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PTE/11/10 Development Management Committee 20 July 2011

County Matter: Waste Disposal District: Proposed Composting of Shredded Green Waste at West Town Farm, Markham Cross, Ide Applicant: Waste Management Application No: DCC/3148/2010 Date Application received by County Council: 17 November 2011

Report of the Head of Planning, Transportation and Environment

Please note that the following recommendation is subject to consideration and determination by the Committee before taking effect.

Recommendation: It is recommended that subject to the Committee granting planning permission for a green waste shredding facility at Kenbury Wood [Report PTE/11/7] planning permission be granted for this composting site subject to the conditions set out in Appendix II to this Report.

1. Summary

1.1 This Report relates to a planning application for the composting of shredded green waste at West Town Farm, Markham Cross, Ide.

1.2 It is considered that the key material planning considerations in the determination of the application are: impact on the private water supply at Oak Dene; impacts upon the amenities of neighbours; visual impact on the Area of Great Landscape Value; impact on the highway; and, the overall sustainability considerations.

2. The Proposal/Background

2.1 The application site is in an elevated position 1 km to the south of Ide. It is positioned in the north west corner of a large arable field which is bounded by Markham Lane to the north and the road to Ide to the west. The site is located within the AGLV. The nearest dwelling is Oak Dene which lies approximately 365 metres immediately to the south.

2.2 The application is for the composting of green waste, mainly branches and leaves, from recycling centres and kerbside collections. The green waste would be screened and shredded at the Kenbury Wood facility before being transported to the site by tractor and trailer. The composting process on the site involves the formation of the green waste into an open windrow approximately 50 metres long, 9 metres wide and 3 metres high. This would equate to approximately 500 tonnes of green waste.

2.3 The material would be left to compost for up to six months. Temperature and moisture levels within the windrow would be regularly monitored to check when turning is needed and ensure that aerobic conditions are maintained. The windrow would be turned 3 times by a telehandler, each turn taking approximately one day. Once the process is completed, the finished compost would be screened if necessary, using a mobile screener. The finished compost would be used on the West Town farm holding.

2.4 The site would form part of a network of sites composting green waste from Kenbury Wood including two sites at Lower Thornton Farm [subject of Report PTE/11/8 at this Committee], two sites at Pottles Farm [subject of Report PTE/11/9 at this Committee] and a further 13 sites that already have the benefit of planning permission, including one within the same field approximately 800 metres to the south east.

3. Consultations

3.1 Teignbridge District Council – raises no objections.

3.2 Shillingford St George Parish Council – supports the application subject to the waste being pre-shredded. It has some concerns regarding increased traffic in Markham Lane and damage to verges and hedges as a result of traffic associated with the existing site. However, the Parish Council is of the view that as Markham Lane is a little used country lane there is insufficient reason to object to the application.

3.3 Environment Agency – has highlighted the presence of a private domestic water supply in the vicinity of the site and has carried out an assessment of the risks associated with the proposed activity. After considering topography, hydrologeology and attenuation capacity, it concluded that the private borehole would be unlikely to be impacted on in terms of either abstracted water quality or water availability by the proposed composting activities. The Agency also concluded that there would be no additional benefit to the borehole by the provision of hard standing and a sealed drainage system. It confirmed that it had no objection to the proposed scheme and would not support any objection based on risks to controlled waters.

4. Advertisement/Representations

4.1 This application has been advertised by means of a notice on the site, a notice in a locally circulating newspaper and neighbour notification. As a result of these procedures, 2 letters/emails of objection have been received from residents of Oak Dene and Markham Farm. Copies of all letters of representation received will be displayed at the meeting.

4.2 The resident of Oak Dene has raised the following concerns: • The use of Markham lane by large tractors, given that there is an existing composting operation using the same access. • The site to operate on Saturdays leading to impact on the amenity of residents. • There would be an adverse Impact on the adjacent wood from runoff from the site. • The access to the site is via a long un-made up track would lead to mud on the road. • There would be an impact on the well which provides water supply. • The proposed site in an open location, clearly viewed from the Dunchideock Road and the windows on the western elevation of the house leading to an adverse visual impact. • There would be odours arising from the composting activity. • There is a concern that the finished compost would be transported to West Town farm, through the village of Ide. • Concern that the gate at the T junction would be used resulting is conditions of danger to other road users. • Activities at the site would be noisy.

4.3 The residents of Markham Farm situated on Markham Lane have raised concerns regarding the use of the lane. They consider that the delivery vehicles accessing the existing composting site at Barton Farm have caused considerable disruption along the lane which is narrow and has no passing places along its length except at their farm entrance.

5. Planning Policy Considerations

5.1 In considering this application, the Waste Planning Authority is required to have regard to the provisions of the Development Plan. Section 28(6) of the Planning and Compulsory Purchase Act 2004 requires that where regard is to be had to the Development Plan, the determination shall be in accordance with the Development Plan unless material considerations, which can include emerging policies, indicate otherwise. In this case, the relevant Development Plan Policies are summarised in Appendix I to this Report.

6. Comments/Issues .

6.1 It is considered that the key material planning considerations in the determination of the application are: the impact on the private water supply at Oak Dene; impact on the amenity of nearby residents including noise and odour; visual impact; impacts of delivery vehicles on the highway network; and, the overall sustainability considerations.

Impact on the private water supply at Oak Dene

6.2 The property Oak Dene is located approximately 365 metres to the south of the site and its resident has raised concerns regarding the possibility that the composting process could contaminate the well, which is the only water supply for the property. As a result of protracted discussions, the Environment Agency (EA) carried out a hydrological risk assessment of the site. It concluded that the private borehole (well) would be unlikely to be impacted on in terms of either abstracted water quality or water availability by the composting activities and that there would be no additional benefit to the borehole by the provision of hard standing and a sealed drainage system. The EA has confirmed that it has no objection to the proposed development and would not support any objection based on risks to controlled waters. In view of the EA’s comments it is considered that the proposal is consistent with Waste Local Plan Policy WPP17 (Water Resources Protection).

Visual Impact

6.3 The site is located within the AGLV and can be viewed from the road immediately to the west of the field and also from a side window of the property Oak Dene. However, from experience of other composting sites it is considered that the composting scheme is compatible with other agricultural practices that are carried out in the countryside and would not harm the landscape qualities and features of the AGLV. The windrow would be viewed against an existing hedgerow which would help to assimilate it into its surroundings. In the event of planning permission being granted a planning condition could be imposed limiting the height of the windrow to 3 metres.

Impact upon the amenities of neighbours in terms of odour and noise.

6.4 Potentially the composting process could have short periods of impact on neighbours in terms of noise and odour. Noise would be generated whilst vehicles deposit the green waste material and when the green waste is turned and screened. It is considered that noise from these operations is similar to other agricultural practices and that the site is sufficiently distant from properties for noise not to be a nuisance. If planning permission is granted two conditions are recommended to limit the hours that green waste material can be delivered to 0800 to 1800 hours Mondays to Fridays inclusive, and 0800 to 1300 hours on Saturdays and to limit the hours that machinery can be operated to 0800 to 1800 Mondays to Fridays. A further condition is proposed to prevent any shredding on the site.

6.5 The resident of Oak Dene, has raised concerns regarding the potential for pungent odours. Odours may be released from the windrow, particularly if aerobic conditions are not maintained. However, Devon Waste Management endeavours to ensure that odours are kept to a minimum by regularly monitoring and turning the windrow, so that aerobic conditions are maintained. It is considered that that the proposed site is sufficiently distant from properties for odour not to be a nuisance.

Highways

6.6 The proposed route from Kenbury Wood to the site is via the A379 to Road, turning left at the roundabout into Shillingford Road and right into Markham Lane. Vehicle deliveries to the site would take place by tractor and trailer and a 500 tonne windrow would require up to 50 deliveries. Only one tractor and trailer would be used and up to 10 deliveries could be made in a working day. The spread of deliveries would vary between winter and summer months, where in winter, deliveries are spread over three or four weeks, whilst in summer deliveries are usually on consecutive weekdays.

6.7 The application has given rise to concerns from local residents about the use of Markham Lane by tractors and trailers delivering green waste to the site. The residents of Markham Farm raised concerns about the lack of passing places on Markham Lane and the use of their farm entrance as a passing place.

6.8 The Highway Authority has examined the proposed haulage route and is satisfied that it is suitable for the size of vehicles and level of traffic which would be generated by this proposal. It is considered that the tractor and trailer movements associated with the deposit of green waste are similar in nature to agricultural traffic which commonly uses the rural road network. If permission is granted a condition is recommended that would prevent the site being filled up at the same time as the existing site at Barton Farm, to prevent conflict between tractors on Markham Lane and at the access. A planning condition is recommended to ensure that the visibility at the site entrance is maintained in the interests of highway safety.

6.9 Concerns have been raised regarding the potential use by delivery tractors of a gateway at Markham Cross which is considered to be inadequate to for use by delivery vehicles. Therefore if permission is granted a condition is recommended preventing the use of this access.

Overall Sustainability Considerations

6.10 Composting of green waste is regarded as a sustainable operation as it reduces the quantity of biodegradable waste going to landfill and reduces the need for inorganic fertiliser usage. The proposal accords with the provisions of Waste Local Plan Policy WPC1 as composting is a far more sustainable option in the waste hierarchy than landfill. Obtaining the green waste arising from Civic Amenity Centres supports Government objectives and targets for reuse/recycling and the Structure and Waste Local Plan policies which endorse the proximity principle

6.11 In terms of transporting waste, the site is close to the source of the shredded green waste at Kenbury Wood. If permission is granted a condition is recommended to ensure that the finished compost is used within the farm holding. As the West Town farm holding is disparate in nature, approximately half the finished compost would be delivered to other fields via the highway. However, the distances involved are relatively short. These fields would require compost in any case, and if it was not produced on-farm it would need to be sourced and transported from further away.

7. Reasons for Recommendation/Alternative Options Considered

7.1 The Committee has the option of approving, deferring or refusing this planning application

7.2 The proposed site would be part of a co-ordinated network of farm composting sites based around the Kenbury Wood Shredding Site. It is considered that the proposed composting development site would not have any significant impacts on the environment or highway network and that it would accord with Policy WPP34 of the adopted Waste Local Plan. Therefore taking all material planning conditions into account, it is recommended that planning permission is granted subject to the conditions attached at Appendix II.

Dave Black Head of Planning, Transportation and Environment

Electoral Division: & Kenton

Local Government Act 1972: List of Background Papers

Contact for enquiries: Jackie Reffell

Tel No: 01392 382383 Room No: ABG Lucombe House

Background Paper Date File Ref

Casework file 17/11/10 DCC/3148/2010

jr280611dma sc/cr/west town farm markham cross ide 04 hq 070711

Appendix I To PTE/11/10

Planning Policy Considerations

National Planning Policy Guidance and Statements: Policies: PPS1 (Delivering Sustainable Development); PPS7 (Sustainable Development in Rural Areas); PPS10 (Planning and Waste Management); PPG13 (Transport); PPS23 (Planning and Pollution Control) and PPG24 (Planning and Noise).

Devon Structure Plan 2001-2016 (Adopted October 2004) Policies: ST1 (Sustainable Development); CO4 (Areas of Great Landscape Value); CO13 (Protecting Water Resources); CO15 (Air Quality); CO16 (Noise Pollution); WM1 (Waste Management); and TR10 (Strategic Road Network and Roadside Service Areas).

Devon Waste Local Plan (Adopted June 2006) Policies: WPC1 (Sustainable Waste Management); WPC2 (Development Control Considerations); WPP4 (Consideration of Proposals at Sites not Allocated in the Plan); WPP11 (Areas of Great Landscape Value); WPP17 (Water Resources Protection); WPP20 (Transportation of Waste); WPP21 (Road Transport); WPP22 (Health and Air Quality); WPP24 (Site Design and Appearance); and WPP34 (Composting Facilities).

Teignbridge Local Plan, 1989 - 2001 (1996): Policies ENV1 (Landscape and Nature Conservation Designations); ENV3 (Areas of Great Landscape Value); ENV4 (Countryside); ENV9 (Environmental Pollution); and P1 (Agricultural Land).

Appendix II To PTE/11/10

Recommended Conditions

1. The development shall commence within three years of the date of this permission.

REASON: To comply with Section 91 of the Town and Country Planning Act 1990.

2. Except as may be varied by the planning conditions below, the development shall be carried out in strict accordance with the details submitted on the site and location plans and the supporting planning statements.

REASON: To enable the Waste Planning Authority to control the development in order to minimise its impact on the area.

3. The development hereby approved shall be only for the composting of shredded green waste*.

REASON: To protect the local environment and the living conditions of local residents.

* NOTE: Shredded green waste shall refer to any plant waste which has not previously been altered in any form except by being shredded. It does not include vegetable based kitchen waste.

4. No shredding or other mechanical processing of green waste, other than screening, shall take place on the site.

REASON: To protect the local environment and the living conditions of local residents.

5. No deliveries of green waste shall be carried out other than between 0800 to 1800 hours Mondays to Fridays inclusive, and 0800 to 1300 hours on Saturdays. No deliveries shall take place on Sundays or on public holidays

REASON: To protect the local environment and the living conditions of local residents.

6. No plant or machinery, associated with the development hereby permitted shall be operated outside the following times, 0800 to 1800 Mondays to Fridays, nor at any time on Saturdays, Sundays or public holidays.

REASON: To protect the local environment and the living conditions of local residents.

7. The amount of green waste processed on the site shall not exceed 500 tonnes at any one time.

REASON: To protect the character and appearance of the local landscape and to protect the living conditions of local residents.

8. No more than 1,500 toones of green waste shall be processed at the site in any calendar year.

REASON: To protect the character and appearance of the local landscape and to protect the living conditions of local residents.

9. The compost heap shall not exceed 3 metres in height.

REASON: To protect the character and appearance of the local landscape and to protect the living conditions of local residents.

10. The control of Japanese Knotweed and other injurious weeds shall be carried out in accordance with the submitted document named 'Control of Japanese Knotweed & Other Injurious Weeds' dated November 2010.

REASON: To prevent the spread of injurious weeds and Japanese Knotweed, in order to protect native vegetation and natural habitats.

11. There shall be no selling of composted materials to the public from the site or the public delivery of green waste to the site.

REASON: To prevent additional traffic movements to and from the site and to protect the living conditions of local residents.

12. Compost produced at the site shall be used solely for incorporation into the farm holding in which this permission site is located.

REASON: To prevent additional tractor and trailer movements on the local highway network.

13. Prior to the commencement of the development the extent of the site shall be marked out using 1 metre high wooden posts which shall be retained on site at all times whilst composting operations are taking place.

REASON: To ensure the development is carried out in accordance with the approved plans.

14. There shall be a maximum of 10 deliveries of green waste to the site in any one day.

REASON: To protect the local environment and the living conditions of local residents.

15. The development shall be for the composting of shredded green waste arising from the Kenbury Wood Shredding Facility only.

REASON: To protect the local environment and the amenities of local residents.

16. Appropriate measures shall be employed to ensure that no mud, stones, water or debris shall be deposited on the highway.

Reason: In the interests of highway safety.

17. Prior to the commencement of development an improvement to the visibility at the site access onto the county highway shall be provided in accordance with a scheme that shall be submitted to, and approved in writing by, the Waste Planning Authority. The resultant visibility splay shall be maintained for the life of composting operations at the site.

Reason: To ensure that acceptable visibility is provided at the access to the site in the interests of highway safety.

18. No deliveries of green waste shall be made to the site on days that deliveries are being made to the existing composting site at Barton Farm.

REASON: In the interests of highway safety in Markham Lane.

19. All vehicles associated with the composting development shall access the site via the access identified on plan 161110/01. The gateway at Markham Cross crossroads shall not be used by any vehicle associated with the development.

REASON: In the interests of highway saf ety.