temporarily stored on-site until removal for disposal at a landfill or for recycling by others in Aldershot. It is estimated this constitutes about 20% of the waste brought onto the site. The crusher would be located on the western edge of the soil recycling site and behind the soil stockpiles, and would be operated about six days per calendar month. The applicant states that the soil screening operations will remain the principal operation, the concrete crushing being an ancillary activity to this main use.

1.5. The planning application is accompanied by a noise report. The report concluded that, having assessed existing noise levels around the site and the noise of the plant and machinery, the noise levels would be 55 dB LAeq 1 hour or less when measured at the nearest houses. This was within the limits set by planning condition for the soil recycling facility.

1.6. There would be no change in the operating hours of the site, which are 0800 to 1700 Monday to Friday, 0800 to 1300 Saturday and no working on Sunday or bank holidays. Additional landscaping would be carried out to provide additional visual screening.

2) Development Plan:

2.1. Hampshire Portsmouth Southampton and New Forest National Park Minerals and Waste Core Strategy (2007) policies DC2 (sites with international and national designations) and DC13 (waste management and recycling, including aggregate recycling facilities) apply.

2.2. East Hampshire District Local Plan: Second Review (2006) policies GS3 (protecting the countryside) and C1 (Areas of Outstanding Natural Beauty) apply.

3) Consultations:

3.1. Councillor Kemp-Gee comments he has chaired the Blackmoor Soil Recycling Liaison Panel since being elected three years ago. "There is no doubt that the soil recycling operation could logically put a concrete crusher to good use and it would save transporting uncrushed concrete elsewhere to be crushed with another probable journey to a recycling centre for aggregates. Unfortunately it is doubtful whether the soil recycling operation is correctly sited in the first place and the additional noise levels from a concrete crushing operation where the surrounding ambient noise level could be said to be nil is therefore totally unacceptable. The submission argues that 55 dBL will not be exceeded but that is a very high level in any event and not suitable as being adjacent to an SSSI, in an AONB and in the proposed South Downs National Park. Furthermore, the existence of a crusher may well put pressure on the permitted 60 HGV movements a day and unlimited movements of vehicles under 7.5 tonnes which are permitted as well. In conclusion, despite the apparent logicality of siting a crusher here, the whole site is in a fundamentally flawed position and the situation should not be further exacerbated."

3.2. Councillor Carew raises objection on the following grounds:

(i) "The site lies within the an Area of Outstanding Natural Beauty and within the proposed South Downs National Park. Legally AONBs have the same status as National Parks.  It is clear that, however desirable recycling of concrete might be, this activity is NOT appropriate within a proposed National Park when it could be conducted outside it in another location.  Such activity is detrimental in terms of "outstanding natural beauty" of this area and in terms of the natural peace and tranquillity that is supposed to be found there within.

(ii) Concern about the potential impact of dust/atmospheric pollution and noise on the adjacent nationally and internationally protected SSSI, SPA and SAC.   In terms of pH balance on habitats and species and the effects of repeated loud noise and cumulative noise on wildlife, and in particular ground nesting birds Dartford Warbler, Nightjar and Woodlark for which the site is internationally designated. The concrete dust is alkaline, the internationally endangered and protected lowland heath opposite are by their very nature acidic. 

(iii) Woolmer Pond (the largest ephemeral lake in Western Europe) lies directly opposite and that the SPA is the only area in the whole of the UK to contain all 12 of Britain's breeding reptiles and amphibians, including the rare Natterjack Toad.  Conditions must not be too acidic or too alkaline as all these herptefauna by their very nature have ultra sensitive skins and are very prone to any form of atmospheric pollution.

(iv) Wellbeing and Sense of Place are two of three mission statements for this Council.  Given the close proximity of residential property and a business, not to mention a Grade 2 listed building (South Lodge) I believe that granting permission would fly directly in the face of this Council's key priorities. It is clear that noise and dust will be generated from this site, not only from the proposed concrete crusher but from lorry movements, and the existing machinery permitted on this site would have a cumulative effect detrimental to local residents and could have an impact on wildlife such as ground nesting birds.

(v) In addition there is concern that once the site has been wound up it will be subject to possible development as brownfield land rather than being returned to agricultural use or enhanced for wildlife."

3.3. East Hampshire District Council objects on the grounds the proposal constitutes an unacceptable intrusion of development and associated activity into the countryside, to the detriment of the landscape and tranquillity of the East Hampshire AONB and the proposed South Downs National Park, contrary to Policies C1 and GS3 of the East Hampshire District Local Plan: Second Review.

3.4. East Hampshire District Council Environmental Health Officer agrees that a noise limit of 55dB LAeq 1 hour is appropriate given the limited proposed use of the concrete crusher. Recommends conditions including restricting the number of days of use and to control the emission of dust beyond the site boundary.

3.5. Environment Agency comments that it has assessed application as having a low environmental risk, and makes no further comments.

3.6. Highway Authority comments that as it is not envisaged that vehicle numbers will increase as a result of the application proposals and will remain at 60 per day, no objection raised.

3.7. Natural England has no objection to the proposed development. It is its view that, either alone or in combination with other plans or projects, it would not be likely to have a significant effect on the interest features of the SPA or any of the features of interest of the SSSI.

3.8. South Downs Joint Committee raises objection on grounds of noise affecting the tranquillity of the AONB/National Park, concern at effectiveness of stockpiles to provide noise and visual screening and also concern at impacts on air quality given proximity to SPA/SSSI/SAC designations.

3.9. Greatham Parish Council objects on the grounds that at present soil recycling site has a limited consent to 2012, after which site must be returned to its natural state, concerned that further permission may mean site not returned to its natural state at that time. It is also felt that traffic to the site would undoubtedly increase on what was already a busy junction. Would lead to further industrialisation of this area within an AONB.

3.10. Selborne Parish Council raises objection on grounds the site lies within an AONB, adjacent to an SSSI and within the boundary of the proposed South Downs National Park, and so unsuitable for this type of activity. Concrete could be contaminated and water run-off would be into SSSI. In dry conditions dust would cause unacceptable pollution to nearest dwellings and local environment. Would be increased noise and traffic, and the road linking to the A325 unsuitable and its junction dangerous.

3.11. Whitehill Town Council objects on the basis of dust and noise, it is out of place as it is within the AONB and the proposed South Downs National Park and is not time limited.

3.12. Lindford Parish Council has concern at increase in heavy goods traffic that would be generated if approved.

3.13. Campaign to Protect Rural England, Hampshire raises objection on the grounds of environmental impact, being within East Hampshire AONB and South Downs National Park, concern at noise and traffic and visual screening currently defective.

4) Representations:

4.1. Thirty-two letters of objection have been received on the grounds of inappropriate development and intrusion in the AONB and proposed National Park, increased lorry traffic, noise and dust, and potential for pollution.

4.2. Twenty-six letters of support and no objection, commenting site has good access and there is a local need for the facility.

5) Commentary:

5.1. The site has permitted use for soil recycling for a temporary period. It is accepted that there will be reject material within the soils brought for recycling and in principle the rejects should be recycled if possible. However, the installation and use of a concrete crusher would intensify the industrial activity at the site. The main issues with this proposal therefore are impacts of noise and dust, concern at lorry traffic and whether this is an appropriate development within an AONB and proposed National Park.

5.2. The application is accompanied by a noise report which has assessed the noise impact, concluding that the noise levels would be within the levels specified in the planning permission for soil recycling. In addition the proposal is for use of the plant on only six days per month. Therefore, whilst there are houses nearby the proposals would meet existing standards. Regarding dust, concrete crushers are fitted with dust suppression equipment and it is possible to impose a condition to require such measures to be used. Consequently, whilst there would be increased disturbance from the operation of the concrete crusher, this would be limited.

5.3. Concern has been raised about increased heavy goods traffic if this proposal is permitted. However, the applicant has stated there would be no increased traffic because the material is already being brought to the site in mixed loads. There is also a condition on the soil recycling permission restricting lorry traffic to 60 per day, and that this restriction would be retained. Consequently, subject to retaining the condition, there would be no increase.

5.4. The main issue concerns the site's sensitive location in the countryside within the East Hampshire AONB and proposed South Downs National Park and also in proximity to European sites of nature conservation importance. The soil recycling operations are low-key and similar in nature to other agricultural activities. This was also the case with the small-scale green waste composting which was permitted at the same time, and therefore it was not considered that they would be detrimental to the local countryside in this sensitive location. However, concrete crushing and aggregate recycling are more industrial processes and will intensify the use at the site. Policy DC2 in the Hampshire Portsmouth and Southampton and New Forest National Park Minerals and Waste Core Strategy states that permission will not be granted in such areas unless the reasons for the development outweigh the likely adverse impact. Whilst the adverse impacts are limited, there will be increased disturbance resulting from the proposed operations at the site and these are not outweighed by the benefits of recycling the relatively small quantity of material within mixed loads. Whilst the applicant states that this proposal will be ancillary to the soil recycling, there is understandable concern that, if granted, a higher volume of concrete and rejects will be brought to the site if there is the capability for crushing.

5.5. In conclusion it is considered that the increased disturbance arising from the operation of the proposed concrete crusher would be detrimental to the quality of the environment of the AONB and proposed National Park, and this would not be outweighed by the recycling benefits. Therefore it would be inappropriate development in this location and it is recommended to refuse 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

The siting of a concrete crusher and associated stockpiles within an existing soils recycling site at Blackmoor Recycling Site, Blackmoor Estate, Bordon (Application No. F35283/006)
(County Council Ref: EH139)

Environment Department
Castle Avenue
Room G, Lower Ground Floor

HAMPSHIRE, PORTSMOUTH, SOUTHAMPTON AND NEW FOREST NATIONAL PARK MINERALS AND WASTE CORE STRATEGY (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 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.

EAST HAMPSHIRE DISTRICT LOCAL PLAN: SECOND REVIEW (2006):

Policy 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:

i) the development would not harm the overall character, quality, and appearance of the countryside, which shall be protected for its own sake; and

ii) the type and volume of traffic generated would not harm the countryside.

Policy 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 economic or social well-being. In considering such a proposal, particular attention will be given to the need top protect or enhance:

a) the landscape character of the countryside;

b) settlements in the wider landscape; and

c) land at the urban edge.

Planning permissions 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.