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Division(s): Sonning Common

ITEM PN6

PLANNING & REGULATION COMMITTEE –
4 APRIL 2005

MINERALS AND WASTE PLANNING APPLICATION

Report by Head of Sustainable Development

 

Development proposed:

Continued use of former chalk quarry for construction and demolition waste recycling

Location: Dunsden Green Lane, Playhatch Quarry

Applicant: Hanson Recycling & Demolition

Application No: P05/E0024/CM District Council area: South Oxfordshire

(Annex 1 - Representations and Consultations
Annex 2 - Schedule 1 Conditions)

Introduction

  1. This application seeks permission for the continued use of a former chalk quarry for construction and demolition waste recycling.

    2. Location (see plan 1) (download as .doc file)

  2. Playhatch Quarry is located north of the village of Playhatch off Dunsden Green Lane in South Oxfordshire. The site is located just within the boundaries of Oxfordshire approximately 1 km from the Caversham area of Reading to the west and approximately 4 km from Henley to the north east.

    3. Site and its Setting (see plan 2) (download as .doc file)

  3. The site is a former chalk quarry which is 4.5 hectares in size. The quarry sits within rising land which forms the southern part of the Chiltern Hills as they begin to rise from the Thames Valley.

  4. The floor of the quarry is generally flat and the sides of the quarry rise on three sides so it cannot easily be seen. The remaining southern side at the quarry is also well screened by a bank of land. There are views of the top of the unrestored quarry from the A4155 Caversham – Shiplake road.

  5. The closest dwelling is about 80 metres away and there are a number of other dwellings within about 150 metres of the site. In addition, there are also properties on either side of the approach road to the quarry which runs through Playhatch from the A4155. These properties are close to the road and there are no footpaths alongside the road.

  6. An overhead electricity line runs across the southern tip of the site but this would be unaffected by the proposal.

    7. Background and Relevant History

  7. Recycling was first permitted at the quarry in 1993 when chalk extraction was still underway. The recycling operation took place on the southern part of the site whilst mineral extraction took place to the north on the remaining area.

  8. A planning application was made in July 2000 for the permanent retention of the recycling operation at the quarry. Permission was granted but was limited to the end date of the chalk extraction (December 2005). Extraction has now ceased and only a stockpile of chalk remains. Hanson Recycling & Demolition have acquired the recycling business and a lease for the whole quarry. The site is not currently in operation for recycling. This application is for permanent planning permission for recycling which would extend across the whole of the worked out quarry.

    9. Details of the Development

  9. It is proposed that imported construction and demolition waste (inert waste and soils) would be treated on site using a crusher and mechanical screens to produce crushed concrete, hardcore, ballast and topsoil. The recycled materials would be used mainly in local construction jobs in the Reading and Henley areas. There would be some by-products which are not usable, such as clay and fines; these would be taken to a licensed waste facility for disposal. The process would take place in the open, no buildings form part of the proposal.

  10. At full capacity the site would see an annual throughput of approximately 100,000 tonnes (65,000 cubic metres) of waste, although, throughput would be about 60-80,000 tpa for the first 18 months. It is estimated that 90 per cent of the material brought to the site will be able to be recycled or re-used. The applicant states that the average lorry movements would amount to 40 movements per day (20 loads) with the maximum daily movements at 60 per day (30 loads). This is based on a throughput of 100,000 tpa, see comments later in this report (paragraph 32).

  11. The development would be set down on the floor of the worked out quarry so it would not be obviously visible from Dunsden Green Lane. Screening is already good but the applicant has included measures in the application which would further improve the appearance of the site. These include clearing brambles and other undergrowth along the south western bank by Dunsden Green Lane, planting new trees and new shrub and tree planting along the eastern boundary and planting up of the gap in the hedgerow on the southern side of the site entrance. The peripheral internal slopes of the site to the north, east and west would be restored within 2 years of any grant of planning permission with the aim of reducing the impact of the top of the quarry from more distant views.

  12. A site office, weighbridge and parking would be located close to the entrance of the site. Imported wastes would be deposited in stockpiles from a raised haul road on the west of the site. Stockpiles of processed materials would be organised throughout the rest of the site.

    13. Consultations

    South Oxfordshire District Council

  13. Raise no objection to the application subject to conditions to control the hours of operation, noise from reversing vehicles, site layout, height control on crushing and screening operations, no machines for breaking up individual rocks, limit on noise levels from the site and control of dust emissions from the site.

    14. Eye and Dunsden Parish Council (See Annex 1 for full response)

  14. Object due to the unreasonable impact on a small village. If the application is permitted it should not extend past 5 years. Consideration should be given to restricting hours of business, keeping roads clear of mud, keeping noise levels to a minimum, restricting vehicle speeds through Playhatch and putting conditions in a Section 106 agreement.

    15. Reading Borough Council

  15. No objections.

    16. Environment Agency (See Annex 1 for full response)

  16. Recommend some planning informatives.

    17. Thames Water

  17. No objections.

    18. County Transport Officer

  18. No objections to the proposal subject to a routeing agreement and a legal agreement to ensure that the drains along Dunsden Green Lane are cleaned out regularly. He also suggested that there be a clause in the legal agreement to provide for the speed monitoring of vehicles accessing the site.

    19. Representations (See Annex 1 for full response)

    Resident of Playhatch (letter dated 4 February)

  19. Strongly objects to the development. Concerned that this application is in the open countryside. Applicant has consistently underestimated the impact of the processing plant and as a result questions the effectiveness of amelioration measures proposed, especially in relation to noise, vehicle speeds through the village, the volume of traffic associated with the development and dust.

    20. Resident of Playhatch (letter dated 31 January)

  20. Concerned about traffic and the speed, noise and frequency of the vehicles through the village. Site noise can be heard in the village. When the site was last fully operating the site noise was a continuous intrusive drone punctuated by the sound of reversing warnings from vehicles. Dust was a problem in the village collecting on laundry and windows. Operating hours were not kept to previously, work would start early and weekend work was a matter of course.

    21. Conditions should be legally imposed on the operation to control traffic movements to 20 loads per day, to limit speed to 10 mph through the village. To keep the road through the village free of mud, to keep the drains along the road clear, restrict operating hours to 8.00am to 5.00pm Monday to Friday with no weekend working, to keep noise to an "imperceptible level" and to control dust by water bowser.

    Resident of Playhatch (letter dated 25 January)

  21. Objects to the application which would bring unnecessary impact on the amenity of Playhatch village. Feels strongly that the following issues need to be considered by the County Council in determining the application:-

    • Need

    • Permanency

    • Vehicular trips

    • Vehicular access

    • Fly tipping

    • Road sweeping and drain clearance

    • Opening hours

    • Noise attenuation

    • Dust control

    • Landscaping

Urges that if planning permission is granted, strict management of the site is required through enforceable planning conditions and legal obligations.

Resident of Playhatch (letter dated 21 January)

  1. Requests that the following points are taken into consideration:-

    • Why in Playhatch?

    • There are no paths in the village, children walking

    • Mud left on the road from the lorries needs to be cleaned

    • Speed of the lorries travelling through Playhatch

    • Opening hours restricted to 9.00am – 5.00pm

Resident of Playhatch (fax dated 10 January)

  1. No objection as long as Hanson continue to clean the road on a weekly basis to keep it free from dust and silt build up from lorry movements. The type of materials allowed to be processed at the facility should be restricted to inert and non-hazardous.

    2. Policy Background

  2. The relevant planning policies are set out in Schedule 2. Oxfordshire Structure Plan 2011 (OSP) policy WD1 and Oxfordshire Structure Plan 2016 – Deposit Draft (OSPDD) policy WM2 both support proposals to minimise waste generation and move waste management up the hierarchy (from landfill at the bottom to recycling and re use further up). Policy WM2 further urges that such proposals should be the Best Practicable Environmental Option (BPEO) in terms of the proximity of the development to the source and market for recycled products. BPEO is dealt with in more detail under the next heading of this report.

  3. Oxfordshire Minerals and Waste Local Plan 1996 (OMWLP) policy W3 supports proposals for recycling provided that the site is close to the source of waste and the market for the recycled product, provided the site is well related to the transport network, there would not be an unacceptable effect on amenity and there is no conflict with other policies in the Development Plan. However, OMWLP policy W4 states that proposals for recycling will not normally be permitted in the open countryside unless (a) there is an established overriding need and no other suitable site is available or (b) the development is to form part of a mineral extraction or landfill site and would be removed on completion of that operation.

  4. Emerging regional guidance (Panel report on Regional Planning Guidance Note 9, Minerals and Waste) advises that Local Development Frameworks should identify locations for waste facilities which have good accessibility from urban areas, good transport connections and compatible land uses such as active mineral sites.

  5. In relation to development in the open countryside both the OSP and OSPDD have policy G5 which states that the countryside will be protected from harmful development. Policy C3 in the South Oxfordshire Local Plan - April 1997 (SOLP) makes reference to the protection of character and appearance of Areas of Great Landscape Value. South Oxfordshire Local Plan Second Deposit Draft (SOLP2) seeks to protect the attractive landscape of settlements from development which would have a damaging effect.

    6. Best Practicable Environmental Option (BPEO)

  6. The proposal should be considered against the BPEO as set out in the Government’s document Waste Strategy 2000 as outlined below:

    1. The Proximity Principle. The proposal is in accordance with the proximity principle as the facility would serve the nearby Reading and Henley areas which are the main sources of commercial and industrial waste and the main markets for the recycled product.

    2. The Waste Hierarchy. The proposal would provide the opportunity for the recycling of waste that would otherwise be landfilled thus moving waste up the hierarchy.

    3. County Self Sufficiency. The proposed site would take waste primarily from Reading, which is outside the County. However, OSP policy WD3 states that provision will be made to accept waste from other parts of the South East for treatment within Oxfordshire provided that this is consistent with regional, structure and local plan policies.

    Comments of the Head of Sustainable Development

  7. The main issues are development in the open countryside and impact of the proposed recycling operation on local people and the village of Playhatch in terms of traffic and amenity issues.

    8. Open Countryside

  8. The adopted SOLP and the second deposit draft both show the site in the open countryside. The SOLP also designates the site as being in an Area of Great Landscape Value. Policy W4 of the OMWLP states that proposals for recycling will not normally be permitted in the open countryside unless (a) there is an established overriding need and there is no other suitable site available and/or (b) the development forms part of a mineral extraction. The applicant has made a case for the need for the facility and has also highlighted the lack of availability of other sites in addition to the kind of sites that are considered suitable for this type of activity. The site is no longer used for mineral extraction therefore part (b) of OMWLP policy W4 does not apply.

  9. Playhatch Quarry is now completely worked out. As a result, the floor of the quarry is considerably lower than the surrounding land. The site is well screened and the applicant would make further improvements to the visual appearance of the quarry if permission was granted. When assessing whether this proposal would affect the open countryside it is necessary to consider OSP policies EN1 and EN2. They state that the nature, size, location or cumulative effects of a development should not have an unacceptable environmental impact and environmental measures will be sought to minimise adverse effects of a development and to maintain and enhance the landscape. Therefore, provided the adverse environmental effects are not unacceptable or can be controlled adequately then the need for the development will override them. The environmental effects are considered below.

    10. Traffic

  10. The site is 400 metres north of the A4155 Caversham to Henley Road which provides reasonable access to the Caversham area. However, the route from the site to the main road passes through Playhatch village.

  11. The Parish Council, together with some residents, have expressed concern about the adverse impact of lorries through the village. Hanson’s application is for 100,000 tonnes throughput per annum which would result in an average of 40 lorry movements per day (20 in, 20 out). There are no pavements and in places the road is narrow. People are also concerned because children walk down the road to get to school.

  12. The applicant has offered a number of controls. All drivers accessing this site would be instructed to observe a speed limit of 10mph when passing through Playhatch both to and from the site. Signs requiring this speed limit would be erected at the entrance of the quarry and to the south of the village. The applicant states that drivers exceeding the speed limit would be reprimanded. The applicant would also undertake covert monitoring to secure compliance with the speed limit, which would also be secured through a legal agreement.

  13. There has been chalk extraction and recycling at this site for many years and the District Environmental Health Officer has received no complaints about lorry traffic over the last 5 years or so and there is no technical highway objection to the proposal. Nevertheless, because of the close proximity of a number of houses, officers have expressed their concern about the grant of a permanent permission allowing the level of traffic proposed in perpetuity and without having been able to test the effectiveness of the mitigation measures detailed above.

  14. In the light of this concern, the applicants have indicated that they would be prepared to accept a condition restricting the throughput of the facility to 70,000 tonnes per annum. The effect of this would be to reduce average lorry movements from 40 per day to a little less than 30 per day. This should ensure that traffic levels would not increase over levels experienced in the past, and together with the mitigation measures proposed should provide an environmental and safety improvement compared to past operations.

  15. The applicant has also indicated a willingness to set up a liaison committee with the Parish Council to help respond to any ongoing concerns of local people both in relation to traffic and other environmental issues. In my view the tonnage limitation would result in a significant reduction in the potential environmental impact on local people and liaison would help with responsive management of the site and the impact on its immediate environs.

  16. With these conditions in place the development would be in accordance with MWLP policy W3 (c) which states that the proposal will not cause unacceptable nuisance in terms of traffic. In order to give further weight to restricted vehicle speeds the provision for independent speed monitoring of vehicles should be included in the Section 106 legal agreement if permission is granted for the operation. The applicant has agreed to this monitoring.

    17. Amenity Issues

    Noise

  17. Noise was another central concern of residents. When the site had operated in the past noise was audible in the village. General operations could be heard and the noise of vehicle reversing warnings was also disruptive.

  18. In response to these concerns the Environmental Health Officer for South Oxfordshire District Council visited the site and made some recommendations for measures which the company should undertake if permission is granted. These recommendations control the levels of noise from the site which would be audible in the village. The noise levels which he would accept from the site would be in line with Minerals Planning Guidance Note 11 (MPG 11): The Control of Noise at Surface Mineral Workings (1993). The levels would be 55 dD LAeq at properties in the village of Playhatch. Other measures he recommended related to the way that operations would be carried out within the site. The operation should be organised to reduce the need for vehicles to reverse thus cutting out the loud warning signals. Any vehicles that do need to reverse on the site should have reversing signals which are not audible beyond the boundary of the quarry. These measures could be achieved by conditions and would ensure that the amenity of Playhatch would not be compromised by unacceptable noise levels thereby meeting OMWLP policy W3 (c).

    19. Operating Hours

  19. The Environmental Health Officer (EHO) for South Oxfordshire District Council recommended that the hours of operation at the site be limited to 7am – 5pm Mondays to Fridays and 7am – 1pm on Saturdays with no working permitted at the site at any time on Sundays or Bank Holidays. These operating hours could be imposed as a condition if planning permission is granted. Some residents at Playhatch are concerned because in the past working began early in the morning, sometimes as early as 4.30am, and occasionally went on through the night. Working at weekends and on Bank Holidays was also a common occurrence. This pattern of working is entirely unacceptable and the operating hours proposed by the EHO would be imposed by condition if planning permission is granted.

    20. Dust

  20. Many residents have cited dust as a problem which had been experienced in the past. Nevertheless, dust could be a problem and OMWLP policy W3 (c) states that dust should not cause unacceptable nuisance as a result of the proposal. The applicant has said that in order to control dust at the site a water bowser would be used to dampen haul roads, operational areas and stockpiles of materials during dry weather. He would operate a 10mph speed limit, which would apply to all vehicles within the site and would further reduce the creation of dust. However, chalk extraction, which is a higher dust generating activity than recycling, has now permanently ceased at the quarry. The dust control measures outlined above could be set out in conditions attached to any grant of planning permission to control this aspect of the development.

    21. Maintenance of Dunsden Green Lane

  21. The upkeep of Dunsden Green Lane in terms of drain clearance and mud/debris being deposited on the road was a further key concern of Playhatch residents. As a result of the last grant of planning permission at the site, a Section 106 legal agreement was entered into which secured payments from the site operator to clean the drains on a quarterly basis and ensuring that a road sweeper would be used to clear mud and debris deposited on the public highway. The applicant has agreed to continue this agreement in the event that planning permission is granted for this development.

    22. Other Considerations

    Duration of Proposed Development

  22. The applicant has applied for permanent permission for the recycling operation at Playhatch Quarry. Residents are concerned that the company would become complacent knowing that they had permanent planning permission. If the developer did not comply with planning conditions it is felt that it would be harder to take effective enforcement action as the threat of not obtaining future permissions would not be there. The fact that Hanson could also sub contract work at the site or sell it to a less reputable operator was also brought up. Government advice is that the fear of non-compliance with planning conditions is not material. The Planning Authority has enforcement powers and should use them if conditions are breached.

    23. Need

  23. There is national, regional and strategic guidance which advocates that the amount of recycling should be increased. The Waste Strategy 2000 for England and Wales supports recycling of commercial and demolition waste with a view to reducing the amount of waste disposed by landfill and providing an alternative to primary aggregates. The Development Plan echoes this message and contains key policies which relate to recycling. OSP policies WD1 and M4 encourage proposals to increase the use of recycled materials and OSP policy G6 complements this aim by urging new developments to use recycled construction materials as far as possible. In order to move away from landfill the government estimates that many more recycling facilities are necessary. Therefore, a clear need exists.

    24. Consideration of alternative sites

  24. The applicant has investigated alternative sites where this development could be located. Two sites identified in the Waste Local Plan for Berkshire are not well placed to serve the northern and western parts of Reading which are the main source of the waste to be processed and the main market for recycled materials. The location of the application site is quite well placed to serve the Caversham part of Reading.

    25. Section 106 legal agreement rather than planning conditions

  25. Some residents say that if planning permission is granted they would like assurance that there would be strong controls over the development. It is suggested that these controls be through a legal agreement. Government advice recommends that controls over development should not be in a legal agreement if they can be covered by a planning condition. Legal agreements relate to aspects of the development which are beyond the planning permission boundary or timescale. In this case, the aspects of the development which would need to be covered by a legal agreement if permission is granted are the routeing of lorries, the clearance of drains along Dunsden Green Lane and monitoring of traffic.

    26. Landscaping

  26. A local resident notes that although the applicant submitted plans for planting and management of the site, they should also include both sides of the access road in an attempt to tidy and improve the visual amenity to the entrance of the quarry. This additional planting could be required by a condition attached to any grant of planning permission.

    27. Restoration

  27. The applicant has submitted a restoration plan with the application which outlines site contours and a species mix for site restoration. In the event that operations at the quarry cease then the operator would be required to restore the land in accordance with this plan.

    28. New gates at the site entrance

  28. Recently new gates have been installed at the entrance to the site very close to the road. Previously the gates were set back far enough from the road so that it was possible for a lorry to turn off the road and park outside the site without causing a highway obstruction. This is no longer the case. If permission is granted these gates should be relocated further up the access road to a location agreed by the Waste Planning Authority before development at the site commences and their scale and colour changed to something more suitable.

    29. Fly Tipping

  29. There was concern from a local resident that if the applicant moves the gates further up the entrance road there would be an increase in fly tipping at the entrance. It was suggested that security measures such as CCTV could prevent this from happening. If the applicant wanted to install CCTV at the quarry this would be a decision that he would need to take independently. There is no history of fly tipping in this location. However, if fly tipping did take place it would fall to the company to remove any material on their land.

    30. Conclusions

  30. Provision of a permanent site for recycling close to a large built up area is consistent with waste policy at all levels. The impact of the development on the open countryside is minimal because the site is set within a redundant quarry. Restoration of the higher slopes of the quarry would reduce the more distant impact of the quarry for instance from the A4155.

  31. Traffic impact on Playhatch village is a concern but the applicant has offered a range of measures to reduce the impact and also agreed to reduce throughput from 100,000 tonnes to 70,000 tonnes with resultant reduction in the number of lorries through the village.

  32. Other environmental concerns for instance in relation to noise and dust and operating hours, can be dealt with by condition. The District Environmental Health Officer does not object to the development.

  33. In my view, planning permission should therefore be granted with the conditions and legal agreement proposed.

Reason for approval

56. Recycling construction and demolition waste has a number of benefits which are recognised in all levels of waste policy. The application would enable the recycling of up to 70,000 tonnes of construction and demolition waste per annum which would arise in the Reading and Henley areas. The recycled product would be sold back to this local market thereby reducing the need for land won primary aggregates as supported by policy.

57. The concerns of local residents which were primarily about traffic through the village of Playhatch and the effect of noise and dust on the amenity of the area have been overcome by planning conditions, a legal agreement and also a routeing agreement. The site would require a waste licence from the Environment Agency who would also monitor the site for the duration of this permission.

RECOMMENDATION

58. It is RECOMMENDED that subject to:


(a) a legal agreement to secure the clearance of the drains along Dunsden Green Lane, the removal of mud and debris from the public highway resulting form lorry movements from the site and monitoring of traffic speed through Playhatch village; and

(b) a routeing agreement to secure the movement of lorries to and from the south of site to the A4155;

that Application No P05/E0024/CM be approved subject to:

(c) conditions as set out in Schedule 1 to this report to include a reduced throughput to 70,000 tonnes per annum;

(d) the Head of Sustainable Development being authorised to refuse the application if the legal agreement and routeing agreements referred to in (a) and (b) above are not completed within 10 weeks of the date of this meeting on the grounds that it would not comply with MWLP policy W3 in that the proposal would cause an unacceptable traffic nuisance.

CHRIS COUSINS
Head of Sustainable Development

Background papers: Application for the continued use of former chalk quarry for construction and demolition waste recycling at Playhatch Quarry, Dunsden Green Lane, Playhatch. File Ref 8.3/7476/2

Papers can be viewed by prior appointment at the Sustainable Development Service, Environment & Economy, Speedwell House, Speedwell Street, Oxford OX1 1NE

Representation made about the application are on this file.

Contact Officer: Emma Shaw Tel: 01865 815272

March 2005

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