Archived decisions

HAMPSHIRE COUNTY COUNCIL

Decision Report

1. Executive Summary

1.1. The proposal is to construct a noise attenuation bund between Church Lane and the M27. The bund would be constructed in two phases, either side of the overhead electricity line using inert waste from the construction industry and baled tyres. The total quantity of waste to be imported would be about 90,000 cubic metres. If granted permission, it is anticipated phase one would be completed by the end of this year: phase two waste tipping would be undertaken during 2010 and restoration completed by September 2011. Access would be from Station Road and the proposal would generate an average 32 Heavy Goods Vehicles (HGVs) movements per day. It is calculated that the construction of the bund would reduce noise by up to nine decibels (dBA). It is also concluded that noise during the construction of the bund would be within acceptable limits.

1.2. The main issues associated with this application are whether the benefits in terms of noise attenuation outweigh the disturbance caused by the construction of the bund, and whether the bund would be acceptable visually.

1.3. The recommendation is to refuse planning permission. Whilst the proposed bund would provide attenuation of noise from the M27 and would visually screen the M27 from Church Lane, very few residents would benefit. In fact those residents most likely to benefit raise objection, as they do not consider any benefit would override the disturbance from construction. Therefore it is concluded that the proposal is contrary to policy in that the adverse amenity impacts for residents and users in the locality from the construction of the bund would outweigh the proposed noise and visual benefits of the bund once completed.

2. Site and proposal

2.1. The site, as shown on the attached plan, comprises an area of 3.15 hectares of land between the M27 and Church Lane, Nursling. The site was worked for sand and gravel in the 1980's, backfilled with inert waste and restored to pasture. It is currently used for horse grazing. The site is crossed by a 400 kilovolt overhead electricity line. There are about five houses along Church Lane, together with St. Boniface's Church and Church Farm, where buildings have been converted to business uses. In addition there are houses on the other side of the M27 along Station Road, which is the access to the site. There is an existing bund between Nursling House and the M27 which was constructed at the time of the motorway construction.

2.2. The proposal is to construct a noise attenuation bund between Church Lane and the M27, between the existing bund in the west and Station Road to the east. The bund would be about 375 metres long and vary in height between six and seven metres, with the low point being underneath the electricity line. The bund would have a steep face (one in three) against the M27 and a gentler slope towards Church Lane, the most gentle slope being at the eastern end (one in 12). The face against the M27 would be planted with trees and shrubs as would the inner face near Church Cottages, the most gentle eastern slope would be returned to pasture.

2.3. The bund would be constructed in two phases, either side of the electricity line, using inert waste from the construction industry and baled tyres. The tyres would include those currently stored at Ashfield. The method of construction would be to use the baled tyres as the core of the bund in phase one, which would then be covered with inert fill, compacted to ensure stability, and spread with soils. Phase two would follow on from phase one, and would also use tyre bales if available, but which would otherwise would be constructed with inert waste. The total quantity of waste to be imported would be about 90,000 cubic metres. Phase one would take about 26,000 cubic metres (of which about 17,000 cubic metres would be baled tyres) and phase two would take about 64,000 cubic metres. If granted permission it is anticipated phase one would be completed by the end of this year, phase two waste tipping would be undertaken during 2010 and restoration completed by September 2011.

2.4. Access would be from Station Road, with lorries being routed directly to and from the M271 (junction 1) as is currently the case with the applicant's nearby recycling facility at Lee Lane, Nursling. The proposal would generate an average of 32 HGV movements per day, which equates to about four per hour.

2.5. A noise assessment has been submitted with the application, which concludes that the proposed bund would benefit substantially the occupiers of the local residential and commercial properties and the Church by attenuating the noise from the M27. It is calculated that the noise reduction would be up to 9 dBA. The noise assessment also concludes that noise from the construction of the bund would be within acceptable limits.

2.6. The application is accompanied by an ecological evaluation, a Flood Risk Assessment and a geotechnical report. Also attached is the `Specification for the production of tyre bales for use in construction' (PAS 108) produced by BSI (the British Standards Institution) and WRAP (Waste & Resources Action Programme) to demonstrate the feasibility and suitability of using baled tyres.

3. Development plan

3.1. Hampshire, Portsmouth and Southampton Minerals and Waste Core Strategy (July 2007) Policy DC3 concerns landscape, DC8 concerns amenity and DC 14 concerns landfill.

4. Consultations

4.1. The local Member, Councillor Perry, has serious reservations and raises objection. He comments that reference is made in the planning statement to the `degraded' nature of the urban fringe environment and he believes this work would further degrade the area. There are very few residential properties that would derive any benefit from noise attenuation. The transporting of tyres would create gross disturbance with significant number of lorry movements and seems to be counter to the objectives of the consent for the tyre depot at Ashfield. Proper restoration of agricultural land after mineral extraction is crucial and using land for tipping of waste (tyres or otherwise) should be kept to a minimum. The site is close to the valley of the River Test, New Forest National Park as well as the historic St Boniface Church and should not become a tyre dump, even if they are covered over.

4.2. Test Valley Borough Council has no comments.

4.3. Environmental Health Officer, Test Valley Borough Council, comments that the proposal would be beneficial to the local residents with regards to the levels of noise experienced from the M27, although the gap between the old bund and the proposed and the low point due to the power lines mean it is not as effective as it could be. Recommends conditions concerning hours of working, dust control and landfill gas control from the historic landfill.

4.4. Highways Agency has no objection to the application.

4.5. Highway Authority comments that Station Road has sufficient width for two HGVs to pass one another and forward visibility is good. It is expected that while the application will generate additional vehicle movements for a temporary period there will be no detrimental impact to the highway given its existing use. There are no highway objections, subject to a condition requiring a Construction Traffic Management Plan.

4.6. Environment Agency raises no objection subject to condition to ensure compliance with the Flood Risk Assessment.

4.7. Romsey Extra Parish Council objects on the grounds that it will create extra traffic on the roads surrounding the site area with no quantifiable benefit. Finally the Parish Council can see no justification for the bund.

4.7 Nursling and Rownhams Parish Council objects to the application on the grounds that:

(i) the residents and Parish Council do not support the need for this proposal on an acoustic reduction need;

(ii) the impact on the environment of the proposed bund would be environmentally unfriendly and appears to be a devious means of fly-tipping waste onto the countryside;

(iii) increased traffic movements, construction and dust would be of detriment to the quality of life of the residents of Church Lane and Station Road;

(iv) potential for contamination to spread onto the M27 surface is unacceptable;

(v) loss of visual amenity; and

(vi) there is a current wish for the number of tyres at Ashfield to be reduced. This is a worthy attitude, however as the site has a current permission for waste recycling (albeit for tyres at present) once space has been made available it would be very hard to refuse a variation into waste transfer or other type of handling, resulting in an unacceptable level of lorry movements in the dangerous location of the A3057 off the Ashfield roundabout.

5. Representations

5.1. Letters of objection have been received from three residents of Church Lane on the grounds of little benefit from 18 months of dust and disturbance. Tyres are unsuitable and should not be tipped in the countryside.

5.2. Letters of objection have been received from two residents of Station Road on grounds of dust and noise, particularly from increased lorry traffic.

6. Commentary

6.1. The main issues associated with this application are whether the benefits in terms of noise attenuation outweigh the disturbance caused by the construction of the bund and whether the bund would be acceptable visually.

6.2. The noise assessment concludes the noise attenuation would be up to 9 dBA, which would be a noticeable improvement. The report comments that in this case the conclusions can be validated as there is already a bund alongside Nursling House, so actual readings can demonstrate the noise attenuation that would be achieved. The Environmental Health Officer agrees with this conclusion. However, there are very few properties along Church Lane which would benefit from this attenuation. Clearly these properties would also be adversely affected, albeit temporarily, by the disturbance from the construction of the bund. It is noted that the nearest residents, who would benefit most from noise attenuation, have objected as they do not consider this benefit overrides the disturbance they would experience from construction, including the disturbance caused by the associated lorry traffic.

6.3. Specific concern has been raised about the use of baled tyres to construct the core of the bund. The use of baled tyres in construction has been considered by BSI and WRAP and a specification produced. The applicant would comply with this specification. Therefore the use of baled tyres would be suitable in principle for this proposal and there are sufficient waste tyres locally to be able to carry out the construction within the timescales proposed.

6.4. The M27 at this location is on an embankment and is very prominent visually when viewed from Church Lane. The proposals include detailed landscaping, to provide for extensive tree and shrub planting on the motorway side and a combination of tree and shrub planting and restoration to pasture for the Church Lane side. The planting species would be native and designed to benefit nature conservation and biodiversity. Consequently the landscaping and landform would be effective in screening the M27 from Church Lane. However, it would change the character of the locality by creating more enclosure. There would also be an impact in restricting views from the M27, at present it is an open view across countryside with views of the attractive St. Boniface's Church. Therefore, whilst the bund would be effective in screening the M27 and the landform and landscaping are appropriate, any beneficial impact is insufficient to override the disturbance caused by its construction.

6.5. In conclusion, the proposed bund would provide attenuation of noise from the M27 and would visually screen the M27 from Church Lane. However, very few residents would benefit from the attenuation and those most likely to benefit raise objection as they do not consider any benefit overrides the disturbance from construction. Therefore, it is concluded that the proposal is contrary to policy in that the adverse amenity impacts for residents and users in the locality from the construction of the bund would outweigh the proposed noise and visual benefits of the bund once completed.

7. Recommendation

7.1. That permission for the construction of a noise attenuation bund for M27 at land at Church Lane, Nursling (Application No: 09/00969/CMAS) be refused for the following reasons.

7.2. The proposal is contrary to Policy DC14 of the Hampshire Portsmouth Southampton and the New Forest National Park Minerals and Waste Core Strategy in that the site is not identified for landfill use, is not part of the restoration of a mineral site nor is it an existing or unrestored mineral void and there is insufficient justification for an exception to policy.

7.3. The proposal is contrary to Policy DC8 of the Hampshire, Portsmouth, Southampton and New Forest National Park Minerals and Waste Core Strategy in that the adverse amenity impact for local residents in terms of noise, dust and disturbance during construction of the bund outweighs the noise attenuation benefits of the bund once completed.

Links to the Corporate Strategy

Annexe to Reasons for Refusal

(as required by Article 22 of the Town and Country Planning

(General Procedure) Order 1995 - as amended)

HAMPSHIRE, PORTSMOUTH AND SOUTHAMPTON MINERALS AND WASTE CORE STRATEGY (JULY 2007)

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.

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.

DC14 - Landfill

Planning permission will be only be granted for landfill provided the site:

a. Is identified for landfill use, as part of the restoration of a mineral site, in the Hampshire Minerals Plan, or pending its adoption is an existing or proposed un-restored mineral void, and in the case of non-hazardous landfill is within the landfill potential area shown on the Key Diagram, and

b. Appropriate provision is made for the pre-treatment or sorting of waste, either on or off site, to substantially reduce its biodegradable and recyclable content, and

c. It does not pose an unacceptable environmental risk, including risk to groundwater, and

d. It is close to, and with good access to, the minerals and waste lorry route, as shown on the Key Diagram.