Archived decisions

HAMPSHIRE COUNTY COUNCIL

Decision Report

1. Executive Summary

1.1. The proposal is to construct a new access road from Vigo Lane to serve the north eastern entrance to the Sims Metals site to replace the existing southern access road. The consequence of these changes would be to bring Heavy Goods Vehicles (HGV) movements further away from housing, concentrating movements closer to Vigo Lane. When the new access has been constructed the existing southern access would then be reinstated to common use.

1.2. The main issues are the highway impact, the amenity impact for local residents, the visual impact and the nature conservation impact.

1.3. It is considered that the proposal would be in accordance with the relevant part of the development plan (summary attached of the Hampshire Minerals and Waste Core Strategy (HMWCS)) in that it would not adversely affect the neighbouring SSSI and SPA (DC2), would have biodiversity benefits (DC7), would not materially harm the character of the area (DC3), would have amenity benefits for local residents (DC8) and would be acceptable in terms of highway safety and convenience (DC6).

2. Site and proposal

2.1. The proposal, as shown on the attached plan, is to construct a new access road from Vigo Lane to serve the north eastern entrance to the Sims Metals site to replace the existing southern access road. The location is shown on the attached plan.

2.2. The site is within a Site of Interest for Nature Conservation (SINC), and adjoins Castle Bottom to Yateley and Hawley Commons SSSI and Thames Basin Heaths Special Protection Area (SPA).

2.3. The access road would be between eight and 13 metres wide and about 180 metres in length. It would be designed and constructed to a standard to be able to take the existing Sims Metals traffic, including HGVs. It would also be designed with positive surface water drainage with oil/petrol interceptors.

2.4. The site is currently wooded, although the trees have low conservation value. The verges and adjoining land would be reinstated to heath land. Holly and pine would be planted to provide screening for the Sims Metals/Blackbushe Motors site. Bridleways 15 and 17 would be affected, and would need to be closed during construction. However these routes are little used as they are affected by the metal recycling activities at the Sims metals site.

2.5. The proposals came about as a result of the need to resolve conflicting land use issues in the vicinity of the Sims Metals site on Yateley Common. The County Council consulted with local residents and local groups, such as the Yateley Society, Yateley Town Council, Yateley Common Management Committee, the Environment Agency and Hart District Council as well as Sims Metals and Blackbushe Motors. One of the main areas of concern was disturbance to residents on the northern edge of Yateley Common from HGV movements to and from the Sims Metals Site.

2.6. The County Council reached a legal agreement with Sims Metals that HGVs would cease using the northern access in via Dungells Lane and the County council would seek to obtain the necessary consents to provide a new access from Vigo Lane to replace the existing southern access, which would then be reinstated to common use.

2.7. The consequence of these changes would be to bring HGV movements further away from housing, concentrating movements closer to Vigo lane.

2.8. The application was accompanied by a supporting Statement, Transport Statement, Geotechnical Investigation and Phase 1 Ecological Survey. In response to consultations an Ecological Assessment Report and Habitat Restoration Strategy have also been submitted.

3. Development plan

3.1. Hampshire Portsmouth Southampton and New Forest National Park Minerals and Waste Core Strategy (July 2007) Policies DC3 (landscape), DC6 (highways), DC7 (biodiversity) and DC 8 (amenity) are relevant .

3.2. The Hart District Local Plan (Replacement)(2002) Policy Gen 1 (General Policy for Development and Change of Use) is relevant.

4. Consultations

4.1. Councillor Simpson fully supports this application and urges the committee to approve it as this will end a long running problem for this part of Yateley.

Councillor Collett, as neighbouring Member, fully supports the application.

4.2. Hart District Council raise no objection.

4.3. Environment Agency raises no objection.

4.4. Highways Authority raises no objection. Comments that the application has been supported by a comprehensive Transport Assessment which has considered the need and suitability of the revised access works, and has provided detailed information to demonstrate that the revised access would be acceptable from a highways perspective. The Assessment included an operational assessment of the new access using the industry standard modelling programme PICADY, which demonstrates that that the access will operate with significant spare capacity, and that no queuing or delay would occur. A further sensitivity test was undertaken, which assumed all site traffic used this new access rather than being split between the existing and new access. The Sensitivity test demonstrated that no adverse impact would occur on Vigo Lane as a result.

4.5. No accidents have been recorded at the existing accesses to the site, and there are no accident trends identified locally which would be likely to be exacerbated by the revised access arrangements the subject of this application.

4.6. Vigo Lane is generally lightly trafficked and is subject to a 40 miles per hour speed limit. The location of the new access point has been selected to maximise visibility splays and to locate the access in an area suitable for both planning and transportation reasons. Visibility splays of 4.5 metres x 120 metres will be provided at the site access which is consistent with actual and posted road speeds, and visibility at both the existing Sims Metals access and at Blackbush Motors access to Vigo Lane would also be improved by the removal of vegetation. The land over which the vegetation sits is within the ownership of the County Council. The works to remove vegetation and provide improved visibility are shown on drawing A176/GEN/006 (suffix P).

4.7. In addition to the removal of vegetation, a scheme of traffic management works is also proposed, to support the creation of the new access. The works which are shown in principle on drawing A176/GEN/006 (suffix P) consist of the provision of advanced warning signing, improved carriageway markings and the installation of anti-skid surfacing. The works are consistent with the road safety audit undertaken for the works. Whilst the works are considered acceptable in principle, and would assist in increasing the prominence of the new access and reducing traffic speeds, the detail of the works will need to be agreed with the County Council prior to their construction.

4.8. The access road itself will be constructed to a width of between eight and 13 metres and has been designed to accommodate HGVs. Swept Path analysis has been undertaken to demonstrate that the road is capable of accommodating two-way HGV movements along its length.

4.9. Natural England initially raised objection as additional information was required on the impact for European protected species. This information was provided in the Ecological Assessment Report, and Natural England responded that they have no objection subject to the mitigation proposed in the later report. In relation to the SSSI and SPA they comment that given the close proximity they recommend a condition to ensure no materials, machinery or plant shall be stored or disposed of within the boundary of the Site of Special Scientific Interest (SSSI).

4.10.Yateley Town Council - no comments received.

4.11.Yateley Society accepts the proposed new road and comments it appears satisfactory in principle.

5. Representations

5.1. No representations received.

6. Commentary

6.1. The proposal for the new access road arises from a legal agreement between Hampshire County Council and Sims Metals Limited to reduce the impact of vehicles accessing the Sims metals on both Yateley Common and local residents. The main issues are the highway impact, amenity impact, visual impact and nature conservation impact.

6.2. The proposed new access road is acceptable in highway terms and provides an improvement in access to the Sims metals site.

6.3. The removal of the existing long southern access road would move vehicle movements further away for housing and closer to Vigo Lane, and so reduce the impact for local residents, which is strongly supported by County Councillors Simpson and Collett.

6.4. The new access road would be visually prominent, however this would be balanced by the removal of the existing access and with appropriate landscaping, as proposed, the visual impact would be acceptable.

6.5. The access road is in an area of ecological sensitivity as it is within a Site of Importance for Nature Conservation (SINC) and next to an Site of Special Scientific Interest (SSSI) and Special Protection Area (SPA). Consequently the views of Natural England are significant. They did have a holding objection requiring further ecological information on European protected species. This information was provided and as a result the objection was removed. The removal of the existing southern access would be a benefit as it moves lorry traffic away from the SPA and reduces the impact on Yateley Common. The new access is shorter, closer to Vigo Lane and closer to the Sims Metals site. Consequently there would be a reduction in the disturbance to the SSSI and SPA. In addition the route of the existing southern access would be restored to heathland, and the restoration and management of the area around the new access road would also benefit nature conservation. Consequently overall there are nature conservation benefits arising from these proposals.

6.6. In conclusion the proposals are in accordance with policies, having overall benefits for both nature conservation and amenity for local residents, and acceptable visually and in terms of highways safety.

7. Recommendation

7.1. That planning permission in respect of the Proposed new access road to serve the north eastern entrance of Sims Metals site, this will replace the existing southern access to Vigo Lane, which will be reinstated to common land at Vigo Lane, Yateley. (Application no: 09/00655/CMA) be granted, subject to the conditions set out in Appendix B.

Links to the Corporate Strategy

Conditions

Time Limits

1. The development hereby permitted shall be begun before the expiration of five 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.

Highways

2. No development hereby permitted shall be commenced until the visibility splays shown on Drawing A176/GEN/006 (suffix P) have been provided to the written satisfaction of the local planning authority. The approved visibility splays shall thereafter be maintained.

Reason: In the interest of highway safety.

3. The access road hereby permitted shall not be opened for use until the traffic management works consisting of advanced warning signing, improved carriageway markings and the installation of anti-skid surfacing as shown in principle on Drawing A176/GEN/006 (suffix P) have been completed to the written satisfaction of the local planning authority.

Reason: In the interest of highway safety.

4. A Construction Traffic Management Plan shall be submitted to and approved by the Local Planning Authority in writing before development commences. This should include; lorry routes, parking and turning provision to be made on site, location of site compound, measures to prevent mud from being deposited on the highway and a programme for construction. The agreed details shall be fully implemented before the development is commenced.

Reason: In the interests of highway safety.

Nature Conservation

5. No tree or shrub clearance should be carried out in the bird nesting season (March to August).

Reason: In the interests of nature conservation.

6. No materials, machinery or plant shall be stored or disposed of within the boundary of the Site of Special Scientific Interest (SSSI).

Reason: In order to protect the SSSI.

7. The mitigation measures set out in the Ecological Assessment Report September 2009 shall be fully implemented. In particular there shall be no work carried out in the areas where the dormouse surveys are being undertaken until such time as the surveys have been completed and results and appropriate mitigation, if required have been submitted to and agreed in writing by the Waste Planning Authority.

Reason: In the interests of nature conservation.

Landscape

8. Within 12 months of development commencing a detailed scheme of landscaping for the site shall be submitted to the Waste Planning Authority for approval in writing. The scheme shall specify the types, size and species of all trees and shrubs to be planted; details of all trees to be retained; and details of fencing/enclosure of the site, phasing and timescales for carrying out the works, and provision for future maintenance. Any trees or shrubs which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. The scheme shall be implemented as approved.

Reason: In the interests of visual amenity.

Restoration

9. Following the construction of the new road restoration of the former southern access road shall be carried out in accordance with the Habitat Restoration Strategy November 2009.

Reason: To secure the restoration of the former southern access road.

Note to applicant

A European Protected Species Licence must be obtained from Natural England prior to the commencement of development works on site that may affect the species concerned. Advice should be sought from the ecologist who undertook the survey of the site. The grant of planning permission does not absolve the applicant from complying with the relevant law, including obtaining and complying with the terms and conditions of any licences required as described Part IV B of the Circular.

Annexe to Reasons for Conditions

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

(General Procedure) Order 1995 - as amended)

Hampshire Portsmouth Southampton and New Forest National Park 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.

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.

DC7 - Biodiversity

Minerals and waste developments will only be permitted if due regard is given to the likely effects of the proposed development on biodiversity and, where possible, proposals should conserve and enhance biodiversity. Development likely to adversely impact upon `regionally or locally designated sites or protected

species' - designated in adopted Local Plans or Local Development Frameworks - (including Sites of Importance for Nature Conservation (SINCs), Species of Principal Importance for Biodiversity, Regionally Important Geological Sites and Local Nature Reserves) shall only be permitted if the merits of development outweigh the likely 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.

The Hart District Local Plan (Replacement)(2002)

Policy Gen 1 (General Policy for Development and Change of Use)

Proposals for development which accord with other proposals of this plan will be permitted where they:

(i) are in keeping with the local character by virtue of their scale, design, massing, height, prominence, materials, layout, landscaping, siting and density;

(ii) avoid any material; loss of amenity to existing and adjoining residential, commercial, recreational, agricultural or forestry uses, by virtue of noise, disturbance, noxious fumes, dust, pollution or traffic generation;

(iii) cause no material loss of amenity to adjoining residential uses, through loss of privacy, overlooking or the creation of shared facilities;

(iv) do not constitute ribbon or sporadic development unrelated to existing patterns of settlement within the District;

(v) include provision for the conservation or enhancement of the Districts landscape, ecology and historic heritage and natural resources;

(vi) where the public would reasonably expect to use the building, provide suitable access for people with impaired mobility, including those confined to wheelchairs;

(vii) have adequate arrangements on site for access, servicing or parking of vehicles;

(viii) do not give rise to traffic flows on the surrounding road network, which would cause material detriment to the amenities of nearby properties and settlements or to highway safety;

(ix) do not create the need for highway improvements which would be detrimental to the character and setting of roads within the conservation areas or rural lanes in the District;

(x) do not lead to problems further afield by causing traffic to pass through residential areas or settlements, or use unsuitable roads;

(xi) include provision for any necessary improvements to infrastructure and utilities resulting from the development;

(xii) take account of the proximity of overhead cables and power lines;

(xiii) avoid the installation of lighting, which is visually damaging to the character of the area.