Contact: Neil Chester, ext 6496

1. Summary

1.1 Planning permission is sought for the importation of inert waste materials to achieve land raising for the purposes of agricultural improvement. The area of land is currently waterlogged for long periods of time and the proposal is to raise the level of the land to enable winter grazing of cattle. The proposal is also to infill existing slurry lagoons for health and safety purposes. Whilst there is a health and safety justification for the infilling of the slurry lagoons, there is little agricultural justification for the landraising activity.

1.2 Notwithstanding that this proposal is contrary to Policy 39 of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan, it is recommended that the application be approved as the proposal is to deposit a relatively small amount of waste and local objections can be satisfactorily addressed.

2. Site and Proposal

2.1 The application site, illustrated on the attached plan, is approximately 1.4 hectares in area and is located within a larger landholding of 73.47 hectares. At present the land produces pasture for an Aberdeen Angus suckler herd. The site is located near the village of Oakhanger, between Bordon and Selborne.

2.2 The proposal is to raise the level of the land to achieve an agricultural improvement and thus allowing cattle to be wintered on the land. In addition, the existing slurry lagoons will be infilled to meet health and safety requirements. The proposed works will take place over the summer period 2003, depending on the availability of suitable materials.

2.3 Currently, the field is low-lying and has recently become subject to flooding. The applicant states that the proposal is likely to reduce the current flooding problem and would channel the run-off into a stream rather than onto the road. The waterlogging prevents the applicant from using the site for the wintering of cattle. This area is well located for this purpose as it is close to the farm buildings.

2.4 It is proposed to import 6,800 cubic metres of inert construction and demolition waste, including brick and concrete rubble. This would be covered with a layer of subsoil and then topped with a minimum of 150 millimetres of screened soils. The slurry pits would be covered with a hard surfacing.

2.5 The proposal would generate no more than 20 movements per day, although there could be considerably less. The proposal is to route lorries via Bordon and not to use roads through either Oakhanger or Selborne.

2.6 The applicant does not anticipate any noise or dust problems as the type of vehicle and machinery used will be similar to that associated with farm operations. The applicant has stated that any dusty surfaces would be damped down as necessary. The highway would be also be swept as necessary.

2.7 East Hampshire District Council served an Enforcement Notice on an area of the application site (issued on 6 August 2001) and was later upheld at appeal (after correction and variation). However, the advice is that this application should be determined on its merits.

3. Development Plan

3.1 Hampshire County Structure Plan 1996-2011 (Review) (adopted March 2000) MW7 concerns landraising (see attached appendix).

3.2 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted December 1998) Policy 39 refers to landraising; Policy 42 refers to the environmental impact of development (see attached appendix).

4. Consultations

4.1 Selborne Parish Council objects to the proposal for the following reasons:

(i) it is a departure from the development plan;

(ii) there is no expert advice on water flow;

(iii) unacceptable traffic impact with no means of control;

(iv) there is no mention of avoiding the village of Blackmoor;

(v) there is no report from an agricultural expert; and

(vi) there is no justification for the proposal - before a track was built by the applicant separating the field from the stream at the bottom, it drained naturally and there was no flooding problem.

4.2 The Environment Agency's views are awaited.

4.3 East Hampshire District Council's Environmental Health Officer raises no objections, subject to conditions.

4.4 The County Council (Rights of Way) raises no objections to the proposal.

4.5 The County Council (Highways) raises no objections, subject to satisfactory lorry routeing arrangements.

4.6 East Hampshire District Council objects to the proposal on the following grounds:

(i) there has been no overriding agricultural need justification;

(ii) the District Council is not satisfied that the scheme will alleviate drainage problems; and

(iii) in the absence of a lorry routeing agreement the District Council is not satisfied that the works can be undertaken without adverse traffic impact to residents.

5. Representations

5.1 The local Member, Councillor Sir James Scott, has been informed of the proposal.

5.2 Two local residents have written to the County Council objecting to the proposal. These letters state that the flooding has only occurred since the creation of the track, the road is unsuitable for the lorries proposed, the noise generated would be unacceptable and pollution of the stream may occur. There are also concerns that the fill will not be wholly clean, inert material.

6. Officer's Comments

6.1 The proposal is to import 6,800 cubic metres of construction and demolition waste onto 1.4 hectares of waterlogged land at Chapel Farm, Oakhanger. The proposed activity would take place during the summer months of 2003, although the duration is dependent on the availability of suitable material.

6.2 The proposed development is contrary to Policy 39 of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (particularly paragraph 6.63) which outlines criteria to be met for this type of landraising operation to be acceptable. One such criterion is that the operation must be genuinely required for the purposes of agricultural land improvement. The Land Agent for the County Council has expressed the view that this development does not form a significant agricultural improvement although some benefit is possible. It is also noted that there is a surplus of grazing land in the area and this trend is likely to continue. Therefore, the justification for the proposed activity is questionable.

6.3 Lorry routing arrangements can be entered into to ensure that the traffic movements to and from the Farm avoid key areas of concern. The applicant has indicated a willingness to agree to this. Hampshire County Council (Highways) is not concerned by the numbers of lorries using the road and entering the site.

6.4 Although the site itself is not of ecological significance, there are concerns that the hydrology of the stream (Oakhanger Stream) could be adversely affected by the development. The stream is also edged by trees and any hydrological impacts could adversely affect this strip of woodland.

6.5 The need to fill the slurry pits is not in question. There appears to be an undisputed health and safety reason to restore the area and this element of the proposal is not considered landraising.

6.6 The District Council is concerned that the drainage problems will not be alleviated by the proposal. At present the surface run-off reaches the highway and, therefore, it is important to address this issue. The applicant has indicated a willingness to submit a drainage scheme before commencing the proposed development.

6.7 In relation to the Enforcement Notice served by East Hampshire District Council, a planning permission would secure the same requirement for restoration as sought by the enforcement action.

6.8 On balance, it is considered that as the proposal is for a relatively small amount of waste material, will be short-lived and cause minimal disruption to local residents, the application should be approved, subject to appropriate lorry routing arrangements and conditions.

Recommendation

That planning permission for the importation of inert material required in relation to agricultural improvements at Chapel Farm, Roman Road, Oakhanger, Bordon (Application No. F21878/008/CMA) be granted, subject to lorry routing arrangements and the following conditions:

(1) The development hereby permitted shall commence within five years from the date of this permission.

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

(2) No development shall be carried out other than in accordance with the approved plan no. 148CF02, unless otherwise approved in writing by the Waste Planning Authority.

Reason: For the avoidance of doubt and to maintain planning control over the site.

(3) No vehicle shall enter or leave the site and no working shall take place except between the hours of 0730 and 1800 Monday to Friday, and 0800 to 1300 Saturday. There shall be no working on Sunday, Bank holidays and public holidays.

Reason: To protect the amenities of local residents.

(4) No waste other than those waste materials defined in the application shall enter the site.

Reason: Waste materials outside these categories raise environmental and amenity issues which would require consideration afresh.

(5) No vehicle shall enter the public highway unless its wheels and chassis are clean.

Reason: In the interests of highway safety and to prevent mud and dust getting on to the highway.

(6) A detailed scheme for the drainage and disposal of surface water shall be submitted to and approved by the Waste Planning Authority and subsequently implemented prior to the deposit of waste on site.

Reason: To ensure adequate drainage of the site.

(7) No development shall take place until a detailed scheme for the landscaping and restoration of the site has been submitted to and approved in writing by the Waste Planning Authority.

Reason: The provision and maintenance of a satisfactory degree of landscaping is considered essential in the interest of visual amenity.

(8) The site shall be restored to agriculture in accordance with the approved scheme.

Reason: To secure the satisfactory restoration of the site.

(9) Steps shall be taken to ensure that local residents are not adversely affected by dust.

Reason: In the interests of local amenity.

7603/NC

APPENDIX

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

Policy MW7

Waste disposal by landfilling will only be permitted within mineral working sites that are active or unrestored or have been unsatisfactorily restored or where there would be an environmental benefit from the raising of levels. Land-raising will normally be permitted only in exceptional circumstances where the need for landfill capacity cannot be met by the infilling of mineral workings and there is no other reasonably practicable means of disposal available and provided that the development would not have unacceptable environmental, traffic or other impact.

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

Policy 39

The Waste Planning Authorities will normally only grant planning permission for the disposal of waste by landraising in exceptional circumstances where the need for landfill capacity cannot be met by the infilling of mineral workings and there is no other reasonably practicable means of disposal available.

Policy 42

The Waste Planning Authorities will not permit the disposal of waste by landfilling or land raising where they consider there is a significant risk that the type(s) of waste proposed to be deposited would:

(i) cause pollution of surface drainage or groundwater; or

(ii) give rise to the production of landfill gas such that it would cause an environmental problem in the locality; or

(iii) give rise to any other unacceptable environmental or other effect in the locality.