Archived decisions

Contact: Tanya Davies, ext 6496

1. Summary

1.1 The proposal is to infill a disused chalk-pit to the rear of 85 Catherington Lane, Horndean with spoil arising from a nearby housing development. The disposal of spoil into the pit will avoid the need for it to be disposed of elsewhere, thus reducing lorry movements. No additional waste materials will be brought into the site. Letters have been received from local residents and adjacent landowners opposing the application. The recommendation is to approve the application.

2. Site and Proposal

2.1 The chalk-pit, illustrated on the attached location plan, is located in an area of back land to the rear of plot number 85 Catherington Road. This area is bounded on all sides by residential development, Plovers Road to the north, Catherington Lane to the east, Victory Avenue to the south and Quail Way/Wagtail Road to the west. A planning application has recently been submitted to East Hampshire District Council to extend housing on Wagtail Road into this back land area.

2.2 The whole area is wooded and features a number of trees which are protected by Tree Preservation Orders. The chalk-pit is located close to the western boundary of the site, abutting the rear boundaries of houses in Quail Way and is approximately 20 metres from the actual houses.

2.3 It is proposed to infill the chalk-pit with spoil arising from the housing development. The chalk-pit is currently disused. It attracts fly tipping and local children. It is felt that infilling the pit will remove this potential safety hazard. It is then proposed to incorporate the restored pit into one of the gardens of the new houses.

2.4 There is a history of badger activity on the site, although a survey submitted with the application suggests that the setts are no longer used.

3. Development Plan

3.1 The relevant policies for this application are set out in the attached appendix:

Hampshire County Structure Plan (Review) 1996-2001 (Adopted March 2000) Policy MW2.

Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted December 1998) Policies 6 and 7. Policy 41 concerns the disposal of waste from construction projects.

4. Consultations

4.1 English Nature and the Environment Agency raise no objection to the application.

4.2 East Hampshire District Council's Environmental Health Officer makes no objections but suggests conditions to cover issues such as contamination, dust, burning, operating hours and lighting.

4.3 The local Member, Councillor Mrs Byrom, has been notified.

5. District Council's Views

5.1 East Hampshire District Council objects to the application because of its potential impact on the health of protected trees and on the amenity of the area. There is also concern about the wildlife of the area and the impact of filling the pit on drainage in the area.

6. Representations

6.1 Letters of objection have been received from three adjoining local residents. The issues raised are as follows:

(i) there are already issues of site security with children and others accessing the site and trespassing in residents' gardens;

(ii) the site has deer, various birds and possibly badgers;

(iii) surface water currently drains through the pit, filling the pit might cause flooding; and

(iv) concerns about fly tipping and traffic movements.

7. County Planning Officer's Comments

7.1 This type of operation complies with adopted planning policies which support the principle of local spoil disposal points for construction projects. There are some concerns about the impact of the infilling on the trees. Local residents have also expressed concern about contaminated materials being tipped.

7.2 The impact of the proposal on the protected trees could be minimised by ensuring all works within the crown spread are undertaken by hand. The other trees can be protected by fencing the access route between Wagtail Road and the chalk-pit and not allowing any stockpiling except within the chalk-pit.

7.3 The District Council and local residents have raised concern about the presence of badgers on the site and of setts within the chalk-pit. Although badgers have been present on the site in the past English Nature recently gave consent for the setts to be destroyed and this has now taken place. English Nature is the authority responsible for protected species and has raised no objection to the proposal.

7.4 The material tipped can be restricted by planning conditions to that arising from the nearby housing development and the operation will be monitored. If the housing development does not proceed, neither will the tipping. The disposal of spoil into the pit will avoid the need for it to be disposed of elsewhere, thus reducing lorry movements through Horndean. It will also infill a potentially dangerous pit and bring it into useful after-use.

7.5 The issues of trespass and site security are not planning issues. The Environment Agency has not raised any concerns about drainage.

Recommendation

That the proposed infilling of a disused chalk-pit on land to the rear of 85 Catherington Lane, Horndean, Hampshire (Application No. F25122/11) be approved, subject to the following conditions:

Time Limits

(1) The development hereby permitted shall commence within five years of the date of this permission and written notification of the date of commencement of infilling shall be sent to the Waste Planning Authority within seven days of such commencement.

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

(2) This permission shall be limited to a period of 12 months from the notified date of commencement of the development, at the end of which time the tipping shall have ceased, all machinery, plant, buildings and structures, concrete structures, liners and haul roads shall have been removed and the site restored in accordance with the scheme approved under Condition (8) below.

Reason: To protect the amenities of local residents.

Types of Waste

(3) No waste shall be deposited at or imported into the site except inert clean subsoils arising from the implementation of any planning permission for the construction of housing off Wagtail Road.

Reason: To prevent water pollution.

Tree Protection and Dust Control

(4) No development shall take place until method statements for the following have been submitted to and approved by the Waste Planning Authority:

(i) working within the crown spreads of trees covered by Tree Preservation Orders during the excavation, clearance and infilling of the pit. Any excavation work within the existing crown spread of the trees shall be carried out by hand and under the supervision of a representative of the Waste Planning Authority. In addition, there shall be no stockpiling of materials beyond the chalk-pit shown in red on plan no. 2001/64/8/chalk-pit. Such a scheme shall be implemented and complied with at all times;

(ii) identifying the means of access from Wagtail Road and access route to the chalk-pit. This access route shall be fenced to minimise the disturbance to trees and vegetation. Details of the means of access and fencing shall be submitted to the Waste Planning Authority for approval in writing. Such a scheme shall be implemented and complied with at all times; and

(iii) the suppression of dust caused by the movement of soil and other materials within the site. Such a scheme shall be implemented and complied with at all times.

Reason: To protect (i) and (ii) the trees and amenity of the surrounding area and (iii) the amenities of the locality from the effects of dust and mud arising from the development.

Amenity

(5) No materials shall be burnt on the site.

Reason: To protect the amenities of local residents.

(6) There shall be no external lighting used unless otherwise agreed in writing by the Waste Planning Authority.

Reason: To protect the amenities of local residents.

Hours of Working

(7) No vehicle shall enter or leave the site and no working or deliveries shall take place except between the hours of 0730 and 1730 Monday to Friday, and 0800 and 1300 Saturday. No operations shall take place on Sunday or public holidays.

Reason: To protect the amenities of local residents.

Restoration

(8) Within three months of development commencing a restoration scheme, including details of topsoil depths, proposed seed mix and after-use, shall be submitted for approval in writing by the Waste Planning Authority.

Reason: To ensure the site is restored to an acceptable standard.

After-care

(9) Within six months of development commencing an after-care scheme for a period of five years following the completion of works shall be submitted for approval in writing by the Waste Planning Authority. This scheme shall include details to bring the site back into a condition suitable for its proposed after-use.

Reason: To ensure the restored land is correctly husbanded.

6906/TD

APPENDIX

HAMPSHIRE COUNTY STRUCTURE PLAN (REVIEW) 1996-2001 (ADOPTED MARCH 2000)

Policy MW2

Permission will be granted for minerals and waste development provided the mineral/waste planning authority is satisfied that:

(i) any adverse environmental or other impacts that the development would be likely to cause are outweighed by a clearly established need for the development; and

(ii) the proposals, where applicable, include a satisfactory scheme of working and landscaping including details of lorry routeing and, in all cases, include satisfactory measures to ensure that the development would not have any unacceptable environmental, traffic or other impact; and

(iii) the proposals, where applicable, provide for the satisfactory and prompt restoration and after-care of the site to a high standard and to a landform compatible with the local landscape and suitable for an agreed beneficial after-use.

HAMPSHIRE PORTSMOUTH AND SOUTHAMPTON MINERALS AND WASTE LOCAL PLAN (ADOPTED 17 DECEMBER 1998)

Policy 6

Permission will be granted for minerals and waste development provided the Mineral/Waste Planning Authority is satisfied that:

(i) there is a clearly established need for the development (as assessed in relation to the other relevant policies of the Plan) which outweighs any adverse environmental or other impact that the development would be likely to cause; and

(ii) the development would not be likely to give rise to an unacceptable level of adverse environmental, traffic or other impact, pollution risk or danger to public health, particularly in respect of any of the factors specified in Policy 7 and measures would be taken to ensure that any such impacts would, as far as is practicable, be minimised; and

(iii) the proposals provide for the satisfactory working or operation and landscaping of the site and for its satisfactory restoration and landscaping at the cessation of the operations or use or at the end of the life of the facility to a condition suitable for an agreed beneficial after-use which is compatible with adjoining land uses and the planning policies for the area.

Notwithstanding any need there may be for waste disposal, permission will not normally be granted for mineral extraction with restoration by infilling with waste materials unless there is a need for the mineral to be extracted.

Policy 7

The Mineral and Waste Planning Authorities will grant planning permission for minerals and waste development provided they are satisfied that, where appropriate, the proposed development pays due regard to:

(i) the relationship of the proposal site to other properties and land uses (particularly residential and other environmentally sensitive properties) and the likely effects of the proposed development on the locality by reason of noise, dust, smoke, fumes, illumination or any other factor and the need for buffer zones between the development and residential and other properties;

(ii) the likely volume and nature of traffic that would be generated by the proposed development and the suitability of the proposed access to the site and of the road network that would be affected, in terms of highway capacity and safety and environmental impact, and whether any highway improvements required could be carried out satisfactorily without causing unacceptable environmental impact;

(iii) the likely visual impact of the proposed development and the need for additional planting and screening, including planting in advance of the commencement of the development;

(iv) the need to safeguard the character and amenities of individual settlements and to safeguard open gaps between settlements from permanent development which would cause long-term harm to the function of the land;

(v) the likely effects of the proposed development on and the need to protect and safeguard sites of nature conservation, geological, archaeological, historic, architectural and landscape importance and their settings;

(vi) the extent and quality of agricultural land to be taken by the proposed development and the proposals for its subsequent restoration and the likely effects of the proposals on farm structure and management;

(vii) the likely effects of the proposed development on and the need to maintain the distinctive character of the landscape; the likely effects of the proposed development on and the need to safeguard and protect individual species, habitats and landscape features, including woodland, trees and hedgerows; and the likely effects of the proposed development on forestry and woodland management;

(viii) the likely effects of the proposed development on sites used for recreation and public rights of way and the need to protect or secure the satisfactory diversion of public rights of way;

(ix) the likely effects of the proposed development on and the need to safeguard the flow and quality of watercourses, water supplies, floodplains, groundwater, the drainage of the site and adjoining land and the level of the water table in the locality and the likely effects of the proposed development on the immediate setting of any river;

(x) any potential danger to aircraft from birds being attracted to the site;

(xi) the possible amenity implications of any landfill gas that might be generated at the site and of any provisions that might need to be made to deal with it; and

(xii) the likely cumulative impact of the proposed development in combination with any other significant development taking place or permitted to take place in the locality and the need to minimise the impact of mineral extraction and waste disposal operations by securing, where appropriate, the phased release of sites and progression of working and restoration.

Policy 41

The Waste Planning Authorities will not permit the disposal of waste material from specific major construction projects by landfilling or landraising, unless they are satisfied that:

(i) the waste material cannot reasonably and practicably be re-used or recycled and that there is a clearly identified need for the disposal of the waste which cannot reasonably and satisfactorily be met by existing waste disposal facilities and which outweighs any adverse environmental impact or other detrimental effect that the development would be likely to cause; and

(ii) the site is only to be used for the disposal of waste arising from the specific construction project with which it is associated; and

(iii) either the site is within the 'area of disturbance' created by the construction project or it can be demonstrated to the satisfaction of the Waste Planning Authority that disposal of the waste at the site would result in less environmental disturbance and traffic impact than the use of existing waste disposal facilities; and

(iv) the routeing of lorries between the waste disposal site and the construction project minimises the use of public highways and undue interference with footpaths and bridleways; and

(v) the site is located so as to avoid unacceptable environmental impact, including noise intrusion and impact on landscape, nature conservation and archaeological interests; and

(vi) the development provides for a phased programme of waste disposal and restoration such that the site is restored to a satisfactory landform suitable for an agreed beneficial after-use prior to the completion of the construction project.