Contact: Julia Davey, ext 6732

1. Summary

1.1 This report considers an application to relocate the Ivy Lake Water Ski Club from Ivy Lake to Ellingham Lake, Blashford. The recommendation is to grant permission, subject to a Section 106 Agreement ensuring the satisfactory restoration of the Ivy Lake site and management of public access, and conditions.

2. Site

2.1 The site, illustrated on the attached plan, extends across 13.26 hectares of land at Ellingham Lake near Blashford. The site is bordered by Ellingham Drove to the north; the A338 Salisbury-Ringwood Road to the west; and the Dockens Water Site of Special Scientific Interest (SSSI), the water pumping station and Blashford Lakes Study Centre to the east. The site lies within the proposed New Forest National Park. The County Council is determining the application because the site forms part of the Mineral Review boundary of Ringwood and Ellingham Pits (ROMP).

2.2 Ellingham Lake is subject to restoration, management and after-care conditions under the review application. Part of the site and most of the lake area lies within the Avon Valley (Bickton to Christchurch) SSSI/SPA and Ramsar site, and adjoins the Dockens Water (part of the River Avon System SSSI and River Avon cSAC).

2.3 In April 1995 New Forest District Council granted temporary permission (Application No. 56339) for the continued use of Ivy Lake for water skiing until 31 May 2000. This temporary consent had a requirement for removal of the caravan portacabins and other `temporary' structures by way of condition, once the use of the land for water skiing had ceased. There was however no requirement for restoration of the land by way of this permission. The applicant sought to renew this consent by way of a further application to New Forest District Council, which has never been determined. This is because the applicant needed to relocate the club to Ivy Lake by way of this current application to the County Council.

2.4 The Blashford Lakes Strategy and Management Plan (1992) is currently under review (by the Partnership Forum - the Blashford Lakes Steering Group, chaired by Hampshire County Council) and the final draft proposes that the site be used for recreation (ie water skiing) and nature conservation.

3. Proposal

3.1 Planning permission is sought to relocate the existing Water Ski Club at Ivy Lake to Ellingham Lake.

3.2 It is proposed that a small part of the lake shore would be cleared and levelled to provide access. A slipway would be built where an existing gravel working access ramp runs down into the water and a jetty to allow refuelling of boats. The marker buoys would be laid out along the lake's long axis and skiing would take place along established runs. The lake inlet on the edge of the development area (and the wetland vegetation on its banks) would be left undisturbed.

3.3 Small areas would be cleared along the lake's eastern and western shores to provide observation points for judging the skiing during major competitions. The access to these would be along the existing track and pathway.

3.4 The infrastructure for the water skiing proposals would comprise several portable buildings (including toilets), a car park, slip-way, moorings for tow-boats and buoys marking the ski-runs.

3.5 All other land-based activities, including car parking and buildings supporting the proposal, would be installed at the north-east corner of the site largely outside the land covered by nature conservation designations.

3.6 Sewage and grey water would be contained within a cesspit. Propane gas would be stored as fuel for the boats.

3.7 Water skiing would mainly take place in the summer months but the season commences at the beginning of May.

3.8 An ecological assessment of the impact of the proposal forms part of the application.

4. Development Plan

4.1 Hampshire County Structure Plan 1996-2011 (Review) (adopted March 2000) Policies R3, NF1, C2, E1, E6, E10, E12, E13 (MW3) apply (see attached appendix).

4.2 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted December 1998) (in context of unrestored mineral site related development only) Policies 6, 7, 8 and 10 apply (see attached appendix).

4.3 New Forest District Local Plan Policies NF-R1, NF-R2; NF-R3 apply.

5. Consultations

5.1 New Forest District Council has no objection subject to satisfactory consultation with English Nature.

5.2 Ellingham, Harbridge and Ibsley Parish Council supports the principle of the application on the grounds that Ellingham Lake is designated for noisy sports being in close proximity to the road. It is deep and has little use for wild life. The Parish Council states that if the application is approved it should be subject to the following condition:

the old tarmac footpath from Snails Lane to Ellingham Drove should be made reusable, at least as a temporary measure, if the permissive path which runs between and alongside the A338 and Ellingham Lake is discontinued by the Water Ski Club for security reasons.

5.3 The Environment Agency states that due to resource problems and other priorities it is not going to respond to this application.

5.4 New Forest District Council's Environmental Health Officer has not responded to the application.

5.5 English Nature:

(i) states the application site lies largely within the Avon Valley (Bickton to Christchurch) SSSI/SPA and Ramsar Site, and adjoins the Dockens Water (part of the River Avon System SSSI and River Avon cSAC). Any potential impacts on the interests of these sites need to be considered in the context of the Conservation (Natural Habitats and C) Regulations 1994 and The Wildlife and Countryside Act 1981 (as amended). Under Section 28 C of the Act, Hampshire County Council must take reasonable steps, consistent with its functions, to conceive and enhance the interests of the SSSIs. English Nature considers that the application as submitted is likely to have a significant effect on the SPA, owing to the proposed twice daily use of Ellingham Lake during the winter;

(ii) considers that potential negative impacts of the proposed development could be offset by modifications to the proposal, appropriate mitigation measures and enhancement to Ellingham Lake and the Ivy Lake site to be vacated by the club, such that the overall effect on the Avon Valley SPA/Ramsar/SSSI would not be significantly detrimental. In formulating its advice English Nature is mindful of the current unfavourable condition of Ellingham Lake (and hence need for enhancement) and that there could be net benefits to the wildlife value of the area through the relocation of the club from Ivy Lake to Ellingham Lake. The potential benefits of the relocation are reduced to some extent by the proposed use of Ellingham Lake for skiing during the sensitive winter period (not currently practised at Ivy Lake);

(iii) concludes that it raises no objection to the relocation of the club to Ellingham Lake from Ivy Lake, subject to:

(a) a Section 106 Agreement ensuring that the previous site at Ivy Lake is satisfactorily restored by way of a scheme that enhances the nature conservation value of the site and management of public access;

(b) a condition preventing the use of Ellingham Lake for water skiing from 1 November to 1 March every year; and

(c) conditions requiring landscape and ecological enhancement of Ellingham Lake.

5.6 The Hampshire and Isle of Wight Wildlife Trust states that the application should be considered under the Conservation (Natural Habitats and C) Regulations 1994. The Trust says that the relocation of the water ski club from Ivy Lake to Ellingham Lake will result in positive and negative impacts on different parts of the SPA/Ramsar site. The balance of these effects should be considered. It states that given the relative numbers of birds using Ellingham and Ivy Lakes it supports the principle of the application in the light of existing bird data, subject to there being no water skiing between November and March in order to reduce disturbance during the main over-wintering wildfowl period.

5.7 The Royal Society for the Protection of Birds has not responded to the application.

5.8 The Sports Council raises no objection to the proposal.

5.9 The New Forest Committee has not responded to the application.

5.10 The Council for National Parks has not responded to the application.

5.11 The County Council (Highways) raises no objection to the proposal.

6. Representations

6.1 The local Member, Councillor Mrs Heron, raises no objection in principle to the application subject to appropriate conditions.

6.2 At the time of writing this report no representations have been received to the proposal.

7. Chief Planning Adviser's Comments

7.1 The main issues raised by the proposal are the adverse impacts the water skiing during the winter season would have on winter wildfowl and the SPA, and the need to ensure appropriate mitigation and enhancement to Ellingham Lake and the Ivy Lake site (to be vacated by the club) to conserve and enhance the interests of the SSSIs.

7.2 It is noted that English Nature raises no objection in principle to the application so long as any permission granted is subject to a Section 106 Agreement securing the satisfactory restoration of the existing Ivy Lake club site and management of public access, and subject to conditions preventing water skiing during the ecologically sensitive winter period between 1 November and 1 March, as well as conditions ensuring landscape and ecological enhancements to Ellingham Lake. The applicant has agreed to the restriction on winter skiing.

7.3 It is also acknowledged that the main ecological and landscape enhancement of Ellingham Lake and its environs is to be controlled through planning conditions attached to the Review of Mineral Permission (ROMP) for Ringwood and Ellingham Pits (Hanson Aggregates). The scheme, which is likely to involve the creation of a reed terrace on the western, northern and southern edge of the lake, should not conflict with the proposed water skiing.

7.4 In summary therefore it is recommended that, subject to a Section 106 Agreement to secure the satisfactory restoration of the existing Ivy Lake site and management of public access, planning permission for the relocation of the water ski club to Ellingham Lake be granted, subject to conditions.

Recommendation

That, subject to a Section 106 Agreement ensuring the satisfactory restoration of the Ivy Lake site and management of public access, planning permission for the relocation of the Ivy Lake Water Ski Club from Ivy Lake to Ellingham Lake, Blashford (Application No. 77588) be granted, subject to the following conditions:

Time Limits

(1) The development to which this permission relates shall be begun not later than the expiration of two years beginning with the date of this permission. Written notification of the date of commencement shall be sent to the Mineral Planning Authority 14 days prior to such commencement.

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

Working Programme

(2) Prior to the development commencing details of the programme, timing and phasing of the development shall be submitted to the Mineral Planning Authority for approval in writing.

Reason: To enable the Mineral Planning Authority to adequately control the development and to minimise its impact on the amenities of the local area

Restriction of Permitted Development Rights

(3) Notwithstanding the provisions of parts 19 and 21 of Schedule 2 of the Town and Country Planning General Development Order 1988 (or any Order amending, replacing or re-enacting that Order):

(i) no fixed plant or machinery, buildings, structures and erections, or private ways shall be erected, extended, installed or replaced at the site without the prior agreement in writing of the Mineral Planning Authority; and

(ii) no lights or fences shall be installed or erected at the site unless details of them have been submitted to and agreed in writing by the Mineral Planning Authority prior to implementation.

Reason: To protect the amenities of the area.

Hours of Working

(4) Construction of the development shall only be carried out at the site between the following hours: 0730-1800 Monday to Friday and 0800-1300 Saturday; there shall be no such working on Sunday or public holidays.

Reason: In the interests of local amenities.

(5) No servicing, maintenance and testing of plant shall be carried out at the site between the following hours: 1800-0730 on any day.

Reason: In the interests of local amenities.

(6) The site shall be open for water skiing and club related activities between the following hours and during the following months:

March, April, May, June 0700-1900 Monday to Sunday (including public holidays); and

July and August 0700-2000 Monday to Sunday (including public holidays).

Reason: In the interests of local amenities.

(7) There shall be no water skiing taking place on the lake between the period 1 November to 1 March ( inclusive).

Reason: To ensure the protection of winter wildfowl on the site.

Importation of Material

(8) No refuse or waste materials shall be imported into the site.

Reason: To minimise the risk of pollution to watercourses and designated Sites of Importance for Nature Conservation .

Details and Site Layout

(9) No aspects of the development shall commence, including water skiing and associated club activities, until the proposed site access road, hardstandings and other related infrastructure, including car parking provision, buildings, slipways and jetties, have been constructed in accordance with details and layout plans to be submitted to the Mineral Planning Authority for approval in writing and thereafter implemented in accordance with that approval. No other access shall be used by traffic entering or leaving the site.

Reason: To ensure the development is constructed with due regard to highway safety and the local environment.

(10) The surfacing of the site access and parking areas as approved by way of Condition (9) above shall be maintained in a good state of repair and kept clean and free of mud and other debris at all times.

Reason: In the interests of highway safety and safeguarding the local environment.

(11) No construction traffic shall enter the public highway unless their wheels and chassis have been cleaned to prevent material being deposited on the highway.

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

Environmental Management Scheme

(12) Prior to the commencement of the development an environmental management scheme, including measures to control noise and people and traffic management during competitions, shall be submitted to the Mineral Planning Authority for approval in writing. The scheme shall also include:

(i) the arrangements for surface water drainage, including the provision of any silt traps necessary to avoid the discharge of silt into watercourses leaving the site/SSSI/SPA;

(ii) any arrangements as appropriate for monitoring the water quality of Ellingham Lake, in order to detect changes linked to the water skiing, which may adversely affect the SSSI and neighbouring Dockens Water; and if changes are discovered, mitigation to be agreed with the Mineral Planning Authority within one month of the test results being found to be problematic and mitigation implemented immediately on its approval by the Mineral Planning Authority; and

(iii) the arrangements for defining a buffer zone adjacent to the SSSI Ellingham Lake and for avoiding disturbance to breeding protected species within the SSSI as appropriate.

Reason: To protect the amenities of local residents and the nature conservation interests of the site.

(13) All vehicles, plant and machinery operated within the site, both during construction and during water skiing, shall be maintained in accordance with the manufacturer's specification at all times, and shall be fitted, as appropriate, with and use effective silencers.

Reason: To ensure minimum disturbance from operations and avoidance of nuisance to the local community.

Water Protection and Pollution

(14) Any oil, fuel, lubricant and other potential pollutants shall be handled on the site in such a manner as to prevent pollution of any watercourse or aquifer. For any liquid, other than water, this shall include storage in suitable tanks and containers which shall be housed in an area surrounded by bund walls of sufficient height and construction so as to contain 110% of the total contents of all containers and associated pipework. The floor and walls of the bunded areas shall be impervious to both water and oil. The pipes should vent downwards into the bund.

Reason: To minimise the risk of pollution of watercourses and aquifers.

(15) No digging, tipping or temporary storage of materials during construction or thereafter shall take place within 10 metres of any watercourse. Under no circumstances shall tipped material enter any watercourse or culvert.

Reason: To minimise the risk of pollution of watercourses and aquifers.

Landscaping

(16) The existing trees, bushes and hedgerows within the site shall be retained and protected during and after implementation of the development, as appropriate, and shall not be felled, lopped, topped or removed without the prior written consent of the Mineral Planning Authority. Any such vegetation removed without consent, dying, being severely damaged or becoming seriously diseased as a result of operations permitted by this permission shall be replaced with trees or bushes of such size and species as may be specified by the Mineral Planning Authority, in the planting season immediately following any such occurrences.

Reason: In the interests of amenity and wildlife conservation. as appropriate.

(17) Before any operations are commenced on the site details of a scheme for ecological and landscape enhancement of the site shall be submitted to and approved by the Mineral Planning Authority in writing. It shall include provision for:

(i) retention of as many existing trees and shrubs as possible, the screening of the development, the visual enhancement of the site;

(ii) a plan identifying all trees and shrubs which are to be removed and those which are to remain;

(iii) the planting of trees, shrubs and plants, and provision of fencing or of earth mounding and seeding to be undertaken in a manner sensitive to the nature conservation designation of the site and its surroundings;

(iv) the species, size, number and location of all trees and shrubs to be planted and measures to be undertaken for their protection from weeds and vermin;

(v) a timetable for implementation;

(vi) any other matters as relevant;

and upon approval such scheme shall be implemented.

Reason: To comply with Section 197 of the Town and Country Planning Act 1990, to enhance the visual and ecological value of the site.

(18) Trees, shrubs and hedges planted in accordance with the approved scheme shall be maintained and any plants which within five years of planting die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing with the Mineral Planning Authority.

Reason: In the interests of the amenity of the local area and to ensure the development is adequately screened.

After-care

(19) The site shall be managed for its primary after-uses of water skiing and related activities and nature conservation in accordance with a scheme to be submitted for approval by the Mineral Planning Authority in writing within six months of the date of this certificate, and thereafter implemented in accordance with this scheme. The scheme shall include a timetable for implementation and after-care.

Reason: In the interests of the amenity of local residents and enhancement of designated Sites of Importance for Nature Conservation.

(20) In the event of a permanent cessation of the use hereby permitted a scheme of restoration and after-care for nature conservation and amenity, to include details of removal of plant, buildings, fences, hardstandings, slipways, jetties and pontoons, shall be submitted in writing for approval to the Mineral Planning Authority within three months of the cessation of use of the land for water skiing and associated club activities. The approved scheme shall be fully implemented within six months of the written approval unless otherwise agreed in writing with the Mineral Planning Authority.

Reason: To enable the Mineral Planning Authority to adequately control the development and to ensure that the land is restored to a condition capable of beneficial after-use.

(21) Prior to the commencement of the development a scheme of public access, including limits and identifying areas of public access and viewing during competitions, and any temporary fencing or seating or platforms that may be necessary, shall be submitted to the Mineral Planning Authority for approval in writing and thereafter implemented in accordance with that approval. The Mineral Planning Authority shall be given seven days prior notice of any competitons that are likely to generate a significant increase in visitors to the site.

Reason: In the interests of local amenities and the landscape and ecological interests of the area.

7962/JD

APPENDIX

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

Policy R3

In the countryside, permission for tourist, recreational and sporting development will be granted if:

(i) it assists the local economy; or

(ii) it relieves recreational pressure on the New Forest; or

(iii) it meets local recreational or community needs; or

(iv) it involves the re-use or adaptation of existing buildings;

and provided that:

(a) the proposed development is compatible with the character of the countryside;

(b) any proposed new building and structures are ancillary to an outdoor recreational or sporting use, small in scale and unobtrusive so as to maintain the open character of the countryside;

(c) the proposed development is consistent with the transport and environment policies of this Plan; and

(d) the proposal does not rely on any associated development contrary to the policies of this Plan (such as, for example, housing or business uses) to secure its economic viability.

Policy NF1

To protect the special character of the New Forest, development, even in accordance with other policies of this Plan, will only be permitted where individually or cumulatively with other existing or proposed development, it will not harm the flora, fauna, geological, archaeological or landscape character of the New Forest and will:

(i) help maintain the traditional commoning regime of grazing and management which contributes to the landscape and ecological character of the New Forest; and/or

(ii) help maintain the social and economic well-being of communities in the New Forest Heritage Area; and/or

(iii) promote the enjoyment and understanding of the Area by the public.

Once the boundary of the New Forest Heritage Area has been defined in local plans, it should be regarded as permanent unless there are exceptionally strong reasons for altering it. Any alterations to the boundary should only be undertaken through the local plan process.

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 E1

Development will not be permitted where it is likely to lead to the deterioration of the quality of groundwater or surface water.

Policy E6

To ensure that development maintains and enhances areas of distinctive landscape character, local planning policies will pay particular regard to:

(a) the need to respect scenic quality, send of remoteness and historic landscapes;

(b) the sense of place, including the local character of buildings and settlements; and

(c) the setting of settlements;

in the whole countryside.

Policy E10

Development which is likely to harm the nature conservation interest of Special Protection Areas, Special Areas of Conservation, Ramsar Sites, Sites of Special Scientific Interest, or National Nature Reserves will not be permitted, unless the need for development is shown to outweigh the adverse impact, taking into account the protection given to the designation concerned in legislation or government guidance.

Policy E12

Development in accordance with other policies in this plan which would have an adverse effect on habitats and features of nature conservation interest other than those included under Policies E10 and E11 will be permitted provided that the local planning authorities are satisfied that sufficient provision is made to offset the effects, including replacement or substitution of the habitats or features lost and conservation of ecological networks.

Policy E13

When granting permission for development, local planning authorities will consider the opportunity to create or improve habitats and features of nature conservation interest.

Policy MW3

Permission will not be granted for minerals and waste development which is likely to cause material harm to any of the following designated areas and sites:

The New Forest;

Areas of Outstanding Natural Beauty;

Special Areas of Conservation;

Special Protection Areas;

Wetlands of International Importance (Ramsar Sites);

Sites of Special Scientific Interest;

National Nature Reserves;

nationally important archaeological sites and monuments, whether scheduled or not, and their settings;

Conservation Areas;

Listed Buildings; and

Parks and Gardens of Special Historic Interest on English Heritage's National Register;

except where the mineral/waste planning authority considers that there is an overriding need for the development to take place in the public interest which outweighs the harm that would be caused, having regard to the level of protection given to the designation concerned in legislation or government guidance.

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 8

Applications for planning permission for minerals or waste development in the following areas will not be granted save when the development would not prejudice the purpose of the designation and where there is an overriding need for the development to take place in the public interest:

(i) the New Forest Heritage Area;

(ii) Areas of Outstanding Natural Beauty;

(iii) National Nature Reserves, Sites of Special Scientific Interest, Special Protection Areas, Special Areas of Conservation and Wetlands of International Importance (Ramsar Sites);

(iv) Scheduled Ancient Monuments and their settings;

(v) Conservation Areas, Listed Buildings, and sites on the National Register of Parks and Gardens of Special Historic Interest.

Policy 10

The Mineral and Waste Planning Authorities will impose conditions on planning permissions for minerals and waste development to minimise any adverse environmental, traffic or other impact resulting from the development and to ensure appropriate restoration and after-care of the site. Where such impacts cannot adequately be controlled by conditions, the Mineral and Waste Planning Authorities will seek appropriate planning obligations and/or legal agreements in order to control operations and/or to secure the enhancement of the environment or benefit to the local community.