Archived decisions

HAMPSHIRE COUNTY COUNCIL

Decision Report

1. Executive Summary

1.1. Retrospective planning permission is sought for the change of use from agricultural storage to use of land for storage and transfer of waste material associated with gas utility works and ancillary storage of plant and equipment and materials associated with general construction and civil engineering business for a temporary period of time at Marwell Yard, Thompson Lane, Owslebury, Winchester.

1.2. The main issues are:

(i) the site is within the countryside and the designated South Downs National Park; and ;

(ii) impact on local amenity

1.3. That planning permission for the retrospective application to store and transfer waste material at Marwell Yard, Thompsons Lane, Owslebury is recommended for refusal on the grounds that the development is contrary to Policy DC2, and DC13 of the Hampshire Minerals and Waste Core Strategy (2007). It is thought that industrial, including waste activities would not be an acceptable activity in the countryside and the designated South Downs National Park. An increase in the number of vehicle movements would adversely impact on the amenities of the area.

2. Site and proposal

2.1. The application site is 0.75 hectares and is situated to the south of the village of Owslebury, Winchester. The site comprises a steel framed (agricultural) storage building in the south-east corner with a compound in the north east corner, which is enclosed by 1.8 metre high steel palisade fencing. Material is stockpiled to the west of the storage barn. The site is located in countryside within the South Downs National Park.

2.2. Access to the site is via a short, tarmac surfaced access road, which becomes an uneven track off Thompsons Lane, this is accessed off Portsmouth Road B2177. Thompsons Lane services Marwell Zoological Park, a grain store, plant nursery and an insulation company.

2.3. To the north of the site is a 20 metre wide strip of woodland which screens the site from views from Thompsons Lane. On an adjacent site to the east, there is a telecommunications mast and a group of agricultural/storage buildings. To the south, there is open countryside. On land to the west, there is an open storage use.

Site History

2.4. In 2002 planning permission was granted by Hampshire County Council for a composting and worm farm, tree nursery for fodder and landscaping for Marwell Zoo. The proposal was a departure from the development plan, but it was considered that the development 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. This site covered a larger area than the site proposed in this planning application. In 2004 an extension of time for the implementation of development was then sought for this planning permission, this was also granted by Hampshire County Council and extended for a further two years. Neither of these permissions were implemented. Complaints were received over the following few years regarding stockpiles of inert waste that were on site. No enforcement action had to be taken because the stockpiles were removed following a letter being sent by Hampshire County Council.

2.5. The site at Marwell Yard also has a planning history with Winchester City Council. In September 2005 the storage building located on the south east of the site was the subject of an Agricultural Prior Notification, to which Winchester City Council raised no objection. This barn was erected by the `Marwell Preservation Trust'.

2.6. In 2006 an application was submitted to Winchester City Council for the erection of two hay, machinery and plant equipment storage buildings on land off Thompson Lane. On 19 January 2007 planning permission was granted, but the development has not taken place to date.

2.7. The use of the barn on site for agricultural purposes ceased when the land was by sold by Marwell Zoological park to the current owner on 7 March 2008. There is no longer a need to use the building or the adjoining land for agricultural purposes ancillary to the operation of the zoological park.

2.8. In July 2008, the site started to be used for the storage of plant, equipment and materials associated with a general construction and civil engineering business (Essex Utilities Limited). This included the use of the existing agricultural storage building in the south east corner of the site. Winchester City Council entered into correspondence with the landowner and in February 2009 the landowner was informed that the use of any of the buildings on the land for the purpose other than agriculture constitutes a material change of use for which planning permission is required and that a planning application should be submitted as soon as possible.

2.9. On 14 April 2009 a routine visit by Hampshire County Council highlighted that unauthorised waste activities were being undertaken on site. Following this visit and the correspondence with Winchester City Council a retrospective planning application was submitted.

2.10.In May 2009 an application (09/01046/HCS) was made to Hampshire County Council for a change of use from agricultural storage to use of land for the storage and transfer of waste materials, the same as we see before us now. During the decision making process further information was requested in the form of a transport assessment, this information was not provided to Hampshire County Council in sufficient time and the application was withdrawn on 1 September 2009. The application has now been resubmitted with the requested transport assessment and improved site plans.

2.11.Following submission of this planning application, the site operators Essex Utilities have finished working on the site and have been replaced by a company called `Conroy', who will complete the existing contracts for Southern Gas Networks. The site activities will not alter as a result of this change.

Proposal

2.12. The proposal is to continue to use the land and building for storage of plant equipment and materials associated with the company `Conroy' for a temporary period of time up until 31 August 2011. Approximately 64 tons of construction and demolition waste is delivered to the site each working day (Monday to Friday). The material is transported to and from the site in heavy goods vehicles (HGVs) capable of carrying a 20 ton load. A maximum of eight HGV movements per day. Two 16 ton grab lorries and a suction excavator arrive and leave the site each day accounting for a further six vehicle movements. The maximum number of daily movements by HGVs is 14. The site operator has a goods vehicle licence for seven vehicles.

2.13. The waste that is delivered to the site is put through a screener, transferred to the barn/storage building for overnight protection. It is then returned to the site of its origin the following working day. The waste material is inert and non contaminated spoil. The Environment Agency has placed the activity on its public register of exempt activities under the Environmental Permitting (England and Wales) Regulations 2007.

2.14. The site is open Monday to Friday between 6.00 am and 6.00 pm but is only operational between 8.00 am and 5.00 pm. A yardman operates a seven ton excavator, five ton dumper and portable screener, carrying out the site activities between 8.00 am and 2.30 pm. Additional site lighting has been erected on the side of the existing barn, these are operated by site staff and are only turned on when necessary. All other lights on site are activated by movement detectors.

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), and DC13 (Waste Management and Recycling).

3.2. Policy CE.17 of the Winchester District Local Plan Review (Adopted July 2006) is of relevance also.

3.3. The application site falls within the area subject to the designation order for the South Downs National Park. The two statutory purposes of the National Parks' designation are:

(i)  to conserve and enhance the natural beauty, wildlife and cultural
heritage of their areas; and

_ii_     to promote opportunities for the public understanding and enjoyment
of the special qualities of their areas.


If there is a conflict between the two, conservation takes precedence.

3.4. The provisions of government policy relating to National Parks (currently including PPS7, circulars 12/96 and 125/77 and the SE Plan) also applies.

4. Consultations

4.1. The Local Member, Councillor Mason, objects to the proposal as he does not feel that this activity is required in the countryside.

4.2. Winchester City Council objects to the proposal. The proposal is contrary to countryside policy (CE.17) of the 2006 Winchester District Local Plan Review in that the use for storage, processing and distribution of construction and demolition waste, is not acceptable in this countryside location and there are no overriding reasons to allow the proposal contrary to countryside policy. In addition the site is in an unsustainable location where the scale and nature of the activity cannot be accommodated without detriment to the visual character of the locality.

4.3. The Environmental Health Officer has no adverse comments to make regarding this application, but recommends that any permission granted includes appropriate hours of use restrictions.

4.4. The Environment Agency has no objection to the proposal.

4.5. Natural England has no objection to the proposal.

4.6. The South Downs Joint Committee (SDJC) object to the planning proposal. It is considered that the use is detrimental to the National Park by virtue of the nature of the use: noise and traffic movements. The SDJC do not believe there is any justification as to why the use should be located on this site in terms of its location relative to the origin of the waste..

4.7. English Heritage has no comments.

4.8. The Highways Authority has no objection to the retrospective application, following the submission of the transport assessment. Concerns are raised regarding the width of the carriageway. The stretch of road which runs between Marwell Zoo and the site reaches a minimum of 4.5 metres width, with a couple of tight bends. A HGV and car can pass at the minimum width, albeit slowly. If permission was to be granted, the highways authority have requested a condition restricting the number of vehicle movements to 14 per day and a condition preventing mud and debris deposition on the highway.

4.9. Owslebury Parish Council objects to the planning proposal on the following grounds:

(i) that inadequate supporting information has been submitted to indicate how far waste is transported to and from the site and how far the staff travel to the site;

(ii) insufficient evidence and no mitigation measures have been submitted to show how the application would not prejudice the designation of the South Downs National Park;

(iii) there is insufficient evidence to indicate that the barn is redundant or not needed for agriculture by other agricultural operators within the area. There has also been the recent discharge of conditions for the 2006 permission from Winchester City Council, which implies a future potential for agricultural working on this site;

(iv) the site is visible from a number of public view points and is an alien feature within the countryside environment;

(v) the site is within the countryside, and the proposed operation is not acceptable in this location. There are no overriding reasons to allow the proposal contrary to Winchester's Countryside Policy CE17;

(vi) inadequacy of the carriageway leading to the site;

(vii) concerns regarding land contamination.

5. Representations

5.1. To date three letters of objection have been received. The issues raised are summarised below:

(i) change of use from agricultural to industrial; until July 2008 the site was an agricultural field. Residents are worried that the area is turning industrial and that permission here will lead to further industrial development. There is not sufficient evidence submitted to justify the change of use at this site;

(ii) concerns regarding traffic; questions raised in relation to the suitability of Thompsons Lane and Hurst Lane, which are small, narrow and in places single file traffic. At present congestion occurs when HGVs are waiting to enter the Marwell Yard site. Portable signs have been erected by the operator to warn other vehicles of lorries turning into the site. Local residents are concerned about the safety for horse riders, pedestrians and cyclists;

(iii) the proposal is currently highly visible which spoils the countryside views;

(iv) concerns regarding the noise impact; the plant when in operation generates significant noise, which is not acceptable in a residential area;

(v) concerns regarding the impact of this development on the environment and wildlife;

(vi) flood lighting, which is used 24 hours a day, ruins the rural character of the area.

6. Commentary

6.1. Prior to unauthorised waste activities occurring at this site, the land was clearly of agricultural use associated with Marwell Zoological Park. This is evident by the erection of an agricultural barn in 2005 and the subsequent consent in 2007, for two further barns.

6.2. It is stated by the applicant the land is no longer needed as ancillary to the operation of the Zoological Park and is not required for agricultural purposes. However this is contradicted by the discharge of the pre-commencement conditions for the two agricultural barns granted in 2007. So it is unclear whether the site is no longer reasonably required for some form of continued agricultural use and cannot therefore be treated as previously developed land as set out in policy DC13. For this reason, the proposal is contrary the Hampshire Minerals and Waste Core Strategy.

6.3. Objections have been received from Winchester City Council and the South Downs National Park Joint Committee because the proposed use of the site is not considered suitable within the countryside or South Downs National Park. The operations being carried out are low key, but generate an increase in traffic levels and potential visual impacts with the storage of materials and workings on the site taking place outside of the barn. Therefore it is considered that the proposed use is inappropriate with regard to the objectives of the National Park designation; to conserve and enhance the natural beauty, wildlife and cultural heritage of the area. The proposal is contrary therefore to Policy DC2 - Sites with International and National Designations of the 2007 Hampshire Minerals and Waste Core Strategy.

7. Recommendation

7.1. That planning permission for the retrospective application to store and transfer waste material at Marwell Yard, Thompsons Lane, Owslebury is recommended for refusal on the grounds that the development is contrary to Policy DC2, and DC13 of the Hampshire Minerals and Waste Core Strategy (2007). It is thought that industrial, including waste activities would not be an acceptable activity in the countryside and the designated South Downs National Park. An increase in the number of vehicle movements would adversely impact on the amenities of the area.

7.2.

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 Minerals and Waste Core Strategy DPD 2007

(POLICIES AS APPROVED)

DC2 - Sites with International and National Designations

Minerals and waste development, which is likely to prejudice the purpose of the following designated sites and their settings, 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; 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.

DC13 - Waste Management and Recycling (including Aggregate Recycling Facilities)

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.

Winchester District Local Plan Review (Adopted July 2006)

CE.17 - Re-use of non-residential buildings in the countryside

The change of use/conversion of non-residential buildings in the countryside to employment-generating activities (B1, B2 and B8 uses) will be permitted if the Local Planning Authority is satisfied that:

i) the form, bulk, and generating design of the existing building(s) are in keeping with the locality , and the proposed development will maintain or enhance the local environment;

ii) the existing building is of permanent and sound construction, is not derelict and can accommodate the proposed use without substantial re-construction;

iii) where the building or site contains features of architectural, historic, nature conservation, landscape or visual interest, the proposed development will retain or improve such features;

iv) the scale and nature of the activity can be accommodated without detriment to the visual character of the locality, is not in a remote location, and will not harm the vitality of existing employment uses or the viability of proposed employment sites in a nearby town or village;

v) the extant of the site is, or will be clearly defined to prevent the development expanding into the surrounding countryside;

vi) the type of traffic generated can be accommodated without harming the character of rural roads;

Proposals for the use of buildings of architectural or historic interest will additionally be subject to the requirements of Policy HE.17. The Local Planning Authority may impose planning conditions, or seek planning obligations, to ensure that, where the re-use of rural buildings is permitted, the buildings will not be replaced by new agricultural buildings that would not otherwise require planning permission.