Archived decisions

Decision Maker:

Regulatory Committee

Date of Decision:

27 May 2009

Decision Title:

Applicant: Bryan Hirst Limited

Change of use from verge to concrete access for safe HGV turning at Broadview Scrapyard, Woods Lane, Cliddesden, Basingstoke (Application No.BDB/70330) (County Council Ref: BA127)

Decision Reference:

736

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. Planning permission is sought for widening the access at Broadview Scrapyard, Cliddesden. The application follows enforcement action by Basingstoke and Deane Borough Council which the applicant seeks to regularise through submitting a planning application.

2) Issues:

2.1. The main issues are the acceptability in terms of highway safety, the visual impact of the proposed widening and the impact of the proposals for the operation of the scrapyard and consequently its impact on local residents.

2.2. The site entrance is visually intrusive and out of character with the character of Woods Lane; to regularise the further widening would marginally increase this unacceptable impact. It would also facilitate the use by vehicles which by their size damage the local environment and character of Woods Lane by overrunning the verges and cause disturbance for other road users.

3) Recommendation:

3.1. That permission for change of use from verge to concrete widened access at Broadview Scrapyard, Woods Lane, Cliddesden (Application No. BDB/70330) be refused for the following reason.

4) Reason for Decision:

4.1. The proposal is contrary to Policies DC3 and DC8 of the Hampshire Portsmouth Southampton and New Forest National Park Minerals and Waste Core Strategy (1997) and Policies E1(i) and (vii),and E6 (iii) and (iv) of the Basingstoke and Deane Borough Local Plan 1996-2011 in that the site entrance is visually intrusive and out of character with the character of Woods Lane and to regularise the further widening would increase this unacceptable impact. The further widening would also facilitate the use by vehicles which by their size damage the local environment and character of Woods Lane by overrunning the verges and adversely impact on the amenity of local residents and other road users.

1) Site and Proposal:

1.1. The site, as shown on the attached plan, is located on the edge of Cliddesden village to the south-east of the M3 motorway. The site is in use as a scrapyard and lies behind the frontage houses with access onto Woods Lane. The access to the main highway network is via Hatch Warren in Basingstoke. There is a tarmac access drive and most of the area of the scrapyard has been surfaced in concrete. There are portacabin offices, weighbridge and storage containers on site, together with crushing and lifting equipment and piles of scrap metal. The nearest houses are those on Woods Lane. The site is bounded on three sides by open countryside.

1.2. The scrapyard benefits from a Certificate of Lawful Use or Development (CLUD) granted by Basingstoke and Deane Borough Council in January 1993, and has a waste management licence granted by the Environment Agency. More recently there has been a change in ownership and an intensification of activity at the site.

2) Planning History:

2.1. BDB 34038 - Application to determine whether the existing use of part of the site for the handling and processing of scrap metal is lawful. Granted January 1993.

2.2. BDB 57807 - Erection of 24 dwellings, vehicular access, landscaping and open space. Refused October 2004.

2.3. BDB 63636 - Erection of 6 dwellings, creation of vehicular and pedestrian access, parking, garaging and landscaping. Withdrawn July 2006

2.4. BDB 67416 - Erection of detached dwelling following demolition of existing. Granted January 2008.

2.5. BDB 67375 - Construction of a noise attenuation bund to eastern boundary of site. Withdrawn March 2008.

2.6. BDB69048 - Construction of retaining wall and noise attenuation bund, construction of offices, processing and storage building, demolition of four existing buildings, erection of ground mounted mobile weighbridge, change of use from garden to waste management use, change of use from waste management to garden. Refused September 2008.

2.7. Enforcement Notice served July 2008 by Basingstoke and Deane Borough Council concerning:

(i) unauthorised extension to scrapyard;

(ii) retention of shipping containers;

(iii) hard surfacing of an area adjacent to the access;

(iv) the erection of a fence with a height of more than 2 metres;

(v) use of an area for residential use; and

(vi) retention of metal containers.

2.8. The applicant has complied with some of the requirements of the Enforcement Notice, and this application has been submitted to address the breach relating to the hard surfacing of the area adjacent to the access.

3) Proposal:

3.1 The applicant states that Woods Lane to the east is too narrow for most commercial vehicles and access to the site comes solely from the west, meaning right turn in and left turn out of the site only. To facilitate larger vehicles a strip of concrete has been added to the eastern side of the access. This is outside the area covered by the CLUD, and is therefore unauthorised. It is wished to retain this concrete strip and therefore retrospective planning permission is now sought for this widening of the access.

4) Development Plan:

4.1. Hampshire Minerals and Waste Core Strategy (July 2007) Policy DC3 (Landscape); Policy DC6 (Highways); Policy DC8 (Amenity) and DC13 (Waste Management and Recycling) are relevant.

4.2. Basingstoke and Deane Borough Local Plan 1996 - 2011 Policy E1 and E6 are relevant.

5) Consultations:

5.1. The Local Member, Councillor McNair Scott, raises objection to the retention of the widened access.

5.2. Basingstoke and Deane Borough Council raises objection on the grounds that the widening of the access has had an unduly urbanising effect on these otherwise rural surroundings and has resulted in an intrusive feature in the road as it approaches this attractive village. Furthermore, improving the efficiency of the site access retention of the wider driveway would increase disturbance to the quiet amenities of this rural area and local residents. For these reasons the proposed retention of the access in its current form would be contrary to policies E1 (i) and (vii), and E6 (iii) and (iv) of the Basingstoke and Deane Borough Local Plan 1996-2011 and policies DC3 and DC8 of the Hampshire Minerals and Waste Core Strategy.

5.3. Environmental Health Officer Basingstoke and Deane Borough Council raises no objection.

5.4. Environment Agency raises no objection.

5.5. Highway Authority comments that additional information show highway works in the form of minor carriageway widening at the site access which allow for HGV traffic to enter and exit the site without leaving the carriageway. Therefore have no objections subject to the conditions

5.6. Cliddesden Parish Council objects to the application on the following grounds:

(i) the unauthorised hard surfacing has the effect of urbanising this part of the countryside and has significantly harmed the character and appearance of the area;

(ii) the unauthorised hard surfacing has facilitated the unauthorised expansion of the existing lawful scrapyard use. This has resulted in an intensification of the activities which take place on the site and has resulted in an increase of disturbance caused to the rural and residential amenities of the area to an unreasonable extent;

(iii) the unauthorised hard surfacing has facilitated the widening of the access to the site. This has the effect of making the access itself and the activities involved in the lawful use, undesirably more prominent in this rural environment. Also, it allows more convenient and thus more frequent visits to the site by commercial vehicles, adding to the disturbance caused by the amenities of the area.

5.7. Campaign for the Protection of Rural England raises objection on the grounds that application has no merit and seeks to legitimise unauthorised actions.

6) Representations:

6.1. Thirteen letters of objection have been received from local residents on the grounds that:

(i) the unauthorised widening is onto adjoining residential curtilage not verge as stated;

(ii) the unauthorised widening has changed what was previously a well screened and unobtrusive entrance into what appears as a large industrial access totally out of keeping with the local area and its character;

(iii) the access road and local infrastructure are fundamentally unsuited to the heavy and frequent volumes of Heavy Goods Vehicles (HGVs) which have recently been operating;

(iv) even with this widening HGVs will not be able to access and leave the site without overrunning opposite the site, and HGVs accessing and leaving the site conflict with other road users as they take up the full carriageway for a considerable distance and time; and

(v) the application seeks to legitimise one of many planning breaches and a general disregard for due planning process. An approval would only encourage such an unacceptable approach.

7) Commentary:

7.1. It is considered that the main issues associated with this application are whether the proposals are acceptable in highway safety terms, the visual impact of the proposals and the impact the proposals would have for the operation of the scrapyard and consequently its impact on local residents.

7.2. The widening of the access is proposed to enable the access to accommodate large articulated HGVs. In the past, when the CLUD was originally granted, this size of vehicle did not visit the site. Even with this widening these vehicles would overrun the verge on the other side of Woods Lane.

7.3. When the CLUD was originally granted the access track was narrow and bounded by vegetation. More recently, as part of the intensification of the use of the scrapyard, the vegetation has been cleared creating a wide open access which is visually intrusive. The widening, which is the subject of this application, further confirms the intrusive visual impact. Woods Lane is a residential road running out of the village into open countryside, the access to the scrapyard is visually intrusive and out of character with its surroundings.

7.4. The intensification of the use of the scrapyard, following the clearance of the main scrapyard and clearance at the access, has increased disturbance for local residents. In particular there is increased disturbance from noise and traffic, as well as visual intrusion from the access. The proposed further widening of the access to facilitate use by larger lorries is likely to lead to an increase in this disturbance, and so would be additionally detrimental to the amenities of the local residents.

7.5. The applicant is clearly able to legitimately operate the site in accordance with the CLUD. However the CLUD has few restrictions, and the location of the site and its recent intensification has increased the adverse impact for local residents. Consequently it is considered that the site should be restricted to the area granted by the CLUD only and not further extended.

7.6. In conclusion, the site entrance is visually intrusive and out of character with the character of Woods Lane, to regularise the further widening would marginally increase this unacceptable impact. it would also facilitate the use by vehicles which by their size damage the local environment and character of Woods Lane by overrunning the verges and cause disturbance for other road users.

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 from verge to concrete access for safe HGV turning at Broadview Scrapyard, Woods Lane, Cliddesden, Basingstoke (Application No.BDB/70330) (County Council Ref: BA127)

Environment Department
Castle Avenue
Room G, Lower Ground Floor

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.

BASINGSTOKE AND DEANE BOROUGH LOCAL PLAN 1996-2011

Policy E1

Proposals for new development will be permitted provided that they are of a high standard of design, make efficient use of land, respect the amenities of neighbouring occupiers, and do not result in inappropriate traffic generation or compromise highway safety. All development proposals should therefore:

(i) respond to the local context of buildings in terms of design, sitting, density and spacing, reinforce attractive qualities of local distinctiveness and enhance areas of poor design; extensions should respect their host building;

(ii) provide a comprehensive landscaping scheme, where appropriate, enabling the development to successfully integrate with the landscape and surrounds, and not result in the loss of or have a potentially adverse impact on protected trees; and

(iii) not generate traffic of a type or amount inappropriate for roads, properties or settlements in the locality, and provide safe and convenient access for all potential users, integrating into existing movements networks and open spaces; and

(iv) provide a co-ordinated and comprehensive scheme that does not prejudice the development of adjoining land; and

(v) incorporate features to minimise the energy consumed in the construction and future use of the building, conserve water and minimise water use; and

(vi) create attractive public spaces, which are safe, minimise opportunities for crime, facilitate public enjoyment, and foster the legibility of the built environment; and

(vii) minimise the potential for pollution of air and soil and not create noise or light which harms living and working conditions or the public's enjoyment of the built and natural environment.

Policy E6

Planning permission will only be granted where it is demonstrated that the proposals will be sympathetic to the landscape character and quality of the area concerned.

Development proposals should contribute to the regeneration, restoration, repair or conservation of any landscape likely to be affected. In particular they should respect, and improve the following:

(i) the particular qualities of the relevant Landscape Character Area as defined in the Basingstoke and Deane Landscape Assessment; and

(ii) visual amenity and scenic quality; and

(iii) the setting of a settlement, including important views to, across and out of settlements; and

(iv) the local character of buildings and settlements, including important open areas; and

(v) trees, hedgerows, water features and other landscape elements and features; and

(vi) historic landscapes, features and elements.