Archived decisions

HAMPSHIRE COUNTY COUNCIL

Decision Report :


Decision Maker:			Regulatory Committee
Date of Decision:			27 May 2009
Decision Title:			Applicant: R F Salvidge Farms Limited Proposed variation of conditions, Bunny Lane Recycling Centre, Timsbury (Application No. 09/00450/CMAS) (County Council Ref: TV066)
Decision Reference:			737
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 waste recycling facility was originally granted planning permission in 2006, and has a temporary planning permission up to 30 June 2015. The proposal is for a variation of some of the planning conditions, a copy of the current planning permission and conditions are attached as Appendix 3.

1.2. The proposed variations are:

(i) Condition 1 - change description to "waste recycling facility";

(ii) Condition 2 - add "when these sites are operational" after reference to Hunts Farm and Bunny Lane Landfill sites;

(iii) Condition 3 - concerning reversing alarms add "or as otherwise may be agreed by the Waste Planning Authority";

(iv) Condition 11 - include restoration requirements in Condition 1, and amend condition to define areas within the site for inert waste recycling, mixed waste recycling and waste wood;

(v) Deletion of Condition 12 and addition of new Condition 13, below; and

(vi) Condition 13 - an additional condition to maintain the haul road in a clean condition to avoid mud or debris being carried onto the public highway.

2) Issues:

2.1. The applicant states that they consider the conditions imposed on the planning permissions granted in 2008 are unclear, and the proposed variations are for clarification. The issues are whether the proposed variations provide the certainty, and whether they weaken or strengthen control of the site.

2.2. It is concluded that the proposals would give certainty to the applicant that the site can operate to 30 September 2015; the changes do not weaken control of the site; and the additional conditions to define areas within the site and to maintain the haul road to prevent mud getting onto the highway provide improve control of the site.

3) Recommendations:

3.1. That planning permission in respect of the variation of conditions 1, 2, 3, 11 and 12 of and the addition of condition 13 to planning permission 08/01463/CMAS at Bunny Lane Recycling Facility, Bunny Lane, Timsbury, Hampshire (Application No: 09/00450/CMAS) be granted for the following reason, subject to the conditions 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 would maintain the link to the Hunts Farm Quarry and Bunny Lane Landfill, would provide certainty for the operator and would not weaken control of the site and so 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.

MAIN REPORT

1) Site and proposal:

1.1. The site, as shown on the attached plan, extends across 3.35 hectares of derelict land, within an area designated as countryside in the Test Valley Borough Local Plan at Timsbury, near Romsey. The Bunny Lane Landfill, comprising approximately 43 hectares, borders the site to the north and east. To the west of the site the land is rough grazing which falls away to the valley of the Test. At the southern boundary of the site is Bunny Lane, a rural road that serves a Household Waste Recycling Centre (HWRC), and Casbrook Industrial Park.

1.2. The nearest residential properties lie to the north of the site beyond the old Redland Tileworks on Rudd Lane. Test Valley Borough Council has granted planning permission for a housing development comprising around 30 houses on the old Redland Tileworks site.

1.3. The application site is accessed from the existing Bunny Lane Landfill entrance onto Bunny Lane. It is also the main point of access to the Hunts Farm Quarry to the north of Rudd Lane. A public footpath shares the initial part of the haul road off Bunny Lane.

1.4. The waste recycling facility was originally granted planning permission in 2006, and has a temporary planning permission up to 30 June 2015. The proposal is for variation of conditions on the planning consent. The proposed variations are:

(i) Condition 1 - change description to "waste recycling facility";

(ii) Condition 2 - add "when these sites are operational" after reference to Hunts Farm and Bunny Lane Landfill sites;

(iii) Condition 3 - concerning reversing alarms add "or as otherwise may be agreed by the Waste Planning Authority";

(iv) Condition 11 - include restoration requirements in Condition 1, and amend condition to define areas within the site for inert waste recycling, mixed waste recycling and waste wood;

(v) Deletion of Condition 12 and addition of new Condition 13, below; and

(vi) Condition 13 - an additional condition to maintain the haul road in a clean condition to avoid mud or detritus debris?being carried onto the public highway.

2) Planning history

2.1. TVS1051/9 - Planning application for new waste recycling facility - granted April 2006.

2.2. 08/00887/CMAS - The development of land without complying with Conditions 2 (time limit) and 13 (restoration) of Planning Permission TVS01051/9 - granted May 2008.

2.3. 08/ 01463/CMAS - The development of land without complying with Condition 3 of Planning Permission TVS01051/9 - granted July 2008.

3) Development Plan:

3.1. Hampshire Minerals and Waste Core Strategy (2007) Policy DC13 concerns recycling facilities.

3.2. Test Valley Borough Local Plan (2006) Policy SET03 concerns development in the countryside.

4) Consultations:

4.1. The local Member, Councillor Woodhall, comments that the applicants are running a successful and very effective recycling facility, and hopes that the Regulatory Committee will look at this in a practical way but at the same time take notice of the comments made by the Parish Council

4.2. Test Valley Borough Council - comments awaited.

4.3. Environmental Health Officer, Test Valley Borough Council, responds that he has no comments to make on the proposed variations.

4.4. Environment Agency - respond that they have no comments.

4.5. Highway Authority comments that the proposed variations are not considered to have a detrimental or significant impact on the highway and therefore raises no objections.

4.6. Michelmersh and Timsbury Parish Council raises objection on the grounds that it sees no need to change conditions that were agreed less than one year ago. It believes that by changing the conditions, traffic movements will increase. It also believes that if the restrictions on reversing alarms are relaxed, increased noise will result. Both these scenarios must be resisted in a rural area.

4.7. Braishfield Parish Council raises objection on the grounds that although described as a `clarification' of conditions, in reality it is for a relaxation of them. The Parish Council sees no reason why the conditions on reversing alarms or confining of the recycling activity to using Hunts Farm and Bunny Lane sites should be relaxed in any way. The approval for the activity clearly states that the activity is ancillary to the landfill sites.

5) Representations:

5.1. One letter received from a local resident supporting the application, commenting that they had not been disturbed by the operations.

6) Commentary:

6.1. The applicant states that it considers the conditions imposed on the planning permissions granted in 2008 are unclear, and the proposed variations are for clarification. The issues are whether the proposed variations provide the certainty, and whether they weaken or strengthen control of the site.

6.2. The applicant has concern in particular at the link in the conditions between the recycling facility and the Hunts Farm and Bunny Lane Landfills. The landfills are to be used for disposal of inert reject material from the recycling. The proposed variation is to make it explicit that other landfill sites can be used for such disposal if Hunts Farm and Bunny Lane Landfill are not operational. Under the current condition there would need to be approval by the Waste Planning Authority before other landfill sites could be used. However it would not be reasonable to withhold that approval if the situation arose that Hunts Farm was completed, but Bunny Lane Landfill was not operational. This variation would provide more certainty for the applicant that it could continue the recycling facility to 30 June 2015.

6.3. The existing condition regarding reversing alarms is specific. The proposed variation would be to allow other forms of reversing alarm with the agreement of the Waste Planning Authority. This would be acceptable provided it did not lead to the use of high noise alarms.

6.4. The submitted plan identifying the areas for inert waste, mixed waste and waste wood in detail is helpful, and the proposed condition would secure compliance. Similarly, a condition to maintain the haul road to prevent mud and debris getting onto the public road is necessary as there have been problems of mud on the road from this site and others.

6.5. Notwithstanding the comments of the parish councils the proposed amendments to the conditions would not extend the life of the site nor increase the capacity of the site beyond the existing consent. However It would give certainty to the applicant that the site can operate to 30 September 2015, and additional conditions to define areas within the site and to maintain the haul road to prevent mud getting onto the highway provide improve control of the site.


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
Proposed variation of conditions, Bunny Lane Recycling Centre, Timsbury (Application No. 09/00450/CMAS) (County Council Ref: TV066)	Environment Department Castle Avenue Room G, Lower Ground Floor

2050/737/PDC

CONDITIONS:

1) Permission hereby granted shall be for a limited period expiring on 30 June 2015 after which time the importation, sorting and processing of waste shall cease and the inert waste recycling facility, subject of this application, shall be discontinued permanently, all plant hardstandings, bunds, fencing, offices and ancillary development removed, and the site shall be restored to agriculture in accordance with permission no.TVS4769/2 (subsequently carried forward by planning permission no. TVS01051/9) within a further period of six months.

Reason: The development is of a type not considered suitable for permanent retention.

2) Inert arisings from the recycling facility hereby permitted shall be tipped in Hunts Farm Quarry or at Bunny Lane landfill when these sites are operational to facilitate their restoration of these two sites unless otherwise agreed in writing by the Waste Planning Authority. When Hunts Farm Quarry and Bunny Lane Landfill sites are not operational the inert arisings may be tipped elsewhere.

Reason: The use is ancillary to the permitted restoration scheme at Hunts Farm Quarry and Bunny Lane.

3) Reversing alarms attached to vehicles visiting and machinery reversing on the site shall be low-level and tonal `white noise' type alarms or as otherwise may be agreed by the Waste Planning Authority in writing.