Contact: Julia Davey, ext 6732

1. Summary

1.1 This report considers an application for retention of the haul road, siting of leachate tanks and revision of restoration timescales at Manor Farm, North Baddesley. The recommendation is to grant permission, subject to conditions.

2. The Site and Proposal

2.1 The site, illustrated on the attached plan, extends across 3.10 hectares of land and is accessed from Flexford Road (east). Planning permission for infilling and restoration of land at Manor Farm, North Baddesley was granted on appeal in January 1990 (TVS5865). The site ceased all waste operations on 30 June 2002. In 2001 planning permission was granted for an extension of time for restoration until 31 October 2002 or such longer period as the County Council may approve in writing (TVS05865/3).

2.2 This application seeks to retain the existing haul road; regularise the siting of a leachate tank on site; and revise the timescales for restoration of the site at Manor Farm, North Baddesley.

2.3 The applicant seeks an extension of time for the restoration until 1 August 2003. The restoration soils are currently stockpiled on site.

2.4 The existing leachate tank needs to remain on the site for at least the next three years. The haul road is needed only up to the leachate tank to service it. The applicant proposes to narrow the haul road if permission is granted for this application, until such time it is permanently removed.

3. Development Plan

3.1 Hampshire County Structure Plan 1996-2011 (Review) (adopted March 2000) Policies MW1 and MW2 apply (see attached appendix).

3.2 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted December 1998) Policies 6, 7, 8 and 53 apply (see attached appendix).

4. Consultations

4.1 Test Valley Borough Council raises no objection to the application, subject to the leachate tank being relocated underground; the signage and bollards at the entrance to the site being removed; the removal of the washdown facility once the site is level and has been seeded; and subject to conditions.

4.2 North Baddesley Parish Council states that any permission should be subject to the leachate tank and associated works being sited underground due to the fact that it is unsightly and there is a risk of smell.

4.3 The Environment Agency has no concerns regarding the proposed timescales for restoration of the site but points out that the retention of the haul road is needed to enable access to and maintenance of the leachate tank.

4.4 Test Valley Borough Council's Environmental Health Officer has concern about the noise disturbance caused by possible long working hours of the restoration works and recommends a condition for hours of working to prevent working on Sunday and public holidays.

4.5 The Department for Environment, Food and Rural Affairs (DEFRA) raises no objection in principle but highlights the need for soil movement to be undertaken under suitable conditions, which should not just be weather conditions but the state of the soil itself.

4.6 The Open Space Society/Ramblers has not responded to the consultation.

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

5. Representations

5.1 The local Member, Councillor Dowden, raises no objections to the application subject to conditions siting the leachate tank below ground and the removal of signs/bollards at the site entrance once use of the haul road ceases.

5.2 Two letters of representation have been received from local residents living nearby who state that the works should be completed as quickly as possible; the tank should be well screened and/or sited below ground level to minimise visual impact on the locality; the leachate tank should be removed within a fixed period; the haul road removed or put back to an unmade-up agricultural access in keeping with the local countryside; and the bollards and signs removed from the site entrance once restoration is complete.

6. Chief Planning Adviser's Comments

6.1 It is clear from site inspections that a further few months are needed to complete restoration of the site.

6.2 The leachate tank and the haul road need to remain on site for at least another three years, However, whilst the applicant is proposing to narrow the haul road and soften its appearance, it is not proposed to lower the road or the leachate tank site.

6.3 It is considered that objections and concerns raised by the local Member, the Parish Council, objectors and the Borough Council regarding the visual impact of the development are valid reasons for requiring the road and tank site to be lowered. This can be dealt with by way of planning conditions on any consent granted.

6.4 In support of this, the County Council's landscape adviser states that the haul route has been raised above ground level by approximately one metre and should be lowered by at least this amount to return it to ground level. It should also be narrowed. Furthermore, there is a vehicle washdown area associated with the vehicles serving the restoration works that also needs to be removed on completion of the restoration. This can be dealt with by way of a planning condition on any consent granted.

6.5 It is recommended that permission be granted for an extension of time to the restoration of the landfill site until 31 August 2003 as requested; that the leachate tank and haul road be conditioned for retention for a further three years, subject to visual mitigation measures such as lowering of plant (if appropriate) and road levels, and the submission of a landscaping scheme.

Recommendation

That planning permission for retention of the haul road, siting of the leachate tank and revision of restoration timescales at Manor Farm, North Baddesley (Application No. TVS05865/4) be granted, subject to the following conditions:

Time Limits

(1) The use of the land as a leachate store and associated compound and service road shall be discontinued by 31 March 2006 or when not required for leachate purposes, whichever is the sooner, and the plant, washdown area associated service road, hardstandings, site signs and entrance bollards shall be removed and the land immediately reinstated to agriculture in accordance with the restoration scheme required by way of Condition (2) below.

Reason: In order to comply with the Town and Country Planning Act 1990 and secure the visual amenity of the locality as the development is not considered suitable for permanent retention.

Restoration

(2) Within one month of the date of this permission details for the narrowing and lowering of the haul road and leachate tank as appropriate; mitigation to reduce the visual impact of the leachate tank and associated plant/fencing and the haul road; and details for the restoration of the landfill site (including details of soil movement and soil quality) shall be submitted to the Waste Planning Authority for approval in writing and thereafter, within a further period of three months, the development fully implemented in accordance with that approval. The landfill site shall be completed and the washdown facility removed by no later than 1 August 2003 or on completion of the restoration, whichever is the sooner.

Reason: In the interests of the visual amenities of the area.

Hours of Working

(3) No construction work shall be carried out, nor plant, machinery or vehicles operated on the site except between the following hours: 0800-1800 Monday to Friday and 0800-1300 Saturday. There shall be no working on Sunday or public holidays, unless otherwise agreed in writing beforehand by the Waste Planning Authority.

Reason: In the interests of local amenities.

Other

(4) Footpath No. 7 along the southern boundary of the site shall be maintained whilst restoration works are being completed to ensure that the surface of the footpath is not damaged by way of mud, excess water, or by any other means.

Reason: In the interests of local amenities.

7963/JD

APPENDIX

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

Policy MW1

Planning authorities will, through policies and proposals in local plans and day-to day development control:

(i) seek to ensure an adequate supply of minerals and provision of waste management facilities to meet needs having regard to the need to: maintain the environmental quality and diversity of Hampshire, including the protection of living conditions; safeguard important socio-economic interests; prevent pollution; and protect features of particular environmental or historical importance including those listed in Policy MW3, Sites of Importance for Nature Conservation and historic parks and gardens;

(ii) seek environmental enhancement and public benefits through minerals and waste development;

(iii) conserve and prevent unnecessary sterilisation of mineral resources and encourage efficient use of materials;

(iv) encourage the use of secondary and recycled aggregate materials; and

(v) seek the management of waste in accordance with the following hierarchy;

1. reduction of waste;

2. re-use of waste;

3. recovery of waste (recycling, composting, energy from waste); and

4. waste disposal;

having regard to the proximity principle and the principle of best practical environmental option.

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 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 53

The Waste Planning Authorities will permit plant, machinery, buildings and other development ancillary to waste disposal, processing and transfer facilities within the boundary of or adjacent to the facility, provided that:

(i) the development is required solely in connection with the operation, administration or servicing of the waste facility; and

(ii) any plant, machinery, building or other structure is to be designed, constructed and landscaped so as to minimise any adverse impact on the amenities of the area and, in any case, it would not be likely to give rise to any unacceptable environmental or traffic impact or other detrimental effect; and

(iii) the size, type and nature of the development are appropriate to the scale of the waste facility for which it is required; and

(iv) any plant, machinery, building or other structure would be removed as soon as the use of the waste facility has ceased and the site would be restored to a satisfactory condition suitable for an agreed beneficial after-use.