Archived decisions

Contact: Neil Chester, ext 6496

1. Summary

1.1 Planning permission is sought (retrospectively) to import inert waste material and topsoil for the purposes of improving an access track and pasture land at Oakhanger Farm, Oakhanger, Bordon. The improvements to the access track are justified in agricultural terms, although the justification for raising the pasture land is questionable. The application site is within a Site of Importance to Nature Conservation (SINC) and adjacent to another SINC. The proposal has had an adverse impact on nature conservation in the area. However, the removal of the waste material would have a greater impact than leaving the material in situ.

1.2 Notwithstanding the impact on the environment, it is recommended that permission be granted, subject to conditions, to avoid further damage to a sensitive area.

2. Site and Proposal

2.1 The application site, illustrated on the attached plan, is approximately 0.19 hectares and is located within a 100 hectare farm. The farm is mostly arable and pasture which is used for grazing cattle. The site is located off Oakhanger Road, near the Bordon Trading Estate.

2.2 The application site forms part of an area of improved wet grassland, which originally drained the run-off from a nearby sewage works. The adjoining land was landfilled with inert material by the Ministry of Defence and is now higher than the application site. The current proposal comprises approximately 5% of the total area of landfill on the farm. Approximately 90% of the site lies within the Oak Meadow SINC, which has been designated for being agriculturally unimproved grassland. In addition, this wet grassland is a Hampshire Priority Habitat within the Biodiversity Action Plan. There is also a woodland SINC (Bordon Mineral Site) adjacent to the Oak Meadow site.

2.3 The proposal is largely retrospective and is to import inert building waste, including broken bricks, concrete, tiles and slate. The intention is to improve the quality of grazing on the land and the existing track to the adjoining pasture land. To date, waste has been used to create a track and raise the level of the land surrounding this access. Remaining works include the levelling of the site and the spreading of a 300 millimetre layer of good quality top soil. This will be sown with a mixed grass seed.

3. Development Plan

3.1 Hampshire County Structure Plan 1996-2011 (Review) (adopted March 2000) Policies C1 and C2 concern development in the countryside; Policy MW7 concerns landraising (see attached appendix).

3.2 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted December 1998) Policies 6 and 7 concern the environmental impact of development; Policy 39 concerns landraising (see attached appendix).

4. Consultations

4.1 East Hampshire District Council objects to the proposal due to its undesirable impact on the countryside and nature conservation. Additionally, the proposal is not justified in terms of agricultural need.

4.2 Whitehill Parish Council raises no objections to the proposal.

4.3 Selborne Parish Council raises no objections to the proposal.

4.4 The Environment Agency raises no objections to the proposal, subject to an appropriate restoration scheme.

4.5 East Hampshire District Council's Environmental Health Officer raises no objections to the proposal.

4.6 The County Council (Highways) raises no objections to the proposal.

5. Representation

5.1 The local Member, Councillor Filer, has been informed of the proposal.

6. Officer's Comments

6.1 The proposal is to import inert building waste to create an access track and improved grazing at Oakhanger Farm, Oakhanger Road, Bordon. The application is largely retrospective as the waste material has already been deposited on site. The remaining work to be completed comprises the restoration of the site.

6.2 The need for the development is questioned by East Hampshire District Council. However, the upgrading of the track is reasonably required to enable both cattle and modern machinery to access all areas of the farm. The surrounding tipped area is not required for the purposes of agriculture but does support the access track. Therefore, there is a need for the development to serve the agricultural holding.

6.3 The retrospective element of this application has damaged the Oak Meadow SINC. This habitat is considered a priority within the Hampshire Biodiversity Action Plan. It is unlikely that removal of the material will enable the habitat to recover. It is, therefore, important to ensure that the restoration of the land does not further impact on the remaining areas of the SINC. The applicant has indicated a willingness to restore and manage the land in accordance with an agreed restoration scheme. This can be secured by a condition and will reduce the likelihood of any further impact.

6.4 The development may affect the drainage of the Bordon Mineral SINC. This will adversely impact on the woodland which comprises the SINC and reduce the nature conservation value of the site. The likely impact can be mitigated through the implementation of a suitable drainage scheme and can be secured by a condition. The principle of the restoration and drainage schemes has been agreed with the applicant.

6.5 The proposal is to import topsoil to restore the land. This is unacceptable in ecological terms and the applicant has agreed not to pursue this element of the application. The restoration scheme will not require the importation of further material and, therefore, there should be no adverse traffic implications.

6.6 On balance, it is considered that the impact of removing the waste material would lead to a greater adverse impact on the countryside and nature conservation than leaving the material in situ. Accordingly, it is recommended that permission be granted, subject to conditions.

Recommendation

That planning permission for the deposit of inert material for purposes of improving an access track and pasture land at Oakhanger Farm, Oakhanger, Bordon (Application No. F21876/016/CMA) be granted, subject to 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 further waste material or topsoil shall be deposited at, or imported into, the site.

Reason: To ensure the effective restoration of the site.

(3) A detailed scheme for the drainage and disposal of surface water shall be submitted to the Waste Planning Authority within one month of the date of this permission. On approval by the Waste Planning Authority the scheme shall be implemented within one month of the date of approval.

Reason: To ensure adequate drainage of the site.

(4) A detailed scheme for the restoration of the site shall be submitted to the Waste Planning Authority within one month of the date of this permission. On approval by the Waste Planning Authority the scheme shall be carried out in full within three months of the date of approval (unless with the prior approval of the Waste Planning Authority in writing to a variation).

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

(5) An after-care scheme, requiring such steps as may be necessary to bring each phase of the land reclaimed under Condition (4) to the required standard for use for agriculture, shall be submitted for the approval of the Waste Planning Authority not later than three months from the date of this permission and thereafter be implemented as approved.

Reason: To comply with the requirements of Schedule 5 of the Town and Country Planning Act 1990 and to ensure that the reclaimed land is correctly husbanded and to bring the land to the standard required for agricultural use.

7718/NC

APPENDIX

HAMPSHIRE COUNTY STRUCTURE PLAN 1996-2011 (REVIEW) (ADOPTED MARCH 2000)

Policy C 1

For the purposes of this Plan the countryside is defined as the area outside existing and proposed built-up areas delineated in local plans. These countryside and built-up areas will include any coast, including the tidal parts of rivers, within them.

In delineating these areas in local plans and through day-to-day development control, local planning authorities will:

(i) promote the conservation and enhancement of the countryside; and

(ii) pay particular regard to avoiding or minimising any adverse effect which development would have for those interests of importance acknowledged in the other policies and proposals in this Plan.

Policy C2

Within the delineated countryside permission will normally only be granted for:

(i) development which is essential for agriculture, horticulture or forestry or other development for which a rural location is essential;

(ii) the re-use or adaptation of existing buildings, particularly to assist the diversification of the rural economy;

(iii) development which is approved under the other policies of the Plan.

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 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 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.