Archived decisions

Decision Maker:

Regulatory Committee

Date of Decision:

11 March 2009

Decision Title:

Applicant: T J Waste and Recycling

Construction of a materials recovery facility to handle a maximum throughput of 75,000 tonnes per annum of construction, demolition and skip waste with weighbridge facility at Charity Farm, 127 Wickham Road, Fareham (Application No. P/08/1267/MW)
(County Council Ref: FA078)

Decision Reference:

628

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 site comprises an area of about one hectare and was a former farm which has been converted to commercial use. It is used by the applicants as a haulage depot. The site is surrounded by a mature tree belt and has access onto the A32. The surrounding farmland is in arable use. The proposal is for a materials recovery facility to handle a maximum throughput of 75,000 tonnes per year of construction, demolition and skip waste.

1.2. The main facility would be a steel frame building with steel profile cladding coloured heritage green, which would contain conveyors and machinery for sorting and storage of materials. Outside the proposed building there would also be a weighbridge and office and an external processing area, including a concrete crusher, and outside storage bays. The existing uses in the buildings would be retained and the site continue to operate as a haulage depot.

2) Issues:

2.1. The main issues concerning this application are whether the proposal is in accordance with policy and whether it is in conflict with the proposed north Fareham Strategic Development Area (SDA). The main environmental issues are the potential visual impact, the impact of the associated lorry traffic and potential issues of noise, dust and odour.

2.2. In conclusion, whilst the site is in the countryside, it is very well screened by mature trees. It is a previously developed site with planning permissions granted for commercial development and is currently operated by the applicant as its haulage depot. Although it would represent a constraint, it is not considered that the proposal would be prejudicial to the development and proper planning of the SDA. The proposals would be acceptable in highway terms and would be acceptable in amenity terms, subject to conditions.

3) Recommendations:

3.1. That permission for the construction of a materials recovery facility to handle a maximum throughput of 75,000 tonnes per annum of construction, demolition and skip waste with weighbridge facility at Charity Farm, 127 Wickham Road, Fareham (Application No. P/08/1267/MW) be granted for the following reason, subject to the conditions set out in Appendix 1.

4) Reason for Decision:

4.1. It is considered that the proposal would be in accordance with the development plan (summary attached as Appendix 2) as it is in accordance with Policy DC13. It is not considered that the proposal would be prejudicial to the development and proper planning of the proposed Strategic Development Area 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

1.1. The site, as shown on the attached plan, comprises an area of about one hectare and was a former farm which has been converted to commercial use. It contains the farmhouse, chicken shed, offices and vehicle maintenance building. The site is surrounded by a mature tree belt and has access onto the A32. The surrounding farmland is in arable use. The site is used by the applicant as a haulage depot and headquarters for its transport business. The nearest properties are Albany Farm (about 138 metres away), which is unoccupied, and Albany Farm Business Park, which is about 160 metres to the north-east of the site. The new housing at Knowle Village is over a kilometre to the west.

2) Planning History

2.1. P/03/0743/CU - (A) Change of use of existing building to B1, B2 and B8 and widening of access - Buildings within Area A labelled A, B, D, E, F, G on the attached layout plan. (B) Change of use of existing building C within Area B upon the attached layout plan to storage of vehicles (B8) use. Part approved by Fareham Borough Council on 4 August 2003 - (A) was approved, (B) was refused.

2.2. P/03/1833/CU - Change of use to haulage depot. Approved by Fareham Borough Council on 13 February 2004.

2.3. P/08/0797/MW - Construction of a materials recycling facility to handle a maximum throughput of 125,000 tonnes per annum of construction, demolition and skip waste with weighbridge facility and extension to northern and western boundaries to incorporate 60 HGV parking spaces and hardstanding stockpile area with associated landscaping and bund. Withdrawn 13 November 2008.

3) Proposal

3.1. The proposal is for a material recovery facility to handle a maximum throughput of 75,000 tonnes per year of construction, demolition and skip waste. The range of materials to be recycled includes soils, concrete and brick, wood, metals, plasterboard, plastic, paper/cardboard and glass. Last year an application was submitted for a larger facility and lorry parking which included an expansion of the site into the surrounding fields. Following objections this application was withdrawn. The current proposal has now been submitted for a smaller facility with all activity and lorry parking remaining within the current site.

3.2. The proposals are to construct a materials recovery building measuring 40 metres by 30 metres by 12.5 metres high. It would be a steel frame building with steel profile cladding coloured heritage green. The building would contain conveyors and machinery for sorting and storage of materials. Outside the proposed building there would also be a weighbridge and office and a surface water attenuation pond, and the existing chicken shed would be demolished. An external processing area is also proposed, including a concrete crusher and outside storage bays. The existing uses in the buildings would be retained and the site continue to operate as a haulage depot.

3.3. The proposed hours of operation for the materials recovery facility would be 0630 to 1800 Monday to Friday and 0700 to 1400 Saturday with no use on Sunday.

3.4. As already stated, the site has direct access onto the A32. The existing haulage depot operates with 54 vehicles; these leave the depot in the morning and return in the evening so generate 108 movements. The majority (about 75%) head south towards Fareham and the M27. The materials recovery facility would generate an average of 56 movements per day (28 in and 28 out). However, a proportion of these vehicles would already be based at the depot and therefore there would be only a limited increase in lorry traffic.

3.5. The application is accompanied by a Flood Risk Assessment which concluded that the site is not at risk of flooding and attenuation storage would be provided.

3.6. The application is also accompanied by a Noise Assessment which concludes that the main noise impact would come during construction, and suggests mitigation measures including restricting hours for construction to 0800 to 1800 Monday to Friday and 0800 to 1300 hours on Saturday. Once operational the cumulative noise impact would be minor, barely perceptible at the nearest receptors, which are Albany Farm and Albany Business Park. There would be no impact for Knowle Village. This information is summarised in the following tables:

4) Development Plan:

4.1. South East Plan Policy SH2 identifies the broad location of a Strategic Development Area north of Fareham.

4.2. Hampshire, Portsmouth, Southampton and New Forest National Park Minerals and Waste Core Strategy (July 2007) Policy DC3 (impact on landscape), Policy DC6 (Highways), Policy DC8 (pollution, health, quality of life and amenity) and Policy DC13 (waste management and recycling) are relevant.

4.3. Fareham Borough Local Plan Review (June 2000) Policies C1, C3 and C4 concern development in the countryside.

5) Consultations:

5.1. Councillors Bryant and Ellis have been informed. Councillor Bryant comments that there have been a lot of complaints from Funtley residents about lorries speeding through the village en route to and from Pegham Wood Industrial Estate. Suggests conditions to make it clear that vehicles using this site, and approaching or leaving when going south or west, must use the M27 or A27 and must not use the residential area of North Fareham and Funtley village.

5.2. Fareham Borough Council raises objection on the grounds that the proposal is inconsistent with policies within the draft South East Plan (SEP) to develop an SDA north of Fareham. Policy SH2 in the SEP identifies the broad location of the SDA as being to the north of the M27, and the accompanying feasibility study shows that it would be located largely to the west of the A32. The proposed facility would therefore be likely to provide an unnecessary constraint to producing the optimal master plan for the SDA; not least because of the need to mitigate against the potential noise generated by the proposed facility. While the SEP is not adopted the proposed modifications have been published and neither the SDA nor its broad location are the subject of potential amendments.

5.3. Winchester City Council raises no objection.

5.4. Environmental Health Officer Fareham Borough Council raises no objection subject to condition concerning investigation of potential contamination due to former fuel and oil tanks at the site. Comments that whilst he has no adverse comments to make on this application, matters such as noise, dust and odour fall to the Environment Agency which, under the Environmental Permitting Regulations 2007, should address such matters under the Environmental Permit.

5.5. Environment Agency raises no objection subject to conditions to implement flood mitigation measures, drainage and prevention of pollution.

5.6. Highway Authority comments that this application will result in a slight increase in HGV traffic on the A32 but this will not have a significant impact on the local highway network. Therefore raises no objection subject to conditions to prevent mud on the road

5.7. Wickham Parish Council strongly objects to this application for the following reasons:

(i) "The effect of noise and dust on residents of Knowle Village as a result of the construction work and operations.

(ii) The potential impact of 20 tonne lorries on the village of Wickham and surrounding villages using the A334/B2177 and A32 to access the site. There is a section of the A334 in the village of Wickham where two lorries are unable to pass, creating very dangerous conditions for pedestrians. Large waste lorries speeding through the village is one of the main causes of concern and anxiety for our residents. Should permission be granted it is requested that a condition be placed that lorries use the M27 junctions only to access the site and not be permitted to use the A334."

6) Representations:

6.1. Fareham Society raises objection on the following grounds:

(i) "Objection in principle to proposed waste use at this site as within area of search for the proposed SDA as will erode available land for SDA. Because of need for `cordon sanitaire' between site and development.

(ii) Proposed large building which will be very visible in the countryside.

(iii) Site cramped and concern not able to accommodate both haulage depot and material recycling.

(iv) Site currently well screened by conifer, concern if screening lost as not shown fully on plans."

7) Commentary:

7.1. The main issues concerning this application are whether the proposal is in accordance with policy and whether it is in conflict with the proposed north Fareham SDA. The main environmental issues are the potential visual impact, the impact of the associated lorry traffic and potential issues of noise, dust and odour.

7.2. The proposed materials recovery facility is in accordance with Policy DC13, as the site is previously developed land. It already has planning permission for commercial development and is currently operating as a haulage depot. The objection from Fareham Borough Council is in relation to the proposed SDA, and that the development of this facility would provide an unnecessary constraint on producing an optimal master plan for the SDA. However, the proposed facility would not necessarily be prejudicial to the SDA in principle. Indeed such recycling facilities will be needed to support the sustainable development of the SDA. The proposed facility would be a localised constraint as there will be noise and amenity impacts which would conflict with potential housing close to the site. Therefore it would be a constraint for a master plan , but it would be possible to plan around it, particularly as the site is close to the A32. Therefore it is not considered that the proposed facility would be a major constraint prejudicing the development of the SDA.

7.3. In visual impact terms, the proposals are for a large building which would be visible from some directions, but the site is very effectively screened by mature tree belts and so the impact would not be significant. In any event the structure itself would not be dissimilar visually to many large agricultural buildings which are accepted in the countryside.

7.4. The site has direct access to the A32 and good access to and from the M27. The site already operates as the applicant's haulage depot and so the impact of the additional traffic would not be significant, particularly as a proportion of the lorries associated with the recycling facility are already operating from the site. The comments of Wickham Parish Council are noted, but a restriction on lorry movements to prevent any vehicles travelling north would not be reasonable or enforceable. The A32 is part of the mineral and waste lorry route, and the site already operates as a haulage depot without such restriction. However, the applicant has assessed that the majority of the lorries (75%) travel south to and from the direction of the M27.

7.5. Notwithstanding the comments above concerning the SDA, there is only Albany farmhouse and Albany Business Park near to the site. Both these are on the other side of the A32. Noise could be an impact during construction, but this impact is short term and can be controlled by condition to the noisier part of the day. There would not be any discernable noise impact for residents of the new housing development at Knowle Village due to the distance from the site.

7.6. In conclusion, whilst the site is in the countryside, it is very well screened by mature trees. It is a previously developed site with planning permissions granted for commercial development and is currently operated by the applicant as their haulage depot. Although it would represent a constraint, it is not considered that the proposal would be prejudicial to the development and proper planning of the SDA. The proposals would be acceptable in highway terms and would be acceptable in amenity terms subject to conditions.

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

Construction of a materials recovery facility to handle a maximum throughput of 75,000 tonnes per annum of construction, demolition and skip waste with weighbridge facility at Charity farm, 127 Wickham Road, Fareham (Application No. P/08/1267/MW)
(County Council Ref: FA078)

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.

Hours of Working:

2) Unless otherwise agreed in writing by the Waste Planning Authority no vehicles shall enter or leave the site and no plant or machinery shall be operated except between the following hours: 0630-1800 Monday to Friday and 0700-1400 on Saturday, however there shall be no construction work or outside recycling operations before 0800. There shall be no working on Sunday or recognised public holidays.

Reason: In the interests of local amenity.

Working Scheme:

3) The only storage of waste or recycled materials outside the materials recovery building shall be in the bays and storage area defined on the Site Layout Plan (Drawing no: 001 dated January 2009).

Reason: In the interests of local amenity.

Landscape:

4) Within 12 months of development commencing a detailed planting scheme to reinforce the existing tree belt around the perimeter of the site shall be submitted to the Waste Planning Authority for approval in writing. The scheme shall specify the types, size and species of all trees and shrubs to be planted; details of all trees to be retained; and details of fencing/enclosure of the site, phasing and timescales for carrying out the works, and provision for future maintenance. Any trees or shrubs which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. The scheme shall be implemented as approved in the planting season following approval.

Reason: In the interests of visual amenity.

5) The trees to be retained shall be protected during building operations by the erection of protective fencing in strict compliance with the requirements of the Local Planning Authority relating to their protection. The existing trees shall not be lopped, topped, felled or destroyed without the prior approval in writing of the Local Planning Authority and no such works shall be carried out during the bird nesting season.

Reason: To ensure the enhancement of the development by the retention of natural features.

Protection of Water Environment:

6) The development hereby permitted shall only be carried out in accordance with the flood mitigation measures detailed in the Flood Risk Assessement dated November 2008 (Ref: 402-1898-00002).

Reason: To ensure there is no increase in the risk of surface water flooding.

7) Prior to development commencing a detailed scheme for the drainage and disposal of surface water shall be submitted to the Waste Planning Authority for approval in writing. The scheme shall be implemented as approved.

Reason: To ensure adequate drainage of the site and to protect the underlying aquifer.

8) If during development contamination not previously identified is found to be present at the site, then no further development (unless otherwise agreed in writing with the Waste Planning Authority) shall be carried out until the developer has submitted and obtained written approval from the Waste Planning Authority for an amendment to the remediation strategy detailing how this unsuspected contamination shall be dealt with.

Reason: To protect the major aquifer beneath the site from contamination.

9) Prior to development commencing, details of the storage of any potentially polluting substances, both during and after construction, shall be submitted to the Waste Planning Authority for approval in writing. The details shall be implemented as approved.

Reason: To protect the major aquifer beneath the site from contamination.

10) Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The bund capacity shall give 110% of the total volume for single and hydraulically linked tanks. If there is multiple tankage, the bund capacity shall be 110% of the largest tank or 25% of the total capacity of all tanks, whichever is the greatest. All filling points, vents, gauges and sight glasses and overflow pipes shall be located within the bund. There shall be no outlet connecting the bund to any drain, sewer or watercourse or discharging onto the ground. Associated pipework shall be located above ground where possible and protected from accidental damage.

Reason: To prevent pollution of the water environment.

Noise, Dust and Odour

11) The measures to mitigate noise during construction set out in the Noise Assessment (SLR ref: 402.10898.00002 v3) accompanying the application shall be implemented for the duration of construction.

Reason: In the interests of the amenity of Albany Farm and Albany Business Park.

12) 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 be implemented as approved for the duration of the site's operation.

Reason: In the interests of local amenity.

Highways

13) Prior to development commencing details of measures to be taken to prevent mud from vehicles leaving the site being deposited on the public highway shall be submitted to the Waste Planning Authority for approval 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.

14) 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 highway safety and protecting the appearance of the area.

15) Vehicles using the site and approaching or leaving when going South or West must use M27 or A27 and must not use the residential area of North Fareham and Funtley Village, except for deliveries/collections to local addresses in these areas.

Reason: In the interests of highway safety and local amenity.

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.

FAREHAM BOROUGH LOCAL PLAN REVIEW (JUNE 2000)

Policy C1 - Development in the Countryside

Development in the countryside will be permitted, provided that:

(A) it is essential for agricultural, forestry or horticultural purposes and/or has an overriding need for a countryside location; or

(B) it is an appropriate re-use, redevelopment or limited extension of an existing building which does not have an adverse effect on the character of the building or surrounding area; or

(C) within an existing institution in the countryside, it is an additional building or extension to an existing building within the institution's curtilage; and

(D) wherever possible, existing buildings are re-used in accordance with Policy C2 and H12 and, if required, any new buildings meet the criteria in Policy C3.

and provided that it:

(i) does not adversely affect the landscape;

(ii) does not result in the loss of the best and most versatile agricultural land (Grades 1, 3 or 3a in the MAAF Agricultural Land Classification System); and

(iii) does not adversely affect nature conservation interests.

Policy C3- New Buildings in the Countryside

New buildings in the countryside in accordance with Policy C1 will be permitted provided that they are:

(A) not prominently sited;

(B) where possible, grouped with existing buildings;

(C) of appropriate size, design, materials and colour in keeping with the surrounding environment;

(D) without extensive hard surfaced areas or open storage; and

(E) accompanied, where appropriate, by landscape improvements, including the means of enclosure.

Policy C4 - Farm-Based Diversification

Development associated with the diversification of an existing farm will be permitted, provided that:

(A) where possible, existing buildings are re-used in accordance with Policy C2;

(B) any new buildings which are required meet the criteria in Policy C3 and are located, where appropriate, close to existing buildings; and

(C) they do not adversely affect the character of the area or have adverse environmental, amenity or traffic implications.

Where possible, the proposals should form part of a farm plan which is prepared prior to the submission of the application.