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HERTFORDSHIRE COUNTY COUNCIL

DEVELOPMENT CONTROL COMMITTEE

THURSDAY 25 APRIL 2019 AT 10.00AM

HERTSMERE BOROUGH COUNCIL

APPLICATION FOR CONTINUED USE OF AN EXISTING MATURATION PAD FOR THE PROCESSING OF GREEN WASTE AND ITS CONVERSION INTO COMPOST FOR USE AS A FERTILIZER ON LAND FARMED BY A F PINKERTON & PARTNERS FROM ITS HUB AT BLACKBIRDS FARM.

Report of the Director of Environment & Infrastructure

Author: Brian Owen Tel: 01992 556255

Local Member: Caroline Clapper

1 Purpose of Report

1.1 To consider application 0/0897-18 (CM0867) for the continued use of an existing maturation pad for the processing of green waste and its conversion into compost for use as a fertilizer on land farmed by A F Pinkerton & Partners from its hub at Blackbirds Farm, Aldenham, WD25 8BS.

2 Summary

2.1 The proposal seeks planning permission for the continued use of a maturation pad in an area known as Works Field 1 at Blackbirds Farm for the processing of green waste and its conversion into compost for use as a fertilizer on land farmed by A F Pinkerton & partners from its hub at Blackbirds Farm.

2.2 In 2009, planning permission was granted for green waste composting at Blackbirds Farm. The process involves the importation of green waste from a number of sources, shredding/processing, and placing the green waste on maturation pads in windrows to allow it to decompose. This produces compost which is then moved from the maturation pads and spread as fertilizer on land within the Blackbirds Farm enterprise.

2.3 The site is within the Metropolitan Green Belt between the settlements of Aldenham and Radlett.

2.4 There are five planning applications being considered together:

(1) An application to increase the permitted “throughput” of waste operation from 8,000 tonnes per annum to 23,500 tonnes per annum;

(2) An application for the continued use of a maturation pad at Works Field 1;(3) An application for the continued use of a maturation pad at Broadfields;

Agenda Item No.

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(4) The present application for the construction and use of two maturation pads (Works Field 2 and 3);

(5) An application to vary a condition to increase the permitted number of HGV movements in association with the delivery of green waste to the site.

2.5 Whilst each application must be determined on its merits, the relationship between all of the applications needs to be considered together.

Conclusion

2.6 Taking all material considerations and relevant planning policy into account, it is recommended that the Director of Environment and Infrastructure should be authorised to grant planning permission, subject to the application being referred to the Secretary of State and his not wanting to call the application in, subject to the following conditions (the full wording of which can be found at the end of this report):

1. Approved Plans and Documents2. Height of Waste 3. Landscaping4. Odour5. Dust Suppression6. Resale of Green Waste 7. Operating Hours8. Compost quality9. Drainage10.Vehicle movements

3 The Proposal

3.1 The proposal seeks planning permission for the continued use of a maturation pad in an area known as Works Field 1 at Blackbirds Farm. Planning approval was granted on 25 September 2009 under application 0/1097-09 for the change of use of existing silage pits to use as open windrow composting of green waste at Blackbirds Farm. As part of that approval, condition 18 required details to be agreed for the location of maturation areas.

3.2 Whilst the approximate location of the Works Field Maturation Area was indicated by a cross on a plan received by the Council, this was outside of the initial red edge approved under 0/1097-09 and also was not within a red edge plan as part of the discharge of condition 18. Legal advice is that the details of the maturation pads should have been within a defined red edge location plan as part of a planning application.

3.3 Green waste is brought to the farm via HGV to a reception area (this reception area was approved under application 0/1097-09). Having being inspected for rogue material and shredded if necessary, the green waste is then transferred by trailer and tractor within the farm to the maturation pad in Works Field 1 where it is stored in open windrows of no more than 4 metres in height.

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3.4 Windrows are rows of green waste where biological processes convert waste into compost. The temperature of each windrow is recorded on a daily basis and the material is turned as necessary by a compost turner (an aerator) to maintain aerobic conditions.

3.5 The maturation process typically takes six weeks depending on the type of material being composted, time of year and weather conditions. The material is classed as waste whilst it sits on the maturation pad until the final screening takes place. At this point it achieves the national compost benchmark accreditation, being PAS 100, ceases to be classed as waste, having become compost. It then becomes an agricultural product and is ready for spreading on the fields which form part of the farming operation of AF Pinkerton & Partners. The farm holding is approximately 440 ha.

4 Site and Access

4.1 Blackbirds Farm is located within the Metropolitan Green Belt. The settlement of Radlett is located approximately 1 km the east of the application site, and Aldenham is approximately 1 km to the south. The farm is accessed from the B642 Radlett road by High Cross, Kemprow and Blackbirds Lane. These are minor roads with some residential properties adjacent. The nearest residential properties are found off Oakridge Lane by the scrap yard and are 250m from the site. Other residential properties are 5 Blackbirds (Grade II listed building) 270m, Blackbirds Farm (Grade II listed building) 290m, 1-4 Blackbirds Lane 270m, The Nook (Grade II listed building) 460m and Kemprow Farm (Grade II listed building) 480m from the maturation area at Works Field 1. The site is accessed from the farm yard area along farm tracks.

4.2 The application has an area of 0.57 ha (5,700m2). In total the maturation area at Works Field 1 covers an area of approximately 4400m2 including a hard core pad of 3,430m2 where the green waste is stored whilst it matures. Works Field 1 is linked to Blackbirds Lane by a roadway 4m wide by 260m long. The hard-core pad has a sealed drainage system. This drains directly to the existing dirty water lagoon which has been in existence for many years.

4.3 A sewage works is located to the immediate north east of the main farm complex. The site is an area of land that once formed part of the sewage works though does not appear to have been used operationally. The land is now in the ownership of Blackbirds Farm. The land is below the level of Blackbirds Lane. Blackbirds Lane becomes a byway at the point it joins the farmyard by Blackbirds Farmhouse and runs past the waste reception area and then turns north west. Bridleway Aldenham 74 runs north east and the roadway is formed off this track. The boundary with Blackbirds Lane on the south west is screened by hedgerow and trees, though some views from the Blackbirds Lane are possible. Further along Blackbirds Lane is a wooded area which is a county wildlife site 250m from the site. The north west boundary of Works Field is an area of trees and hedgerow and the sewage works is along the north eastern boundary.

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4.4 The site is within the Green Belt. The maturation pad lies within source protection zone III, total catchment.

5 Policy Considerations

5.1 National Planning Policy Framework February 2019Chapter 6, Building a Strong Competitive EconomyChapter 13, Protecting Green Belt LandChapter 15, Conserving and Enhancing the Natural Environment

5.2 Hertfordshire Waste Core Strategy 2011-2026Policy 1A: Presumption in Favour of Sustainable DevelopmentPolicy 6: Green BeltPolicy 11: General Criteria for Assessing Waste Planning ApplicationsPolicy 15: Rights of Way

5.3 Hertsmere Borough Council Local Plan Core Strategy DPD Adopted 2013:Policy CS13: Green Belt

5.4 Hertsmere Borough Council Site Allocations and Development Management Policies Plan Adopted November 2016:Policy SADM26: Development Standards in the Green Belt

6 Relevant Planning History

6.1 0/1097-09, Application for Proposed Change of use of the existing silage pits to use as open windrow composting of green waste. Approved 25 September 2009, subject to conditions.

6.2 00/0966-17, Application for a Certificate of Existing Lawful Use (CLUED) for use of former silage pits and land for the storage, shredding, maturation and composting of green waste. Refused 14 June 2017.

6.3 Enforcement Notice served 28 June 2017 with regard to Broadfields Maturation Pad, requiring cessation of all importation of waste materials at the land within five days of effect of Notice (Effect of notice date 5 August 2017), and the removal of all waste from the land within three months of the Notice taking effect. An appeal has been lodged with regard to the enforcement notice.

6.4 Enforcement Notice served 28 June 2017 with regard to School Fields Maturation Pad, requiring cessation of all importation of waste materials at the land within five days of effect of Notice (Effect of notice date 5 August 2017), and the removal of all waste from the land within three months of the Notice taking effect. An appeal has been lodged with regard to the enforcement notice.

6.5 PL\0854\17 (0/1538-17)- Variation of condition 2 on permission 0/1097-09 to change hours for delivery and operation. This is planning permission was challenged by judicial review in the high court and the court did not quash the

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decision however a challenge to the court of appeal has been made and this will be heard on 23 and 24 July 2019.

6.6 0/1082-18 Application for the construction of two maturation pads (Works Field 2 and Works Field 3).

6.7 0/1076-18 Application to vary condition 6 of p.p 0/1097-09.

6.8 0/0144-18 application for continued use of an existing maturation pad for the processing of green waste and its conversion into compost for use a fertiliser (Works Field 1).

6.9 0/1074-18 Application for the continued use of an existing maturation pad for the processing of green waste and its conversion into compost for use as a fertiliser (Broadfield).

6.10 PL\0857 (0/1567-17) Application for proposed continued use of an existing maturation pad for the processing of green waste and its conversion into compost for use as a fertiliser on land farmed by A F Pinkerton. This planning permission was quashed by the high court.

6.11 PL\0855\17 (0/1563-17)-Variation of conditions 6 and 7 on permission 0/1097-09 to only include HGV vehicles within these conditions (Pending Decision) This is planning permission was challenged by judicial review in the high court and the court did not quash the decision however a challenge to the court of appeal has been made and this will be heard on 23 and 24 July 2019.

6.12 PL\0800\16- Proposed application for the variation of condition 3 on permission 01/1097-09 to increase the maximum throughput of green waste from 8,000 tonnes per annum to 31,000 tonnes per annum.

7 Consultations & Representations

7.1 Hertsmere Borough Council (Planning): No objections.

7.2 Hertsmere Borough Council (Environmental Health): No objections. Requests that a condition requiring accreditation to a standard which acknowledges that the compost is a product rather than waste. It notes that if the waste is not produced to this standard it is regulated by the Environment Agency but if it is accredited it is regulated by the Hertsmere Environmental Health Officer (EHO). The EHO wishes to see that it regulates the spreading of compost and therefore that the farmer continues to achieve PAS100 and this is certified to the planning authority annually. Also that a condition requires all operations to be carried out in accordance with an approved odour and dust management scheme.

7.3 Environment Agency No objections.

7.4 Aldenham Parish Council: No objections

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7.5 Hertfordshire County Council as a Highways Authority did not comment on the maturation pad in itself as it is not directly accessed by public highway, but by internal tracks within the farm.

7.6 Lead Local Flood Authority (LLFA): No objections. Acknowledge that the site drains into an existing dirty water lagoon. This lagoon receives not only the effluent from the cattle yards but also the surface water runoff from the former silage pits used for the initial stages of composting drains. According to the information provided the Environment Agency (EA) has approved the existing wastewater treatment system at the site and carries out inspections of the system. It is considered that the dirty water lagoon is a wastewater treatment system and not a surface waste drainage system. The LLFA therefore have no comments as they are not statutory consultee on the matter, and suggest that the Environment Agency should be consulted.

7.7 Hertfordshire Ecology (Hertfordshire County Council) Note that Hertfordshire Environmental Records Centre has badger records for the area. The site appears to be part of a larger operation. The site is already in use and so any impacts to ecology would have already occurred. It is understood that the site is sealed so any associated run-off from the operations are prevented from leaking into the surrounding environment.

7.8 Landscape Officer (Hertfordshire County Council)

Landscape and visual baselineThe site lies within the Aldenham Plateau landscape character area as defined within the Hertfordshire Landscape Character Assessment.

The landscape character is described as ‘An area of predominantly gently undulating arable farmland…Medium to tall hedgerows and sunken lanes help to enclose the open arable fields and retain a rural and tranquil character…’

The visual and sensory perception is described as ‘The relatively elevated level nature of the land and the enclosing vegetation means it is only locally visible from the surrounding areas.’

The strategy for managing change in this area is to improve landscape condition and restore the strength of character. The guidelines for managing change include:

promote enhanced habitat and visual linkage through a substantially improved and restored network of hedges and hedgerow trees

Landscape effectsThe site is well located in relation to existing development, within a parcel of grassland that was previously associated with the neighbouring sewage works and is well defined by the existing sewage works infrastructure to the north-east and south-east boundaries, the existing vegetation along the north-west boundary, and an existing restricted byway and associated vegetation (including some relatively recent panting) along the south-west boundary.

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The site layout takes advantage of the existing terraced landform that was created in association with the development of the sewage works, on an area of existing grassland that is not deemed to be of any significant landscape importance.

Visual effectsThe site is well located in relation to existing development, within a parcel of grassland that was previously associated with the neighbouring sewage works and is well defined by the existing sewage works infrastructure to the north-east and south-east boundaries, the existing vegetation along the north-west boundary, and an existing restricted byway and associated vegetation (including some relatively recent panting) along the south-west boundary.

The site layout takes advantage of the existing terraced landform that was created in association with the development of the sewage works, on an area of existing grassland that is not deemed to be of any significant landscape importance.

ConclusionOverall the proposed development is not considered to give rise to any significant adverse landscape and visual effects and is therefore deemed acceptable.

7.9 Waste Management (Hertfordshire County Council)

The council as Waste Disposal Authority (WDA) does not currently hold a contract with Blackbirds Farm. In line with the Authority’s Local Authority Collected Waste (LACW) Spatial Strategy 2016, the WDA would support the proposed continued use of an existing maturation pad for the processing of green waste. The changing nature of LACW organic waste collections means it is important to have facilities in the County that can provide a range of organic waste treatment methods. Having facilities within the County enables waste to be treated locally. This reduces transport costs and provides environmental benefits by reducing the distance waste is transported for treatment.

7.10 Historic England: No objections.

7.11 Affinity Water: Note the site is within the source protection zone for Wall Hall pumping station, which is used for public water supply. Due to geology there is limited protection to chalk aquifer and therefore seek assurances that measures are implemented to control losses of nutrient rich liquid waste to the aquatic environment including confirmation of the infrastructure to contain nutrient rich waste.

7.12 Thames Water suggest that the waste planning authority liaise with the Environmental Health Authority and Environment Agency to satisfy itself that local residents will not be materially affected as a result of the development also that an odour impact assessment should accompany the application as

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residents may think that odours arise from the Blackbirds Sewage Treatment Works.

7.13 Neighbours / Publicity; Publicity for this application was as follows:

Two site notices were erected on 17 August 2017. An advert was also placed in the Watford Observer on Thursday 3 October 2017.

A total of 445 properties were consulted. A total of 68 objections have been received and 41 responses in support of the application. All responses across the 5 planning applications have been brought together. A further consultation has been carried out in March 2019 and these will be reported verbally to committee (no new issues have been raised).

7.14 The concerns raised in the 68 objections are in summary as follows:-

Foul Odour- when compost spread or turned. Residents unable to have doors and windows open as the smell is overpowering.

Odour Abatement orders have been served on Reviva composting in Elstree and that site is well beyond 250 metre distance recommended. In this instance the sites are within that distance and close to a children’s nursery school (Rexton).

Odour from JCB with uncovered trailers on a narrow road to the Pegmire Lane site.

4 times increase in throughput will exacerbate concerns and make living in Pegmire Lane very unpleasant.

Odours can penetrate neighbouring properties and unable to invite friends and family due to property because of composting odours.

Unable to spend time in garden due to odours. In addition the composting piles emit smoke. Odours across Radlett and Aldenham. If increase in composting allowed the need for an increase in digestate

and odours from that would also increase. The Odour Management Plan is not effective. There is already a composting site at Elstree 5 miles away. One resident believes odours have led to headaches and nausea within

their family. Footpath across School Field which goes toward nursery school is

unbearable to use due to odour and dust. Health Concerns. One resident only just overcome cancer and two others

in Pegmire Lane have health issues which they believe could be wholly or in part due to the composting operation.

One resident has low lung capacity and suffers from migraines suggesting there may be a link with the composting operation.

Concerns for respiratory health from bioaerosol emissions. A parliamentary debate in 2008 recommended that sites should be located away from residential communities.

Health risk from increase in air-borne dust in recent years.

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An objector is concerned that the unknown effects of bioaerosols may affect their rehabilitation from cancer.

Another objector’s husband has lung cancer and they themselves have lung inflammation and use a steroid inhaler. As a resident of Pegmire lane they claim to be only 216 metres downwind of the School field site and they believe site like this should be 400 metres from residential properties. The dust raises health concerns. The proposal is to increase throughput of green waste to an industrial scale close to residential homes is unacceptable and a health hazard.

Processing should be done at Garston 2km from nearest residential properties.

General concerns relating to respiratory health. Another objector claims he believes his use of an inhaler and his wife’s

recent throat infection may be attributed to the composting process. The health of residents should outweigh the green waste processing near

built up areas. Current maturation site [School Field] should be immediately shut down is

within 250 metres safety zone to residential properties. The Council should not have withdrawn enforcement notice. With regard

to bioaerosol emissions a Cranfield University Report recommends that Public Health and the Environment Agency have a duty of care to the public to protect from unknown effects of bioaerosols. Surely it is better to move composting sites away from residential properties perhaps even to Garston site.

Claim from one objector that another resident at Patchetts Green has been notified by a consultant that an inflammation on their lung is without doubt the cause of bioaerosol emissions [please note that this claim has not been made directly by the person with the condition but by another objector and no other information at the time of writing has been provided to corroborate this claim].

In the event that there is no idea of the effects, surely the business should be further investigated and regulated.

Roads near the site are not to a standard to take heavy lorries. Houses shake as lorries pass Kemp Row. Claim lorry movements begin at

5.30 and disturb residents sleep. The potential damage to properties, (some of which are listed) from lorry movements is unknown.

Noise from lorries and tractors will increase. Traffic will increase between composting sites. There is concern for the

safety of children at Edge Grove School from the increase in traffic movements.

Kemprow is becoming dangerous, with traffic from the breaker’s yard, and operations and commercial business at Blackbirds. Dog walkers, cyclists and horse riders use this route. Edge Grove School is nearby. There is no pavement where the road narrows.

A new road opposite Blackbirds Lane to the B462 would be more appropriate

Claim the County Council position towards restriction on vehicle movements do not apply to JCB’s pulling trailers. Therefore there can be

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up to 60 trips in a day involving JCB’s pulling trailers and a few fold increases in production would significantly increase the amount of trips.

Claim the farmer does not adhere to the condition with regard to HGV numbers.

The increase in vehicle numbers will impact on amenity of the area Mud on the local roads due to the traffic High Cross is a no through road. High Cross is not wide enough for two cars to pass and for HGV’s and

tractors it is effectively a single lane. Impact on house values. It will become difficult to sell properties in locality

due to the impact of the composting operation. Increase in flies, other insects and vermin. Increase in size of 4 times the operation and proximity to residential

properties seems inappropriate. Fire risk. Also the maturation areas produce smoke. History of farmers operations provides no comfort that School Field will

not be used until he secures permission on the other sites. The maturation pad at School Fields is not lawful. School Field maturation pad is a blot on the landscape This would be overproduction of compost for the size of the unit. A

Nutrient Management Plan should be in place as the land should only be fed as much as it needs. The over use of the compost could lead to run off and river pollution.

The sale of compost from Blackbirds is forbidden and the farm should only produce enough for its own needs.

Site is in Greenbelt Dust over cars, and entering homes as a result of the operation Operation was started without planning permission or the consultation of

neighbours Recent approval of 46 new houses at Patchetts Green Equestrian Centre

will only serve to exacerbate impacts on residents Patchetts Green is one of Hertsmere Council’s premier conservation

areas. Council should consider views out of the area, including that of the church in Aldenham Village.

One objector has employed the services of Reading Agricultural Consultants to consider the proposals. The main body of their representations are attached at appendix and a full copy of the Agricultural Consultants Report has been made available to members in the Members Room.Key points listed in this representation are as follows:The applicant has not demonstrated ‘need’ for the increased tonnage in waste; in fact the documentation shows an overuse of the existing supply of compostThe evidence relied upon by the applicant for an agricultural need for increased compost production relates only to land outside of the Blackbirds Farm; nothing is said about the land comprised within Blackbirds Farm;

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The applicant’s intention is to use the additional compost on land outside Blackbirds Farm, which is contrary to the 2009 permissionThe applicant has not demonstrated an agricultural justification even for the existing 8000 tpa. At either Broad Field or Works FieldThe applicant has put forward no evidence that the impact on amenity arising from his applications will be acceptable, despite already possessing evidence to the contrary.

Comments made from the 41 responses in support of the application stated the following in summary:-

The smell from the composting operation is not noxious. The odours that come from the nearby sewage works are far worse.

The farmer goes through a lengthy process to ensure odours are kept to a minimum

A neighbour at Hillside Road state that they have never experienced any breathing difficulties.

Farmers need to diversify and make a living Sustainability is key It is incredibly important that farmers are given the opportunity to use

green materials to be made into compost and fertilisers for use on their land rather than inorganic materials which are detrimental to the environment

neighbour at Hillside Road states that they have never been bothered by an increase in traffic from lorries. Drivers obey speed limits and are considerate to horse riders.

Machinery is noisy but out of earshot of any residential accommodation and operates during normal working hours.

A respondent working in the area 6am to 6pm 7 days per week states that they have never encountered problems of smell, noise, traffic and that the farmer runs his business in harmony with neighbouring businesses.

A respondent stated that when living in the countryside where horses are stabled, compost is made and crops grown you should embrace these processes or you are living in the wrong area.

This is a model farm and stables. A nearby resident stated that they have never been woken by activities of

the farm and never had problems with traffic. The operation is positive for the community and the farm is a safe place

for walks. A respondent stated that they had never been affected by operations and

that they can enjoy diverse wildlife at Blackbirds Farm. The composting operation doesn’t affect this.

The odour from the water treatment Benefits of composting well known to use as a fertiliser in an

environmentally friendly way Provides Employment The Headmaster of Edge Grove School supports the application. The

School value the work that is being done to recycle green waste to be

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used as compost. The School is an eco-school, working hard to obtain green flag status and teach sustainable practices. To have the operation close to the school is an invaluable teaching resource. As one of the farms closest neighbours the school have not experienced any issues of smell or inconvenience of HGV transport. Being a semi-rural school surrounded by agricultural land, one does expect smells of the countryside at times. The operation should be used as an example and benchmark for all councils nationwide.

8 Planning Issues

8.1 The principal planning issues to be taken into account in determining this application are:

The Principle of the DevelopmentDevelopment within the Green BeltResidential AmenityEcological ImpactLandscape ImpactTraffic and highways impactDrainage and Flood Risk

The Principle of the Development

8.2 The National Planning Policy Framework (NPPF) supports sustainable development and the rural economy.

Paragraph 11 of the NPPF states that for decision making, this means:

c) approving development proposals that accord with an up-to-date development plan without delay; or

d) where there are no relevant development plan policies or the policies which are most important for determining the application are out-of-date, granting permission unless:

i. the application of policies in this Framework that protect areas or assets of particular importance provides a clear reason for refusing the development proposed; or

ii. any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole.

8.3 The three dimensions of sustainable development as identified in paragraph 8 of the NPPF- an economic, social and environmental objective are not at odds with the principle of the development proposed.

8.4 Paragraph 83(b) of the NPPF states that policies and decisions should enable the development and diversification of agricultural and other land based rural businesses.

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8.5 The National Planning Policy for Waste (NPPW) identifies the ‘Waste Hierarchy’- with prevention being the most desirable position, then downward in terms of merit to preparing for re-use, recycling, other recovery and only then disposal at the bottom of the hierarchy.

8.6 At a local level, Policy 1A of the Hertfordshire Waste Core Strategy states that planning applications that accord with policies in the Local Plan will be approved without delay, unless material considerations indicate otherwise.

8.7 Policy 11 of the Waste Core Strategy sets out General Criteria for assessing proposals for waste management and states facilities will be granted provided that inter alia

iii. the proposed operation of the site would not adversely impact upon amenity and human health.

The need for the development

8.8 The maturation pad at Works Field 1 forms part of the compost operations at Blackbirds Farm. The application 0/1239-16 considers the overall need for compost at the site and the increase from 8,000 tonnes to 23,500 tonnes. The maturation pad is required as part of this proposal.

Paragraph 10 of the NPPF states that,

“At the heart of the National Planning Policy Framework is a presumption in favour of sustainable development…..and for decision making this means approving development proposals that accord with the development plan without delay”

Paragraph 83 of the NPPF promotes development of agricultural and other land based rural business.

8.9 Policy 11 of the Waste Core Strategy sets out General Criteria for assessing waste applications planning applications for proposals for waste management facilities will be granted provided that inter alia iii) the proposed operation of the site would not adversely impact upon amenity and human health.

8.10 Whilst this facility does only serve the purposes of Blackbirds Farm and land farmed by A F Pinkerton, the natural composting of green waste is a sustainable method of farming as opposed to using artificial fertilization methods and it is a sustainable form of waste management.

8.11 Planning approval remains for the reception area and green waste processing at Blackbirds Farm through the earlier planning approval and a further application being considered by committee to increase the capacity. The maturation pad at Works Field 1 is a key part of the operational process to convert green waste to compost, however does not have approval. The

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principle of the development is considered acceptable therefore being in general accordance with local and national planning policy.

Development within the Green Belt

8.12 The site is within the Green Belt. The NPPF in paragraph 146 says that certain forms of development are also not inappropriate development provided that they preserve its openness and do not conflict with the purposes of including land within it. Paragraph 146 e) refers to material changes of use of land being one of these. The windrows would have an effect upon openness and therefore can be considered inappropriate development. Inappropriate development is by definition harmful to the green Belt and should not be approved except in very special circumstances. Planning authorities are told to ensure that substantial weight is given to any harm to the Green Belt. Further very special circumstances will not exist unless the harm to the Green Belt by reason of inappropriateness and any other harm are clearly outweighed by other considerations.

8.13 Policy 6 of the Waste Core Strategy: Green Belt says:Applications for new and/or expansion of existing waste management facilities within the Green Belt will be required to demonstrate very special circumstances sufficient to outweigh the harm to the Green Belt together with any other harm identified. In considering proposals within the Green Belt the following criteria will be taken into account as material considerations:

i) The need for the development that cannot be met by alternative suitable non-Green Belt sites;

ii) The need to find locations as close as practicable to the source of waste;iii) The availability of sustainable transport connections;iv) The site characteristics;v) any specific locational advantages of the proposed site;

andvi) The wider economic and environmental benefits of sustainable waste

management, including the need for a range of sites.

8.14 Hertsmere Borough Council Local Plan Core Strategy 2013 within Policy CS13 says that there is a general presumption against inappropriate development within the Green Belt.

8.15 Paragraph 134 of the NPPF says that the Green Belt serves five purposes as follows:-a) to check the unrestricted sprawl of large built-up areas;b) to prevent neighbouring towns merging into one another;c) to assist in safeguarding the countryside from encroachment;d) to preserve the setting and special character of historic towns; ande) to assist in urban regeneration, by encouraging the recycling of derelict

and other urban land.

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8.16 The proposal does not relate to sprawl, merging of neighbouring towns, affect the setting of any historic town or would assist in urban regeneration. The proposal does include development within the countryside. Works Field 1 prior to maturation was in agricultural use and before this formed part of the sewage works though does not appear to have been in operational use.

8.17 The proposal will cover an area of 0.57ha and will be composed of green waste formed into windrows. For each batch of compost made: green waste is deposited and formed into windrows, which are then turned periodically, then at the end of the biological process the compost is removed from the maturation pad. The height of the windrows is limited by the physical properties of the shredded waste and also by the need to ensure the compost turning machine can work with the height. A condition should be applied limiting the height of the green waste/compost to no more than 4 metres. The maturation pad is well contained visually though longer views are possible.

8.18 The site adjoins an operational sewage works which forms the character of the immediate locality. The site can be viewed from adjoining rights of way, the byway and bridleway but these views are limited and in the context of the sewage works. The impact will be limited and local and will not be encroachment of the countryside.

8.19 The proposal represents inappropriate development within the Green Belt and by definition inappropriate development is harmful. The harm to the Green Belt arises from the placement of the windrows and the activity of loading, which can give rise to vapour (which are short lived and dependent upon atmospheric conditions) from warm compost, turning and removal of the compost. The area is screened effectively by trees, hedgerows and the operational sewage works. The impact on the openness of the Green Belt is limited. It is considered that there is limited harm to the openness of the Green Belt, It is considered that there is limited harm to the openness of the Green Belt, although the harm that will occur should be given substantial weight.

8.20 It is accepted that very special circumstances exist, which include a number of factors. The proposal has the benefits of being sustainable waste management and pushing the management of waste further up the waste hierarchy. The green waste is converted into a compost which recycles waste into a useful product. This avoids green waste being taken for disposal and pushes management of this waste stream as far up the waste hierarchy as current practice and technology allows. The product is used as a fertiliser and soil conditioner. This improves the condition of the soil and reduces the need for other artificial fertilisers which are high in terms of energy and other costs and not as sustainable as using a product which is otherwise waste.

8.21 The facility would increase the capacity for composting waste within Hertfordshire. The Capacity Gap Report 2017 identifies that there is a shortfall of sites within the west of the county and this facility would contribute towards meeting that need. The proposal also provides employment and represents diversification for the rural economy. Together these factors provide very special circumstances that outweigh harm to the Green Belt.

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8.22 The proposal is inappropriate development within the Green Belt and the NPPF say that by definition such development is harmful to the Green Belt. The NPPF further says that substantial weight should be given to harm to the Green Belt. The development would provide harm by reason of inappropriateness and affect openness, although the amount of harm is limited. Whilst substantial weight should be given to the harm to the Green Belt, it is considered that it is clearly outweighed by the circumstances above.

8.23 Policy 6 of the Waste Core Strategy sets out a number of criteria for ‘waste management facilities’ within the Green Belt. The compost is used for the purposes of the farm within which it is sited. Compost facilities need to be relatively remote from other land uses and urban non-Green Belt sites are close to receptors. The capacity report sets out that there is a capacity need and green waste arises from urban areas which are close by.

8.24 There are sustainable transport connections to the site with good access to the local and major road networks and the wider economic and environmental benefits of the proposal weigh in its favour. As such there is no significant conflict with policy 6 of the Waste Core Strategy.

8.25 Waste Policy 7 (general criteria for assessing planning applications outside of identified locations) has similar criteria to Policy 6 and also says that proposals should be located within or adjacent to established or proposed employment land, previously developed land, industrial land or compatible use. This would though place the site close to receptors and the need to maintain a distance would cause a conflict, however for Works Field it is located next to an operational sewage works but not so close to residential receptors. The sewage works is a key site in the Hertsmere Local Plan, SADM24.

Residential Amenity

8.26 Policy 11 of the Hertfordshire Waste Core Strategy sets the general criteria for assessing waste applications and states that planning applications for proposals for waste management facilities will be granted provided that inter-alia

iii. the proposed operation of the site would not adversely impact upon amenity and human health.

8.27 The National Planning Policy for Waste says that impact upon amenity should be considered. The NPPW also says that planning authorities should concern themselves with implementing the planning strategy of local plan and not with the control of processes which are a matter for the pollution control authorities. Waste planning authorities should work on the assumption that the relevant pollution control regime will be properly applied and enforced.

8.28 The Environment Agency does not object to the planning application. The maturation pad will be regulated by them via the permit process, which will consider and deal with any impacts upon human health. In the case of Works

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Field 1 is over 250m to the nearest residential properties which adjoin the scrap yard. The sewage treatment works sits between these properties and the site and it is unlikely to have any impact upon their amenity.

8.29 The unloading, turning and other handling of the compost will produce some noise. This is intermittent and there is over 250m to the nearest residential property, these properties adjoin a scrap yard and the sewage works are also in between and therefore noise should not affect residential amenity.

8.30 Compost can cause odour. The regular turning of the compost is the process used to manage this. Compost can have a general earthy odour which usually dissipates with increasing distance. If compost is not turned when needed it can be anaerobic and this can create a strong and offensive odour. The NPPW advises that proximity to receptors should be considered and also the extent to which adverse odours can be controlled by the use of appropriate and well-maintained and managed equipment. The maturation pad makes use of a compost turner which aerates and mixes, and using this when required can manage and control adverse odours. The distance to the nearest receptor and the management of the compost process should mitigate these impacts.

8.31 Considering the distance to receptors, good management of the compost process and the proximity of the sewage works which will have an existing odour signature it should not have an adverse impact upon amenity.

8.32 The Environmental Health Officer (EHO) of Hertsmere Borough Council has regularly monitored the site and has not objected to the proposal. They have requested conditions that require PAS100 compliance and production of an odour management plan.

8.33 When the compost reaches PAS 100 standard it effectively is no longer a waste product. The EHO has advised that any potential for odour would also be reduced once the product reaches PAS 100 stage. It is considered reasonable therefore that a condition be attached to require this..

8.34 A dust suppression scheme is also in place with regard to the wider site, which includes the windrows at the maturation pad. This includes observations to keep the windrows in a moist condition to prevent dust. Again as this scheme is already in place under condition 10 of approval 0/1097-09, a new dust suppression scheme is not required, however a condition requiring that the operation at the pad is in accordance with the existing dust suppression scheme is considered reasonable.

8.35 In the absence of formal objections from either the Environmental Health Officer or the Environment Agency, and given the condition to require PAS 100 compliance, and continuation of existing odour and dust suppression schemes, it is considered that any impact upon residential amenity as a direct result of the development would be at acceptable levels and would not adversely impact residential amenity or human health in accordance with Policy 11 of the Hertfordshire Waste Core Strategy.

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Ecological Impact

8.36 Chapter 15 of the NPPF seeks to conserve and enhance the natural environment. Policy 11 of The Waste Core Strategy requires inter alia that:

iv. the proposed development would not adversely impact upon wildlife habitats, the natural, built or historic environments

8.37 The council’s Ecology Officer raises no objections to the application. They do not consider there to be any ecological constraints associated with the proposals, which seek to continue the present use.

8.38 The Ecology Officer advises that a native hedgerow around the maturation pad would be beneficial to not only screen the maturation area but have some ecological benefit. It is considered that such a condition requiring a hedge would be reasonable, being of some benefit not only in ecological terms, but for limitation of landscape impact.

Landscape Impact

8.39 Chapter 15 of the NPPF requires that the planning system should contribute to and enhance the natural and local environment by protecting and enhancing valued landscapes.

8.40 Policy 11 of the Waste Core Strategy states that application proposals for waste management facilities will be granted provided that inter alia:

i. the siting, scale and design of the development is appropriate to the location and the character of the surrounding natural and built environment;

8.41 The application site is not within a special landscape designation such as Area of Outstanding Natural Beauty.

8.42 The Landscape Officer concludes that overall the proposed development is not considered to give rise to any significant adverse landscape and visual effects and is therefore deemed acceptable.

Traffic and highways impacts

8.43 This application is for the maturation pad only which is served by internal tracks within the farm which do not form part of the public highway. As such the County Highway Authority has not commented on the application. The application however is for compost for use as a fertilizer on land farmed by A F Pinkerton & partners from its hub at Blackbirds Farm and the planning permission facilitates greater throughput at the site.

8.44 Green waste is moved via tractor and /or trailer from the reception area (which is controlled via conditions relating to application 0/1097-09, as that is served

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off the main highway) to the maturation pad. These movements do not involve the use of the public highway.

8.45 The compost as finished will need to be transported to the agricultural fields where it is needed. The application is supported by an analysis of the fields which shows the use of the public highway. The locations and where the compost is to be applied are the result of analysis of the soil and the crop requirements. Some of the fields are located at Garston and some at South Oxhey.

8.46 The compost is produced in batches of 500 tonnes per pad, with around 8.7 batches per year. Each batch could generate, for a 20 tonne load exporting the compost, 25 loads. The capacity of each pad is said to be 4,333 tonnes per year which would amount to 430 loads per year. When the farm takes the compost by road it employs two articulated lorries to do this. A condition should be imposed limiting the number of vehicle movements in line with the condition for the hub site.

8.47 The route to the wider highway is on to Oakridge Lane, Kemprow and High Cross, then on to the Radlett Road. The route does pass some houses. Kemprow and Oakridge Lane also serve the sewage treatment works and a scrap yard as well as Blackbirds Farm including other businesses at the site. The number of vehicle movements would not significantly affect the amount of traffic or the character of traffic using this road and should not have an impact upon amenity.

8.48 The access is off the bridleway and then Blackbirds Lane byway. This is for a short length and considering the number of vehicle movements should not change the character of the farm track significantly.

Drainage and Flood Risk

8.49 Chapter 14 of the NPPF seeks to direct development away from areas of significant flood risk. The site is within Flood Zone 1, and has a low probability of flooding. The site is also with a Zone III outer source protection zone.

8.50 With regard to drainage the Lead Local Flood Authority (LLFA) were satisfied that the site drains to an existing system and it is unlikely to have any impact upon surface water. The Environment Agency (EA) has approved the existing wastewater treatment system at the site and carries out inspections of the system. Given that the EA have not objected to the application it is considered that the maturation pad has adequate drainage in place. The proposal is in accordance therefore with Chapter 14 of the NPPF in this regard.

8.51 The proposal also requires an environmental permit and this is regulated by the Environment Agency.

9 Conclusion

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9.1 The proposal, with conditions, is unlikely to have adverse impacts upon residential amenity. The application would not have adverse effects upon ecology. The site is well contained visually and would not have significant landscape or visual impacts. The site is contained by sealed drainage and would not have a significant adverse risk to the water environment or cause concerns in relation to flooding. The highway authority is satisfied that highway safety and capacity are not an issue

9.2 The proposal is within the Green Belt and is inappropriate development. The proposal would have limited impact upon the Green Belt however it would impact upon openness and substantial weight is given to the harm to the Green Belt.

9.3 The very special circumstances are the benefits of sustainable waste management and pushing waste further up the waste hierarchy. The compost is used as a soil conditioner and Blackbirds Farm which requires improved soil fertility. The production of compost and its use as a soil condition reduces the need for other fertilisers which have high energy costs of production. The facility would increase the capacity of sites which can manage green waste and help meet a capacity gap. The proposal provides employment and helps with rural diversification. Together all of these factors are given more than substantial weight. The very special circumstances clearly outweigh the harm to the Green Belt and any other harm.

9.4 Any impacts that may arise are considered able to be appropriately mitigated by way of conditions, and any harm that may arise as a result of the development are not considered to outweigh the benefits of the scheme which supports a rural enterprise, facilitates a sustainable method of farming and is a sustainable method of dealing with green waste.

9.5 Taking all material considerations and relevant planning policy into account, it is recommended that the Director Environment & Infrastructure, subject to the application being referred to the Secretary of State and his not wanting to call the application in for a decision, should be authorised to grant planning permission subject to the following conditions:

1. Approved Plans and Documents2. Height of Waste 3. Landscaping4. Odour5. Dust Suppression6. Resale of Green Waste 7. Operating Hours8. Compost quality9. Drainage10.Vehicle movements

Approved Plans and Documents

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1) The development hereby permitted shall only be retained in accordance with the following approved plans submitted with the application unless otherwise agreed in writing by the Local Planning Authority:

• Plan 1, Location plan received 26 July 2017• Plan 3, Block Plan Works Field 1 Maturation Pad and Working Area

received 26 July 2017

Reason: In order to protect the character, appearance and amenity of the site and the surrounding area and for the avoidance of doubt.

Height of Waste Materials stored in Works Field 1 Maturation Area

2) No waste or other material shall be stored or stacked over a height of 4 metres within the Works Field 1s Maturation Area.

Reason: To limit adverse visual effects upon the surrounding landscape

Landscaping

3) Within 3 months of the date of this permission, a scheme for landscape screening of the maturation site at Works Field 1 including the planting of a hedgerow to the south and east boundaries of the site shall be submitted to and agreed in writing by the County Planning Authority. All planting agreed shall be undertaken within the first planting season following the agreement of the details as submitted.

Reason: To limit adverse visual effects upon the surrounding landscape

Odour

4) All operations at the site shall be carried out in accordance with the Odour Management Scheme as agreed under application 0/1097-09.

Reason: In the interests of odour suppression and local amenity

Dust Suppression

5) All operations at the site shall be carried out in accordance with the Dust Suppression Scheme as agreed under application 0/1097-09.

Reason: To minimise the potential for dust emissions and in the interests of local amenity the interest of its general amenity.

Resale of Green Waste Compost

6) There shall be no resale of the compost under any circumstances.

Reason: The justification for this development in the Green Belt is that it is intrinsically linked to an agricultural operation at Blackbirds Farm. The sale of

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the compost from the site is not considered to be an appropriate use within the Green Belt.

Operating Hours

7) Unless prior approval in writing by the Waste Planning Authority has been given, no processing of green waste including tipping, screening, shredding, and turning at the maturation pad shall be undertaken at the site except during the following hours:

7:30am-5.00pm Monday to Friday8am – 12.30pm on Saturdays (no processing on Sundays or Public and Bank Holidays)

Reason: To minimise any adverse impact of operations on the surrounding area in terms of noise and general disturbance.

Compost Quality

8) The compost produced at the application site shall achieve PAS100 accreditation or any subsequently revised standard superseding PAS100, which subsequent standard shall first be submitted to and agreed in writing by the Waste Planning Authority.

Reason: In the interest of human health and odour suppression.

Drainage

9) Within three months of this decision notice details of the drainage of the maturation pad shall be submitted to the Waste Planning Authority and drainage shall take place in accordance with the approved details.

Reason: To prevent groundwater pollution.

Vehicle Movements

10) Unless otherwise agreed in writing by the Waste Planning Authority, there shall be no more than 16 HGV movements (8in, 8 out) entering/leaving the access onto Kemprow in any one working day Monday to Friday and 8 (4 in, 4 out) on Saturdays

Reason: In the interest of highway safety and so that there shall be no adverse effect upon the free and safe flow of traffic along highway in the vicinity of the site.

Background information used by the author in compiling this report

Application documents:NPPF 2019

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Hertsmere Borough Council Local Plan Core Strategy DPD Adopted 2013Hertsmere Borough Council Site Allocations and Development Management Policies Plan Adopted November 2016Hertfordshire Waste Core Strategy 2011-2026Neighbour representationsConsultee responses