Archived decisions

      HAMPSHIRE COUNTY COUNCIL

      Decision Report

    Decision Maker:

    Regulatory Committee

    Date of Decision:

    7 October 2009

    Decision Title:

    Proposed blending of organic products and minerals to create high quality topsoils at Eversley Quarry, Fox Lane, Eversley. (Application No. 09/01592/CMA) (Site Ref: HR038).

    Decision Reference:

    987

    Report From:

    Head of Planning and Development

    Contact name:

    Julia Davey

    Tel:

    01962 846732

    Email:

    [email protected]

      1. Executive Summary

      1.1. This report considers an application for the importation of compost material to Eversley Quarry to mix with as dug sand from the quarry off Fox Lane, Eversley to create high quality topsoil. The application is for a temporary permission until 31 December 2014. This is to tie in with the termination of the mineral extraction at Eversley Quarry which is currently operating under the Mineral Review (ROMP) permission granted in 2001 (99/00359/CMA). The application is made by Freeland Horticulture Limited whose main business headquarters are based at Rosedale Nursery in Hextable, Kent. The applicant states the company currently operates an existing soil blending facility nearby at Bramshill whereby sand is imported from Eversley Quarry to blend with compost to create topsoil. The proposed facility would use compost to the Publicly Available Specification (PAS100) which is a high quality compost material certified by the Association for Organics Recycling (AFOR). The applicant wishes to re-locate the existing operation to Eversley Quarry. The applicant adds that this application provides the opportunity to co-locate complementary soil blending and mineral operations thereby leading to efficiencies in terms of infrastructure costs, transport/fuel and energy consumption to the benefit of the applicant, local environment and amenity. The proposed development is expected to produce around 44,000 tonnes of topsoil product per annum.

      1.2. The site would be accessed along the existing, and part of a disused haul route leading to the site with the main highway access being the existing quarry access known as Hall's Way linking with Fox Lane and the B3272. The B3272 links directly to the west with the A327 part of the Strategic Lorry Route network. The access also serves ongoing restoration operations associated with Chandlers Farm Quarry, a sports facility and a long established water sports centre.

      1.3. The proposals would result in a net increase in HGV movements above existing of some 8-10 movements per day. In context, this relates to one HGV vehicle movement every hour and a half.

      1.4. The main issues raised by the proposal are whether there would be any noise, dust, odour, traffic or other amenity impacts created by the implementation of the proposal.

      1.5. It is considered that the proposal would be in accordance with the development plan (summary attached) in that it would not materially harm the character of the area (DC3), cause any adverse highway impact (DC6), or adverse amenity impacts (DC8) and that the site could be satisfactorily restored in accordance with the existing Mineral Review Permission once any permission granted has expired (DC12). It is also considered that the small office portacabin proposed would not have any adverse impact on the environment (DC22) and that the principle of co-location of complimentary activities is to be encouraged (S17).

      2. Site and proposal

      2.1. The site, as shown on the attached plan, extends across approximately 0.4 hectares of flat land just north of the existing concrete and mineral processing plant at Eversley Quarry, Fox Lane, Eversley.

      2.2. The southern boundary is partly demarcated by existing single storey quarry buildings; to the west by the existing mobile conveyor beyond which lies a lake, and to the north by earth bunds beyond which lies a drainage pond bordered by deciduous woodland. To the east the site is bordered by woodland with a rural gated access in the south-east corner. The area is temporarily being used for the storage of quarried minerals which are to be moved onto the main mineral stockpile area to the south of the plant.

      2.3. The nearest residential properties are located approximately 530 metres to the south-west at the corner of Fox Lane and Eversley Road alongside which the quarry and proposed vehicles would access the site. These properties are also within the Village Conservation Area, the nearest property to Fox Lane is a listed building. Other listed buildings are located on the western side of Eversley Road. There are also properties approximately 410 metres to the south of the site and approximately 150 metres south of the existing quarry entrance.

      2.4. There is a Site of Importance for Nature Conservation (SINC), a footpath and bridleway approximately 300 metres to the east of the site. There is also a footpath approximately 500 metres to the south west which joins with Fox Lane.

      2.5. The site is on land, as is the existing Quarry, which is designated as forming part of the Blackwater Valley Gap in the Hart District Local Plan.

      2.6. Planning permission is sought to import compost to mix with as dug sands to create a high quality topsoil to British Standard BS3882. The application is made by Freeland Horticulture Limited, the main business centre of which is located at Rosedale Nursery in Hextable, Kent. The applicant currently operates an existing soil blending facility nearby at Bramshill and wishes to re-locate the operation to Eversley Quarry. The applicant adds that this application provides the opportunity to co-locate complementary soil blending and mineral operations thereby leading to efficiencies in terms of infrastructure costs, transport/fuel and energy consumption to the benefit of the applicant, local environment and amenity.

      2.7. The site would be accessed along the existing and part of a disused haul route leading to the site with the main highway access being the existing quarry access known as Hall's Way linking with Fox Lane and the B3272. The access also serves ongoing restoration operations associated with Chandlers Farm Quarry, a sports complex and a long established water sports centre. Hart District Council granted permission to Eversley Sports Association on former quarry land in 2004 (03/01593/FUL) for the formation of playing fields, erection of changing rooms with car parking and extension to existing cricket pitch. Visitors use the same access junction with the B3272

      2.8. At present, the Eversley Quarry exports over 180,000 tonnes of mineral/sand per annum, equating to approximately 84 HGV vehicle movements per day

      2.9. The proposed development is expected to produce around 44,000 tonnes of topsoil product per annum. This level of topsoil product will require around 21,600 tonnes of compost and 52,000 tonnes of sand to manufacture. With the relocation of the facility to Eversley Quarry (which provides the constituent sand required) only the compost needs to be imported as part of the manufacturing process. The manufactured topsoil is then exported from the site to variety of developments and locations around the region. .

      2.10.Overall, the proposals will result in a net increase in HGV movements above existing of some 200 per month, or 8-10 movements per day. In context, this relates to approximately one HGV vehicle movement every hour .

      2.11.The applicant states that the principle of HGV access has already been established and judged by the County Council to be satisfactory for a much larger volume of traffic that was predicted in the original quarry application. The applicant considers the minor and temporary increase in HGV movements would not affect the current arrangements and no changes to the existing highways or access conditions approved by the Review of Old Mining Permissions (ROMP) for Eversley Quarry in 2001.

      2.12.There would be no buildings other than a temporary mobile portacabin measuring 2.5 metres wide x 3.0 metres long x 2.5 metres high. This would be would located in the south-east corner of the site backing onto existing quarry mess buildings to provide shelter for the site operating staff. The only plant located at the site would be a single mobile screening plant.

      2.13.The applicant states that in most cases the material would be sorted, processed and exported on the same day. Temporary stockpiling of small quantities of sand and compost and processed material may occasionally be required. Measures will be undertaken to reduce dust, noise and odour.

      2.14. With regards to odour, the applicant adds that the compost material being transported has been through a green waste process off site and has achieved the Publicly Available Specification 100 (PAS 100) for composted materials which was sponsored by the Waste and Recycling Action Programme (WRAP) and developed in conjunction with AFOR. AFOR states that PAS100 compost improves confidence in composted materials among end-users, specifies and blenders, and helps producers differentiate products that are safe, reliable and of high performance.  AFOR has adopted BSI PAS 100 as the specification that composted materials must meet in order to achieve the independently verified AFOR certification and use of the logo. The applicant states the majority of compost would be utilised on the same day of processing so there would not be a requirement for significant areas of stockpiling.

      2.15.The proposed hours of operation would be the same as the existing quarry, Monday - Friday 0700-1800 and Saturday 0700-1300 hours.

      3. Development plan

      3.1. Hampshire Minerals and Waste Core Strategy (2007). The relevant policies are: S17 (co-location) DC3 (landscape), DC6 (Highways), DC8 (Pollution, health, quality of life and amenity), DC12 (Restoration and Aftercare), DC13 (Waste Management and Recycling), DC22 (Additional Plant, Buildings and Minor Development).

      3.2. Hart District Local Plan 1996-2006 - policies GEN1(General) and CON20 (Blackwater Gap).

      4. Consultations

      4.1. The Local Member, Councillor Simpson, has been informed of the application.

      4.2. Hart District Council raise no objection in principle to the development which it states it is in accordance with the relevant Hart District Council Local Plan policies GEN1 and CON20. It states that its view of no objection is subject to Hampshire County Council fully considering the implications of the increased HGV movements in the highway network and if appropriate securing adequate mitigation. The District Council also request that the land be restored after operations cease ..

      4.3. Wokingham Borough Council states the application site is approximately 300 metres from the Borough's boundary and therefore raise no objection to the application because it is considered there would be no adverse impacts caused to the Borough or any of its residents by the application.

      4.4. Environmental Health Officer raises no objection to the application.

      4.5. Environment Agency South East have assessed the application as having a low environmental risk.

      4.6. Eversley Parish Council object to the application on the following summarised grounds:

          (i) highways - dangerous junction of Fox Lane and B3272; roundabout at the B3272/A327 junction; the junction of Bramshill Road and the A327; significant increase of traffic through village in bigger lorries; the recent Hampshire County Council road management scheme included road narrowing making roads unacceptable for 40 ton vehicles;

          (ii) impact on Church Green and Eversley Cross Conservation Areas and residents in Fox Lane, Eversley Centre and Eversley Cross;

          (iii) increased industrialisation;

          (iv) no significant benefit to village and will not create new jobs.

      4.7. Yateley Town Council states it had concerns that the proposal has the potential to create an unacceptable environmental impact but the Town Council adds that `if any identifiable nuisance can be accommodated this should be controlled by effective and enforceable conditions. For example traffic, noise and smells.'

      4.8. Highways Authority state that overall the proposals will result in a net increase in HGV movements above existing levels of some 200 per month, or 8-10 movements per day. In context, this relates to one HGV vehicle movement every hour and a half. It is suggested that these movements will be routed to the A327, via the B3272. The Highways Authority requested additional information from the applicant by way of an assessment of the adequacy of the site access junctions, the safety record of the local road network, and further detail on the proportionate increase in traffic (and HGV traffic) on local roads as a result of the proposals This has now been submitted and clarifies that the proposal would result in a marginal increase in traffic along the B3272 of 2.9% increase in HGV movements. The Highways Authority states that the adequacy of the junction of Fox Lane/B3272 has been considered as has the roundabout junction of the B3272/A327. Both of these junctions are compliant with current design standards and offer adequate visibility splays. No accidents were recorded at these junctions involving HGVs within the latest period over which Personal Injury Accidents are available. Whilst a number of Personal Injury Accidents have occurred on the wider local highway network over the period considered, only one accident involved an HGV occurring on the A30 some distance from the site. From the accident records examined there are no accident trends or patterns that are likely to be exacerbated by the proposed development.

      4.9.The small increases in traffic movements on the local network as a result of this proposal, around one additional HGV movement per hour, which are not likely to be discernable from daily traffic flow fluctuations, are nor considered likely to have an adverse impact on the safety or efficiency of the local highway network. To conclude, the Highway Authority raises no highway and transport objection to the proposed development.

      4.10.Defence Estates Safeguarding have no objection.

4.11.AG Farnborough Airport have no objection.

      5. Representations

      5.1. At the time of writing this report two letters raising comment and six objections have been received to the application (including from the Yateley Society). Objections are raised on the following grounds:

        (i) highway safety: a new sports facility is opening soon, which will share part of the access road; the B3272 is a very busy road; the size of the lorries to be used will exacerbate existing dangers and Fox Lane is very narrow and therefore unsuitable;

        (ii) noise impacts: reversing alarms; hours of working including Saturdays in addition to quarry noise; amenity impacts; noise and dust impacts when sports facilities beginning to be constructed and associated soils and rubble being screened (complaints made to Environmental Health Officer);

        (iii) dust: sheeting of lorries does nothing to reduce dust from quarry; dust created from screening of rubble associated with nearby cricket and sports complex development;

      (iv) odour: potential odour impacts;

        (v) sustainability: moving from Bramshill to Eversley Quarry will not necessarily be more sustainable as could blight the Blackwater Conservation Area and the new amenities for Eversley Sports association;

      (vi) industrialisation of countryside;

        (vii) Grade 2 listed property nearby and village conservation area, to which this development will have negative impacts.

      5.2. Concern have been raised about the need to obtain written clarification from the applicant that the only green waste that is imported to the site complies with the PAS100 standard; that the council should measure/monitor noise, dust and smells from a similar site within the 600 metre downwind radius; that Hampshire County Council may permit an extension of time for the plant site beyond 2014 and clarification that the lorries will be sheeted.

      6. Commentary

      6.1. The land use principle of this proposal is in accordance with the development plan notably the Hampshire Minerals and Waste Core Strategy (2007) in that it is co-location of a complementary activity within an existing quarry using mineral from that quarry to create topsoil through blending. It is also, as reinforced by Hart District Council, considered to be in accordance with the Hart District Local Plan in particular policies relating to the Blackwater Valley.

      6.2. The other development plan issues raised by the proposal are whether there would be any noise, dust, odour, traffic or other amenity impacts created by the implementation of the proposal.

      6.3. It is noted with relation to amenity issues such as dust, noise and odour that the Environmental Health Officer has raised no objection to the proposal. It is also noted that the nearest properties to the site itself are over 400 metres away to the south and therefore the proposed operations are highly unlikely to generate any noise or dust impacts at such as distance. It has been advised that the proposed five loads maximum going into and out of the site each day on top of the existing quarry traffic would be unlikely to cause any noise or dust impacts to the properties 150 metres from the site. If permission is granted conditions could be added to further control such potential impacts.

      6.4. Objections have also been received regarding odour. The applicant's proposed mitigation to reduce and prevent odour nuisance has been detailed in paragraph 2.17 of this report. Odour, it is advised, can become a nuisance if material stockpiles of compost are left for a significant period of time and then moved. This is not proposed here where material has already been processed prior to arrival, will be blended soon after arrival and meets the PAS100 specification certified by the Association for Organics Recycling (AFOR). It is noted that the local properties are a significant distance away from the site. The prevailing winds move in a south west to north easterly direction taking any minimal odours that there may be away from the properties. To conclude on amenity issues, it is considered it would be highly unlikely based on the information submitted for any significant impact to be caused by the development caused to nearly residents. However it is considered that conditions could be added were planning permission to be granted controlling amenity issues including ensuing that the only compost to be imported to the site is that which meets the Pas 100 standard.

      6.5. With regards landscape impact the County Council supports the view of Hart District Council that the proposal is unlikely to cause any significant landscape impacts to the Blackwater Valley or the locality generally because it is sited on disturbed ground within an existing mineral working. Conditions can however be imposed on any permission granted ensuring that stockpile levels are kept to a reasonable height.

      6.6. Traffic objections have been raised by the Parish Council and local residents and the Yateley Society. Also objections have been received from residents on the corner of Fox Lane, within the Conservation Area and occupiers of listed buildings about being adjacent to a traffic junction that through this proposal would be affected by an increase traffic and the noise associated with this.

      6.7. It is noted that the applicant has submitted additional information to the County Council as requested by the Highway Authority and it raises no objection to the proposal.6.8. Local residents have also asked for assurance that if permission is granted for this proposal that the existing facility at Bramshill will close down. The applicant through his agent has submitted stating that this will be the case should permission be granted for the Eversley facility.

      6.8. To conclude, this proposal is for small scale development across a small site area within an existing quarry and proposing an operation ancillary to the mineral stocking area within the quarry plant site. Residential properties are some distance from the site itself and it is considered unlikely by the Environmental Health Officer that any adverse noise, dust, or odour impacts from the proposed development would cause any such nuisance to these properties. It is noted that concerns have be raised by the occupants of listed buildings adjacent and close to the junction of Fox Lane with the B3272 but it is considered that no significant impacts would be caused to the occupants of these properties or to the buildings themselves by way of the proposal would generate an adverse impact an additional 10 movements per day would justify refusal of the application. Co-location of facilities is promoted by the government and supported by the Hampshire Minerals and Waste Core Strategy.

      6.9. On balance taking all matters into account, it is recommend that planning permission be granted subject to conditions.

      7. Recommendation

      7.1. That permission for proposed blending of organic products and minerals to create high quality topsoils at Eversley Quarry, Fox Lane, Eversley (Application No. 09/01592/CMA) (Site Ref: HR038) be granted subject to Conditions in Appendix 1.

      Links to the Corporate Strategy

    This proposal does not link to the Corporate Strategy but, nevertheless, requires a decision because:

    It proposes a sustainable solution to production of quality top soils by mixing recycled and processed green waste with on site minerals.

      Other Significant Links

    Links to previous Member decisions:

     

    Eversley Quarry ROMP mineral extraction permission

    Reference

    99/00359/CMA

    Date

    18 May 2001

         
         

    Direct links to specific legislation or Government Directives

     

    Title PAS 100 Compost Specification

    Date

    http://www.wrap.org.uk/recycling_industry/information_by_material/organics/production.html

     
       

    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

    None

     

      CONDITIONS

        Commencement

      1. The development hereby permitted shall be begun before the expiration of three years from the date on which this planning permission was granted.

        Reason: To comply with Section 91 (as amended) of the Town and Country Planning Act 1990.

        Timescale

      2. The soil blending and compost importation operations hereby permitted shall cease on or before 31 December 2014 or whenever the mineral extraction at Eversley Quarry terminates whichever is the sooner and the site shall be restored in accordance with the restoration scheme approved under permission No. 99/00359/CMA within a further period of six months or such longer period as the Waste Planning Authority may approve in writing.

          Reason: To minimise the duration of disturbance from the tipping operations.

        Hours of Working

      3. Unless otherwise agreed in writing by the Mineral Planning Authority no heavy goods vehicles shall enter or leave the site and no plant or machinery shall be operated with relation to the development subject of this permission except between the following hours: 0700-1800 Monday to Friday and 0700-1300 Saturday. There shall be no working on Sundays or recognised public holidays.

        Reason: In the interests of local amenity.

        Protection of Water Environment

      4. No solid matter shall be deposited so that it passes or is likely to pass into any watercourse.

        Reason: To prevent pollution of the water environment.

      5. 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.

      6. No sewage or trade effluent (including vehicle wash or vehicle steam cleaning effluent) shall be discharged to any surface water drainage system.

        Reason: To prevent pollution of the water environment.

        Noise, Dust and Odour

      7. All mobile plant serving the composting facility and operating within the approved composting site shall be fitted with low tonal white noise reversing alarms.

        Reason: In the interests of local amenity.

      8. Best Available Techniques (BAT) shall be used on the site at all times to reduce the impact of dust from all operations and activities, including plant, equipment, vehicles and machinery.

        Reason: In the interest of local amenity.

      9. All vehicles, plant and machinery operated within the site shall be maintained in accordance with the manufacturers' specification at all times, and shall be fitted with and use effective silencers.

        Reason: To minimise noise disturbance from operations at the site.

        Landscape

      10. No work, nor plant or material stored shall take place within the crown spread of the existing boundary trees directly adjacent to the development site approved by way of this permission.

        Reason: In the interests of the landscape character of the area.

      11. No felling of existing boundary trees shall take place.

        Reason: In the interests of the landscape character of the area.

      12. The site boundary shall be pegged out and approved on site by the Waste Planning Authority prior to the development commencing following which a protective fence 2.0 metres high shall be erected along the line of the site boundary where it adjoins the woodland prior to commencement of development and maintained for the duration of the development.

        Reason: In the interests of the landscape character of the area.

        Highways

      13. Measures shall be taken to ensure that no mud is deposited on any public highway. If, in the rare event this does happen, the mud must be thoroughly removed from the highway immediately following its deposition.

        Reason: In the interests of highway safety.

      14. All laden lorries entering and leaving the site shall be fully sheeted.

        Reason: In the interests of highway safety and the amenities of the area.

          Type of material

      15. Only composts that is certified by the Association for Organics Recycling (AFOR) as meeting the Publicly Available Specification 100 (PAS 100) for composted materials shall be imported to the site as part of this permission.

          Reason: In the interests of local amenities.

      Annexe to Reasons 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

      S17 - Co-location, systems and Infrastructure

      Minerals and waste developments should increase resource recovery and efficiency by the:

      a. Co-location of compatible minerals and waste facilities, including where appropriate, with suitable reprocessing, manufacturing or industrial uses;

      b. Use of `reverse logistics,' bulking and transfer for the movement of materials;

      c. Optimisation of waste collection and handling systems to allow the joint collection and handling of similar types of municipal, commercial and industrial waste.

      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.

      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.

      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.

      DC12 - Restoration and Aftercare

      Mineral extraction, landfill and other appropriate developments will not be permitted unless there is satisfactory provision for the restoration of the site, within a reasonable timescale, for an after use consistent with the general planning objectives of the area.

      The restoration and after care of sites should seek to meet two or more of the following planning objectives:

          a. Improving public access to the countryside, including public access for disabled people and recreation;

          b. Use for management of water resources and/or flooding management;

          c. The improvement of biodiversity;

          d. Use as back-up grazing;

          e. Return to agriculture, forestry or other `open' use recreational facilities.

      Proposals for mineral extraction and landfill must include provision for at least five years of aftercare following restoration of the site.

      Restoration proposals for mineral workings in Aerodrome Safeguarding Zones should take account of the need for progressive working and restoration, to prevent open water bodies becoming bird roosts.

      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 Minerals Plans, 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 water-borne 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.

      DC22 - Additional Plant, Buildings and Minor Development

      Additional plant, buildings and minor developments at active minerals and waste sites, or the exploration of minerals (except oil and gas), will be permitted provided, where appropriate, they do not extend the timescale for completion of the development, they are ancillary to the operation of the site or they provide for the co-location of complementary minerals and waste activities.