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. 1. Agenda item: 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 2. Agenda item: 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. 3. Agenda item: 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.