Archived decisions

HAMPSHIRE COUNTY COUNCIL

Decision Report

1. Executive Summary

1.1. Retrospective planning permission is sought for the change of use of an agricultural building and adjoining land for the storage and processing of builders waste at Heberdens Farm, Finchdean.

1.2. A previous application, number F22407/004/CMA, was withdrawn on 26 June 2008 so that the applicant could address the issues raised by the proposal.

1.3. A revised application has now been submitted (22407/009) to regularise the activities. The application differs from the previous one in that it has a reduced throughput, only seeks to store and process builders waste/soil and no longer includes concrete crushing.

1.4. The revised application contained a proposal for a new access. However, in response to comments received, the application has been amended to retain the existing access arrangements.

1.5. A report in respect of this application was taken to a meeting of the Regulatory Committee on 1 July 2009, but was deferred for a site visit to examine the site access and the operational area. The report itself has been amended to address errors in it observed at the meeting.

1.6. The main issues are:

(i) the impact of inert waste storage and processing within a site in an Area of Outstanding Natural Beauty (AONB) and the proposed South Downs National Park;

(ii) the impact of lorry traffic on the local road network; and

(iii) poor access.

1.7. In some instances the use of land for the storage and processing of waste can lead to inappropriate intensification of such a use in the countryside, which would be contrary to the designation of the area as an AONB and a proposed National Park. However, the inert material in this instance is soil, which is often used on farms for tracks and hardstandings. Moreover, it does not give rise to any significant environmental or amenity issues in terms of noise, odour or dust. The re-use of the redundant agricultural building provides mitigation to visual impact as well as environmental benefits, and so it is concluded that there is not an adverse impact on the recreational or environmental value of the area. Therefore the proposal does not prejudice the designations of the area.

1.8. The local roads, Ashcroft Lane and Finchdean Road, are not designed for taking lorry traffic and the access to the site is poor. However, the access and roads are currently used by agricultural vehicles and the proposal is for a maximum of 10 journeys a week with three axle grab loaders (12 tonne). With conditions to this effect, it is concluded the impact of the low number of traffic movements through the village of Finchdean would be tolerable.

1.9. It is considered that the proposal is in accordance with policies DC2, DC3, DC6 and DC8 of the Hampshire Minerals and Waste Core Strategy (2007), in that it would not prejudice the purpose of the designations relating to the area and nor have a significant adverse impact on the distinctive character of the landscape or amenity of the area by means of highways and noise.

1.10. DC13 (b) (Waste Management and Recycling), S4 (Recycling and Composting) and S5 (Capacity Requirements for Recycling, Composting and Recovery and Treatment) of the Hampshire Minerals and Waste Core Strategy 2007 are also relevant as the proposal supports the aim of recycling and using waste as a resource.

2. Site and proposal

2.1. The application site is 0.09 hectares and is situated to the north of the rural settlement of Finchdean, East Hampshire. The site comprises an existing open `Dutch barn' with a small area of land to the east of approximately 320 square metres. The site is at the highest elevation of Heberdens Farm and forms part of a collection of agricultural buildings set within the surrounding countryside. The area has been designated as an AONB and is within the proposed South Downs National Park. The current use of the Farm is as part of a working farm and livery.

2.2. Approximately 150 metres to the east of the site is a railway line running to the north and south. Some 140 metres to the south-east of the site is a farmhouse and associated buildings which are also in the ownership of the applicant. Further south beyond that is the village of Finchdean.

2.3. Access to the site is via the private road off Ashcroft Lane. This access point adjoins the junction of the main village road (Finchdean Road) and Ashcroft Lane. There are limited lines of sight to the left and to the right in particular and there are no pavements at this junction.

2.4. Two public footpaths are approximately 350 metres from the east of the site. Rowlands Castle Bridleway No. 2 shares approximately 200 metres of the haul road out of the Farm, heading southwards.

2.5. The proposed change of use is to regularise the use of the barn and adjacent land for the storage and screening of soil, in connection with the operations of a local builder. This diversification will provide income from the use of otherwise redundant buildings and space and it is said would provide additional income to enable the Farm business to survive.

2.6. It is estimated that up to approximately 100 tonnes of waste material per week would be brought onto, and temporarily stored at, the site. This will comprise inert soil, which will be screened on site to remove residual amounts of concrete, stone, and other builders' rubble. The soils will be graded and residual material will be removed from the site to be disposed of elsewhere. The recycled soils will be used solely for landscaping. Less than 100 tonnes of waste material will be stored on site at any time. In order to sort the incoming waste a two cylinder six horsepower screen grading machine will be used on site for a maximum of two days a week; for between four and six hours a day, between the hours of 10 am and 4 pm.

2.7. Additional machinery, including an excavator and a dumper truck, may also be required on site to move the recycled material.

2.8. Transport of the waste will involve the use of 12 tonne, three-axle grab lorries, moving a maximum of five loads per week (10 movements). These would make use of the existing access road between the site and Ashcroft Lane. The site has been used for the above operations for approximately two years, so this application seeks to regularise the ongoing activity.

3. Development plan

3.1. The most relevant part of the development plan is the Hampshire Minerals and Waste Core Strategy (2007): policies DC2 (Sites with International and National Designations), DC3 (Impact on Landscape and Townscape), DC6 (Highways), and DC8 (Pollution, Health, Quality of Life and Amenity). Policies DC13 (b) (Waste Management and Recycling), S4 (Recycling and Composting) and S5 (Capacity Requirements for Recycling, Composting and Recovery and Treatment).

4. Consultations

4.1. The Local Member, Councillor John West, is aware of this application.

4.2. East Hampshire District Council has no objection subject to there being no landscape objections from Natural England or South Downs Joint Committee Officer.

4.3. The Environmental Health Officer at East Hampshire District Council has no objection subject to an `hours of use' condition.

4.4. Environment Agency has no objection, subject to a surface water condition.

4.5. Natural England has no objection to the proposal, subject to conditions to control the size and frequency of lorry movements and the type of waste to be screened at the site.

4.6. The South Downs Joint Committee Officer has no objection to the proposal, subject to conditions to control the size and frequency of lorry movements and the type of waste to be screened at the site.

4.7. The Highway Authority has no objection, subject to there being restricted traffic movements.

4.8. The Rights of Way Officer raises no objection subject to two conditions to safeguard the public's use of the bridleway.

4.9 Rowlands Castle Parish Council objects on the grounds of increased Heavy Goods Vehicle traffic travelling through the village as a result of this proposal, as it is contrary to East Hampshire District Council Local Plan Policy C13 (d) (Farm diversification should not increase/danger public through traffic or change appearance of rural roads).

5. Site Visit

5.1. Ten Members of the Committee, Councillors Bryant, Mrs Bailey, Cooper, Hockley, McIntosh, Price, Neal, Pearce and Wall undertook a visit on 13 July 2009 to the site at Heberdens Farm, Finchdean which is the subject of a retrospective change of use of an agricultural building and adjoining land for the storage and processing of builders waste. The Head of Planning and Development introduced the application and outlined the key features of the proposal.

5.2. Members viewed the proposed waste site within the farm and went down the access road to the junction of Ashcroft Lane. The condition of the road and sight lines were noted.

6. Representations

6.1. To date there have been 15 letters of concern and objection from local residents. The grounds for objection are mainly related to traffic and protecting the integrity of the AONB. The objections have been listed as follows:

(i) heavy goods vehicles in principle are of concern; the village and surrounding highway network is made of narrow lanes, with no pavements. The access to the site is from an unadopted road, with up to 250 metres shared with a bridleway. There is low visibility for both drivers, horse riders and pedestrians when accessing and exiting the site;

(ii) the increase of traffic numbers is also of concern; the village is already congested due to not being on mains sewerage or gas. There is an accumulation of non-agricultural traffic already using the junction between Ashcroft Lane and Finchdean Road to gain access to Heberdens Farm;

(iii) lorries using the bridleway and farm track, via Netherley Road, leading onto the A3/M as a short-cut. There is potential risk to ramblers and horse riders;

(iv) there is concern over the storage and waste materials; with potential for the contamination of local water supplies. There is the potential risk of noise and dust;

(v) the solitude and tranquillity of the area will be disturbed;

(vi) the proposal will be highly visible and spoil the protected landscape.

6.2. There has been one letter of support.

7. Commentary

7.1. The location of the site is subject to two designations, the AONB and proposed National Park. The Hampshire Minerals and Waste Core Strategy stipulates in Policy DC2 (Sites with International and National Designations) that waste development, which is likely to prejudice the purpose of the designations, will not be permitted unless the reasons for development outweigh the likely adverse impact. Also, Policy DC3 (Impact on Landscape and Townscape) requires due consideration to be given to the need to maintain and enhance the distinctive character of the landscape. It is accepted that the site is exposed and viewable from other high levels in the surrounding AONB, and two public footpaths are within the vicinity. However, the scale and nature of activities are considered to be compatible with farming and so do not harm the amenity of the area. Natural England and the South Downs Joint Committee Officer have both responded with this view. Also, the site is screened from the nearby village by surrounding buildings, vegetation and by its elevated position. On site the reuse of the agricultural barn gives a degree of environmental and visual protection.

7.2. Both the applicant and the Parish Council have referred to the East Hampshire District Local Plan with regard to rural diversification. However, only limited weight is given to these points as Policy DC13(b) is very relevant as it gives support to the use of redundant buildings for waste management. This proposal is further supported by Policies S4 (Recycling and Composting) and S5 (Capacity Requirements for Recycling, Composting and Recovery and Treatment) of the Hampshire Minerals and Waste Core Strategy 2007 as it contributes towards the aim of recycling and the reduction in the amount of waste going to landfill.

7.3. The issue of potential traffic problems causing disturbance has been raised by local residents, Parish and County Councillors. The narrowness of local highways and lack of pavements is of concern as there may be conflict between large vehicles and pedestrians, ramblers and horse riders. This is of particular concern on the section of haul road that is also a Bridleway. The access using the junction of Ashcroft Lane and Finchdean Road is awkward and offers limited lines of sight. The cumulative impact of these potential movements, together with traffic already using the village is also raised.

7.4. However, owing to the low numbers of trips involved and the established use of the access, the Highway Authority feels an objection could not be sustained. To ensure that the impact of traffic associated with this proposal remains tolerable, conditions are recommended to restrict the hours of access/egress, size of vehicle to that of the three-axle grab loaders and number of vehicle movements. Therefore, the proposal will be in accordance with Policy DC6 (Highways) of the Hampshire Minerals and Waste Core Strategy.

7.5. Furthermore, the Bridleway will be protected by condition to prevent any surface alterations and guarantee the state of repair. Additional safety measures will be put in place to alert drivers to the possibility of other users.

7.6. The possible use of another bridleway and farm track, via Netherley Road, leading onto the A3/M as a short-cut has been raised. This is not perceived as an option, but a planning condition could be imposed to ensure that no access other than that specified on the application is used.

7.7. There is concern by residents that the storage and waste materials would have the potential to contaminate local water supplies. However, this is not believed to be a substantiated risk as the soils (and other small amounts of materials that may come on site in this load) are inert in nature and a condition could be imposed to prevent importation of deleterious material. The Environment Agency has raised no objection, subject to a surface water management scheme being approved. Similarly, the potential risk of noise and dust is low as the material is easily controlled by dust suppression measures when necessary. The only source of mechanical noise will come from the screening machine, which will be used twice a week, and this noise is not discernibly different from that of farm machinery. The potential for other industrial noise to be generated is removed by including a condition restricting permitted development rights, inclusive of concrete crushers. The hours of use will also be conditioned.

7.8. In summary, whilst there have been 15 local resident complaints in relation to the proposal, there have been no objections from statutory consultees. When considering all the above facts, it is acknowledged that the proposal will have some cumulative impact on the traffic volumes experienced on the local road network and there will be a degree of intensification of the Farm. However, the proposal is acceptable in that it is small scale and of a rural nature, and so does not prejudice the special designations of the area or local amenity. It would moreover, be very difficult to sustain a refusal of an application of such modest proportions and limited impact.

8. Recommendations

8.1 That planning permission in respect of the change of use of an agricultural building and adjoining land for the storage and processing of builders' waste at Heberdens Farm, Finchdean (Application No. F22407/004/CMA) be granted for the following reasons, subject to the conditions in Appendix B.

8.2 It is considered that the proposal is in accordance with policies DC2, DC3, DC6 and DC8 of the Hampshire Minerals and Waste Core Strategy 2007, in that it would not prejudice the purpose of the designated sites and nor have a significant adverse impact on the distinctive character of the landscape or amenity of the area by means of highways and noise. The proposal is also in accordance with East Hampshire District Local Plan Policies: Second Review (Adopted August 2006): Policy C13 (Rural Diversification).

8.3 Policies DC13 (b) (Waste Management and Recycling), S4 (Recycling and Composting) and S5 (Capacity Requirements for Recycling, Composting and Recovery and Treatment) of the Hampshire Minerals and Waste Core Strategy DPD are also relevant as the proposal supports the aim of recycling and maximising the use of waste as a resource.

Links to the Corporate Strategy

CONDITIONS

Hours of Working:

1. Unless otherwise agreed in writing by the Waste Planning Authority no heavy goods vehicles shall enter or leave the site and no plant or machinery shall be operated except between the following hours: Monday to Friday 0800 to 1730. There shall be no working on Saturdays, Sundays or recognised public holidays. Notwithstanding the above, the two cylinder six horsepower screen grading machine is to be operated between the hours of 10am and 4pm only.

Reason: In the interests of local amenity.

Highways

2. There shall be no use of Ashcroft Lane to access the site other than the part between the site entrance and Finchdean Road.

Reason: In the interests of highway safety.

3. The area of Ashcroft Lane within the applicant's ownership shall be maintained in a good state of repair. If the area is found to be of inadequate surface by the Waste Planning Authority, remedial works shall be completed with in one month of the Waste Authority's written request.

Reason: In the interests of the community users of the un-adopted road.

4. There shall be no more than ten vehicles movements (five in and five out) in any week (Monday to Friday) of vehicles associated with the approved development and there shall be no vehicle movements on Saturdays, Sundays or recognised public holidays.

Reason: In the interests of highway safety.

5. The access/egress of vehicles associated with the approved development shall be restricted to the haul road and access route as illustrated on the location plan (dated 23 April 2009).

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

6. The vehicles associated with the approved development shall be restricted to that of 12 tonne, three-axle grab lorries only.

Reason: In the interests of highway safety.

Rights of Way

7. The development hereby permitted shall not be commenced until such time as details of crossing points with public Rights of Way has been submitted to, and approved in writing, by the Waste Planning Authority. The scheme shall be implemented as approved.

Reason: To safeguard public rights of way.

8. No surface alterations/works to Rowlands Castle Bridleway No.2 shall take place without prior written consent of the Waste Planning Authority. Any works shall be implemented as approved.

Reason: To safeguard public rights of way.

Restriction of Permitted Development Rights

9. Notwithstanding the provisions of Parts 4 and 8 Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that order):

(i) fixed plant or machinery, buildings, structures and erections or private ways shall not be erected, extended, installed or replaced at the site without the prior agreement of the Waste Planning Authority in writing.

Reason: To protect the amenities of the area.

Protection of Water Environment

10. The development hereby permitted shall not be commenced until such time as a scheme to dispose of surface water has been submitted to, and approved in writing, by the Waste Planning Authority. The scheme shall be implemented as approved.

Reason: In the interests of groundwater protection.

11. There shall be no importation or storage of waste at the site other than clean, inert, soils and spoil arising from excavations associated with building works.

Reason: To protect the amenities of the area.

Annexe to Reason for Conditions

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

(General Procedure) Order 1995 - as amended)

HAMPSHIRE MINERALS AND WASTE CORE STRATEGY DPD 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 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.

S4 - Recycling and Composting

There will be a progressive increase in the average recycling and composting rates for all municipal, commercial and industrial waste to 50% in 2010; 55% in 2015 and; 60% in 2020.

S5 - Capacity Requirements for Recycling, Composting and Recovery and Treatment

Waste management capacity (including specialist facilities as detailed in Policy S7) will be provided in the period to 2020, as follows:

Recycling and Composting - facilities for the reception, storage, segregation and processing of 1.86 million tonnes a year of municipal, commercial and industrial waste (and associated bulking-up, transfer and contingency storage facilities);

Recovery and Treatment - facilities for the reception, storage and treatment of 0.93 million tonnes a year of municipal, commercial and industrial waste (and associated bulking-up and transfer facilities).