1. HAMPSHIRE COUNTY COUNCIL Decision Report Decision Maker

Agenda item:

HAMPSHIRE COUNTY COUNCIL

Decision Report

Decision Maker: Regulatory Committee

Date: 17 September 2014

Title: Variation of Condition 16 of planning permission 11/02569/CMAN to allow concrete crushing on the site outside the building at Dannab Transport, Weyhill Road, Penton Corner, Andover, SP11 0QX. (Application No. 14/01108/CMAN) (Site Ref: TV249)

Reference: 6105

Report From: Head of County Planning

Contact name: Kristina King

Tel: 01962 846496 Email: [email protected]

1. Executive Summary 1.1. Planning permission is sought for the variation of condition 16 of planning permission 11/02569/CMAN to allow concrete crushing to take place on site outside the waste handling buildings at Dannab Transport (Homestead Farm), Weyhill Road, Penton Corner, Andover, SP11 0QX.

1.2. The main points for consideration are the benefits of the proposal with regard to the recovery of construction, demolition and excavation waste, the potential impact on the amenity of users of the locality due to noise and dust from the concrete crusher and the visual and landscape impact from public viewpoints.

1.3. The proposed development is located within an approved and operational waste site that is within the countryside and the local gap. The proposed plant (crusher) would not generate a level of noise or dust that would cause an unacceptable adverse amenity impact should the site be operated in accordance with the proposed conditions (Policy 10(c)). The location of the site and the size of the plant would change the character of the landscape as it would be visible from the public Right of Way and across the fields to the west of the site however the development would be in the context of the adjacent Portway Industrial Estate and therefore the impact is not considered to be a significant visual impact (Policy 10(d) and 13). With the support that Policy 30 gives to the recovery of construction, demolition and excavation waste to produce the high quality recycled aggregates on balance it is considered that the benefits outweigh the change to the character of the area and consequently planning permission should be granted subject to conditions.

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2. Site 2.1. The proposed 0.18ha site is located adjacent to the edge of the settlement boundary of Andover. The site is located within the countryside and is designated as the local gap for Andover and Weyhill/The Pentons in the Test Valley Borough Local Plan.

2.2. The site is accessed off Weyhill Road (A342), to the south of the site runs the A303 which can be accessed via the roundabout approximately 700m to the east. Immediately adjacent to the east of the site runs Public Right of Way (PRoW) (Mark Lane – restricted byway 64). This connects onto a PRoW approximately 100m to the north of the site (Harrow Way By-way open to all traffic – Penton Mewsey 10). Adjacent to the east of the PRoW (64) lies the West Portway Industrial Estate. To the north and the west of the site are agricultural fields. Vehicles enter the site from the south along an existing road that passes two houses, a range of small commercial/industrial (car sales and reclamation yard) operations.

3. Site History 3.1. The site was occupied by a transport company for the storage of HGVs and trailers between 1991 and 2007.

3.2. Planning permission was granted in 2011 by Test Valley Borough Council (11/00902/FULLN) for the use of land and building for storage and distribution – see attached plan.

3.3. Permanent planning permission was granted in 2012 by Hampshire County Council (11/02569/CMAN) for the change of use to waste transfer station (skip hire). This granted planning permission for 40,000 tonnes of household and business skip waste to be accepted at the site to comprise mainly of construction and demolition inert waste. An average of 52 HGV vehicle movements per day was considered acceptable. The site was permitted to operate six days a week between the hours of 0800 and 1800 Monday to Saturday with no working on Sunday and Bank Holidays. Fencing and planting was permitted along the eastern boundary of the site following the removal of a bund. This fencing and planting has been completed. The height of the skip storage and the stockpiles on site was limited to the height of the fencing to ensure there was no adverse visual impact. The permitted site layout can be seen on SITE PLAN 1:200 scale on A4 revised 15.02.2012.

3.4. The Environment Agency has issued an Environmental Permit for the site which allows the applicant to process up to 75,000 tonnes of waste per annum.

3.5. There are two other planning applications being considered at the original waste site; 14/00760/CMAN for the replacement waste handling building, additional office building, variation to the height of stockpiles, alterations to the site layout, and extension of site to include empty skip storage and vehicle

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parking area’s, and 14/01527/CMAN for the variation of condition 3 of 11/02569/CMAN to alter the operating hours.

4. Proposal 4.1. Planning permission is sought for the variation of condition 16 of planning permission 11/02569/CMAN at Homestead Farm, Weyhill Road, Penton Corner, Andover, SP11 0QX.

4.2. Condition 16 states:

No concrete, hardcore, asphalt/tarmacadam or soils shall be screened or crushed outside of the permitted buildings.

Reason: In the interest of local amenities including users of the adjacent Right of Way in accordance with DC8 of the Hampshire Minerals and Waste Core Strategy.

4.3. A revised condition is recommended:

No concrete, hardcore, asphalt/tarmacadam or soils shall be screened or crushed outside the permitted area.

Reason: In the interest of local amenities including users of the adjacent Right of Way in accordance with DC8 of the Hampshire Minerals and Waste Core Strategy.

4.4. It is stated that the proposed amendment would be to allow crushing outside of the building but within a permitted area.

4.5. A noise assessment was submitted with the planning application. Supplementary information was provided in response to questions of the Environmental Health Officer. In the supplementary information the dimensions of the Terex Pegson Metrotrak Crusher were stated as height of 4.12m and width of 13.44m. In the assessment it is stated that the crusher would be used on average 2-3 days a month. The sound pressure level for the crusher is stated as being 82.6dB (A). The crusher would be fitted with an in-built suppression system. A background noise level of 51.9dB LA90 was measured at Windgate whilst the crusher was not operational. When the crusher was operational a background noise level of 48.3dB LA90 was measured. Reference is made to the crusher being shielded from external noise sensitive receptors by an enclosure. This enclosure is the new building that is being applied for in planning application 14/00760/CMAN. The noise assessment concluded that the dominant noise sources at the nearest dwelling would remain as road traffic with maximum individual noise events from helicopter flybys.

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5. Development plan 5.1. The appropriate development plan documents for consideration are the Hampshire Minerals and Waste Plan (2013) and the Test Valley Borough Local Plan (2006).

5.2. The relevant policies of the Hampshire Minerals and Waste Plan are:

a) Policy 10 (Protecting public health, safety and amenity);

b) Policy 13 (High-quality design of minerals and waste development); and

c) Policy 30 (Construction, demolition and excavation waste development).

6. Consultations 6.1. Councillor West was consulted, no comments have been received.

6.2. Test Valley Borough Council raises objection to the proposed development. There are concerns about the certainty of the average number of days within a month that the crusher is to be used and which days of the week it could be operated on. Therefore concerns are raised regarding the potential impact of noise on the surrounding neighbouring properties. Subject to the level of use being controlled (5 days per month), the days to which the works are undertaken *0800-1800hrs weekdays only) and its siting (crushing pant it not elevated above ground level so that other on site features would provide some degree of noise screening) it is not considered that the use of the crusher outside of a building would have an adverse impact on neighbouring properties with regards to noise. No details have been provided of the enclosure within the planning statements. The acoustic report indicates that the structure is to be 7 metres and 10 metres wide. It is considered that a structure of these dimensions would be prominent within the site. The site is visible from the surrounding public right of way footpaths. The resultant size of the structure is considered to have a significant visual impact on the surrounding area and the Local Gap with limited planting on the immediate boundaries of the site providing mitigation.

6.3. Test Valley Borough Council Environmental Health raises no objection subject to conditions. Following further clarification from the agent with respect to the Sanctuary Acoustics noise assessment report and a supplementary report being provided I am generally satisfied with the response and believe that the impact of allowing the periodic use of a crusher on site is likely to be minor, provided that: the hours are restricted – Suggest 0800 to 1800 hours on weekdays only. The number of days per month is, for the time being at least, restricted – Suggest a limit of 5 days per calendar month which is in line with the maximum use envisaged. Where possible, the position of crushing plant should not be elevated above ground level, so that other site buildings, boundary fencing and the stockpile of material to be crushed will provide some degree of noise screening to nearest housing.

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6.4. Highway Authority raises no objection to the application. The proposal is not expected to impact upon the operation of the local highway network.

6.5. Environment Agency raises no objection in principle to the proposed development. The applicant holds an environmental permit at the site to operate a non-hazardous household, commercial and industrial waste transfer station with treatment up to a maximum of 75,000 tonnes per year. The proposed activity can be carried out under the current environmental permit, however, please note that only non-hazardous waste may be treated, including non hazardous waste bituminous mixtures. The operator will need to be sure that any bituminous waste is non hazardous before accepting it for treatment.

6.6. Rights of Way have been consulted, no comments received.

6.7. Penton Mewsey Parish Council raises no objection in principle to the application but it is requested that the following comments are taken into consideration:

(i) That the business has outgrown the site;

(ii) That consideration should be taken that part of the site is adjacent to the Portway industrial site, there is an adjacent right of way that needs to be preserved and considered with view of light encroachment to the established planting along this route;

(iii) The owner of the site does tend to start building work and then ask retrospectively for approval. This is not the first instance and we would ask that this is pointed out to him as unacceptable. By starting work first the option to object to the work is bypassed;

(iv) We would point out that the owner seems to totally ignore any conditions that are set on previous planning applications and in fact the previous application is still pending review that does have an effect on this application;

(v) We are concerned about the noise element to the properties across the field;

(vi) The fence that was part of a previous planning application to erect is in a state of disrepair and in places falling down. We would ask that consideration is given to the view from neighbouring properties across a green field that is part of our Strategic Gap and that this fence is put into order as part of this application and maintained as such.

7. Representations 7.1. Three objections have been received in relation to this planning application. There is concern about alteration to the name of the site, the existing problems of mud on the access road creating dust, crushing outside would

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impact on an adjacent businesses through causing noise and dust pollution (one business is a car accident repair centre).

8. Commentary 8.1. The principle of having a crusher on the approved waste site is supported by Policy 30 as it seeks to maximise the recovery of construction, demolition and excavation waste to enable the production of high quality recycled aggregate. Therefore the main point for consideration of this planning application is the location of the crusher outside of the waste building. Policy 10 which seeks to prevent waste developments from causing adverse public health and safety impacts, and unacceptable adverse amenity impacts should be the main policy of consideration as the siting of the crusher outside of the waste handling building could give rise to a noise, dust and visual impact.

8.2. Environmental Health has considered the application, the associated noise assessment and supplementary information. Policy 10(c) seeks to ensure that development will not cause an unacceptable noise impact. It is advised that the siting of the crusher outside of the building will only result in a minor noise impact. It is advised that the proposed waste building and existing buildings will provide some degree of noise screening to the nearest housing to the north-west of the site. Conditions restricting the use of the crusher to 0800 to 1800 weekdays only, the use of the crusher for 5 days per calendar month and the crusher being located at ground level are recommended to ensure this impact is, as assessed, a minor impact.

8.3. It is noted that there are concerns about the use of the crusher outside of the building with regard to its use causing a dust impact for the industrial units at Homestead Farm and also within the Western Portway Industrial Estate. Policy 10(c) seeks to ensure that approved developments will not cause an unacceptable dust impact. The crusher is to be installed with suppression measures at source which will reduce dust creation when crushing is taking place. The Environment Agency have a permit that will cover the activities taking place and site and the measures taken to prevent a dust impact further to this there is a condition on the extant planning permission that requires the proposed dust suppression system to be retained for the duration of the development. It is therefore considered that there will not be an adverse offsite dust impact for users of the locality.

8.4. Policy 10(d) and Policy 13 seek to protect the character of the landscape and the policy states that the development should not cause an unacceptable adverse visual impact with the distinctive character of the landscape being maintained or enhanced. The measurements of the crusher are such that the crusher would be seen above the height of the existing 2.5m fencing that surrounds the site. Therefore there will be views of the site from the Right of Way and the site would appear industrial in nature. It is noted that Test Valley Borough Council have raised objection noting negative visual impact within the countryside and local gap as a reason. Reference in their response is made to a large enclosure, this is the proposed waste handling building and

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the appropriateness of the building in that location is considered in planning application 14/00760/CMAN. The backdrop of the development is the existing Portway Industrial estate when looking from a westerly direction. Consequently it is considered that there will be a change to the character of the landscape and the landscape will not be enhanced. However, when considering whether the impact would be an adverse visual impact consideration should be given to the proximity of the site to the Portway Industrial Estate and the consequential backdrop to views of the site. Furthermore, if the double stacked mess office portacabins are approved in planning application 14/00760/CMAN the crusher will, to some extent be screened, thereby limiting views.

8.5. In conclusion, the proposed development is located within an approved and operational waste site that is within the countryside and the local gap. The proposed plant (crusher) would not generate a level of noise or dust that would cause an unacceptable adverse amenity impact should the site be operated in accordance with the proposed conditions (Policy 10(c)). The location of the site and the size of the plant would change the character of the landscape as it would be visible from the public Right of Way and across the fields to the west of the site however the development would be in the context of the adjacent Portway Industrial Estate and therefore the impact is not considered to be a significant visual impact (Policy 10(d) and 13). With the support that Policy 30 gives to the recovery of construction, demolition and excavation waste to produce the high quality recycled aggregates on balance it is considered that the benefits outweigh the change to the character of the area and consequently planning permission should be granted subject to conditions.

9. Recommendation 9.1. That planning permission in respect of the siting of a crusher outside the buildings at Homestead Farm, Weyhill Road, Penton Corner, Andover, SP11 0QX (Application number: 14/01108/CMAN) (Site Ref: TV249) be approved for the above reasons, subject to the conditions listed in Integral Appendix B.

RefRpt/6105/KK

7. Integral Appendix A

CORPORATE OR LEGAL INFORMATION:

Links to the Corporate Strategy Hampshire safer and more secure for all: No

Corporate Improvement plan link number (if appropriate):

Maximising well-being: No

Corporate Improvement plan link number (if appropriate):

Enhancing our quality of place: No

Corporate Improvement plan link number (if appropriate):

OR This proposal does not link to the Corporate Strategy but, nevertheless, requires a decision because: The proposal does not link to the Corporate Strategy but, nevertheless, requires a decision because the proposal is an application for planning permission and requires determination by the County Council in its statutory role as the minerals and waste planning authority.

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 Variation of Condition 16 of planning County planning permission 11/02569/CMAN to allow Elizabeth II West concrete crushing on the site outside the The Castle building at Dannab Transport, Weyhill Winchester Road, Penton Corner, Andover, SP11 0QX. (Application No. 14/01108/CMAN) (Site Ref: TV249)

8. Integral Appendix B

CONDITIONS

Commencement

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

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

Plans and particulars

2. The development hereby permitted shall be carried out and completed strictly in accordance with the approved plans, specifications and written particulars identified within the decision notice.

Reason: To ensure that the development is carried out in accordance with the approved details.

Hours of Working

3. No heavy goods vehicles shall enter or leave the site and no plant or machinery shall be operated except between the hours of 0800-1800 Monday to Saturday. There shall be no working on Sundays or recognised public holidays.

Reason: In the interests of local amenity in accordance with policy 10 of the Hampshire Minerals and Waste Plan (2013).

4. The crusher shall only be used outside of the waste handling buildings between 0800 and 1800 Monday to Friday with no use on Saturdays, Sundays or public holidays. It should be operated a maximum of five days in any one calendar month. A log book should be kept of the days and times the crusher is used outside of the waste handling buildings and should be available for inspection on request of the Waste Planning Authority.

Reason: In the interests of local amenity in accordance with policy 10 of the Hampshire Minerals and Waste Plan (2013).

Landscape

5. The boundary planting approved by planning permission 11/02569/CMAN as detailed on plan Nelson Plant Hire LTD - Planting Schedule shall remain for the duration of the proposed development.

Reason: In the interests of visual amenity and to ensure the aims of policies 5 and 10 of the Hampshire Minerals and Waste Plan (2013) and SET 07 of the Test Valley Borough Council Local Plan (2006).

9. Integral Appendix B

6. 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.

Reason: In the interests of visual amenity and to ensure sufficient protection of the character of the area in accordance with policy 5 and 10 of the Hampshire Minerals and Waste Plan (2013) and SET 07 of the Test Valley Borough Council Local Plan (2006).

7. The boundary fencing around the entirety of the site shall be maintained at 2.5m in height, be timber finished and remain in a natural tone. The fencing shall be maintained in a good state of repair for the duration of the development.

8. All stockpiles on site shall be no greater than the maximum height of the fencing approved in condition eight of this planning permission.

9. No plant or machinery shall be stored on top of the stockpiles at the end of the working day. The crusher shall only be operated when at ground level. Reason: In the interests of visual amenity and to ensure sufficient protection of the character of the area and in the interests of minimising noise emissions in accordance with policy 5 and 10 of the Hampshire Minerals and Waste Plan (2013) and SET 07 of the Test Valley Borough Council Local Plan (2006).

Dust Management

10. The dust management plan (dated January 2012 and produced by envee) approved under planning permission 11/02569/CMAN shall be implemented in accordance with the approved details and remain in situ and in a full working order the duration of the development.

Reason: In the interest of local amenity in accordance with policy10 of the Hampshire Minerals and Waste Plan (2013).

10. Integral Appendix B

Highways

11. No more than a total of 312 HGV movements (in and out) shall take place into/out of the site each week. HGV movements to and from the site shall be restricted to a maximum of 60 per day (30 in and 30 out). A log of HGV movements shall be kept on site and made available for inspection by the Waste Planning Authority upon request.

Reason: In the interests of highway safety to restrict the number of HGV movements accessing the site from the A342 in accordance with policy 12 of the Hampshire Minerals and Waste Plan (2013).

12. For the duration of the development measures shall be taken to ensure mud and spoil is prevented from being deposited on the access road and the public highway. These measures shall be maintained in good working order for the duration of the development.

Reason: In the interests of protecting the amenity of nearby businesses and ensuring highway safety in accordance with policies 10 and 12 of the Hampshire Minerals and Waste Plan (2013).

Burning on site

13. No burning of any sort shall take place on the site at any time.

Reason: In the interest of local amenities including users of the adjacent Right of Way in accordance with policy 10 of the Hampshire Minerals and Waste Plan (2013).

Crushing and screening on site

14. No soils shall be screened outside of the permitted waste handling buildings.

Reason: In the interest of local amenities including users of the adjacent Right of Way in accordance with policy 10 of the Hampshire Minerals and Waste Plan (2013).

15. Crushing outside of the permitted waste handling buildings shall only take place on the waste site approved by 11/02569/CMAN, in the area to the north and west of the waste handling buildings.

Reason: In the interest of local amenities including users of the adjacent Right of Way in accordance with policy 10 of the Hampshire Minerals and Waste Plan (2013).

11. Integral Appendix B

16. The sound pressure level generated by the crusher shall not exceed 82.6dB(A).

Reason: In the interest of local amenities including users of the adjacent Right of Way in accordance with policy 10 of the Hampshire Minerals and Waste Plan (2013).

12. Integral Appendix C

Annexe to Reasons for Conditions (as required by Article 31 of the Town and Country Planning (Development Management Procedure) (England) Order 2010)

HAMPSHIRE MINERALS AND WASTE PLAN (2013)

Policy 10: Protecting public health, safety and amenity

Minerals and waste development should not cause adverse public health and safety impacts, and unacceptable adverse amenity impacts.

Minerals and waste development should not:

a. release emissions to the atmosphere, land or water (above appropriate standards); b. have an unacceptable impact on human health; c. cause unacceptable noise, dust, lighting, vibration or odour; d. have an unacceptable visual impact; e. potentially endanger aircraft from bird strike and structures; f. cause an unacceptable impact on public safety safeguarding zones; g. cause an unacceptable impact on: i. tip and quarry slope stability; or ii. differential settlement of quarry backfill and landfill; or iii. subsidence and migration of contaminants; h. cause an unacceptable impact on coastal, surface or groundwaters; i. cause an unacceptable impact on public strategic infrastructure; j. cause an unacceptable cumulative impact arising from the interactions between minerals and waste developments, and between mineral, waste and other forms of development.

The potential cumulative impacts of minerals and waste development and the way they relate to existing developments must be addressed to an acceptable standard.

Policy 13: High-quality design of minerals and waste development

Minerals and waste development should not cause an unacceptable adverse visual impact and should maintain and enhance the distinctive character of the landscape and townscape.

The design of appropriate built facilities for minerals and waste development should be of a high-quality and contribute to achieving sustainable development.

Integral Appendix C

Policy 30: Construction, demolition and excavation waste development

Where there is a beneficial outcome from the use of inert construction, demolition and excavation waste in developments, such as the restoration of minerals workings, landfill engineering, civil engineering and other infrastructure projects, the use will be supported provided that as far as reasonably practicable all materials capable of producing high quality recycled aggregates have been removed for recycling.

Development to maximise the recovery of construction, demolition and excavation waste to produce at least 1mtpa of high quality recycled/secondary aggregates will be supported.

14.