Contact: Peter Chadwick, ext 6728

1. Summary

1.1 Planning permission is sought for tipping at Woodleigh Farm, Funtley Road, Funtley to reinstate the land to agriculture. The planning application is retrospective as the tipping was carried out and the site grass seeded last year. In view of the environmental disturbance involved in removing the material it is recommended that planning permission be granted, subject to after-care conditions.

2. Site and Proposals

2.1 The site, illustrated on the attached plan, totals an area of 1.7 hectares at Woodleigh Farm, to the west of Funtley village between Funtley Road and the M27. The nearest houses are the housing estate opposite the site entrance. The adjoining woodlands are components of the Great Beamond Copse Site of Interest for Nature Conservation, and are covered by a Tree Preservation Order.

2.2 Work commenced on site last July, however County Council officers only became aware of the site in September when the work was almost complete. No complaint had been received from local residents and there were no problems reported in relation to mud on the road nor visual impact.

2.3 The landowner was informed that planning permission was required and stated that a planning application would be submitted, but carried on to complete the site. Approximately 15,000 cubic metres of soils have been tipped at the site, the work has been completed and the site grass seeded. A planning application has now been submitted, which is retrospective.

2.4 The applicant commissioned a report from the Arboricultural Advisory and Information Service concerning the impact on trees at Great Beamond Coppice. The report concluded that evidence of damage to trees was limited, there was some water pooling around two trees but this was being addressed by proposed drainage. Remodelling banks was not considered to be beneficial and could cause damage. The recommendation was to implement the drainage proposals and plant further native trees to extend woodland areas. The applicant stated that the recommendations of the report would be implemented.

3. Development Plan

3.1 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted December 1998) Policy 37 concern proposals for waste disposal by landfilling (see attached appendix).

4. Consultations

4.1 Fareham Borough Council raises objection on the basis that the proposal was contrary to Countryside Policies and that the extent of the works were not justified. Concern was also expressed about drainage of the site, its impact upon watercourses and trees, and potential contamination.

4.2 Environment Agency, Colden Common Office raises no objection.

4.3 Fareham Borough Council's Environmental Health Officer - no comments received.

4.4 The County Council (Highways) has no comments as the application is retrospective.

4.5 The local Member, Councillor Bryant, has been informed.

5. Chief Planning Adviser's Comments

5.1 It is regrettable that tipping has been to the extent that the application is now wholly retrospective as the works have been completed. The issue is therefore whether the material should be removed and the land reinstated or whether it is environmentally preferable to retain the current landform.

5.2 The current landform blends into the surroundings, albeit with steep banks on the margins adjacent to the woodland copses, leaving two depressions to accommodate island groups of trees. There is concern that the drainage from the site may have an adverse impact on the woodlands, but drainage proposals to address this issue are included in the application. Provided the recommendations of the arboricultural report are implemented there should not be an unacceptable impact on the adjoining trees.

5.3 The application site would be used for grazing and exercising of horses rather than agriculture. Therefore the application is incorrect in stating restoration to agriculture as it would be for equestrian activities.

5.4 The alternative would be enforcement action to require the removal of the material. This would not only have an environmental impact on the site, it would also generate a large number of lorry movements which would have an adverse impact locally, particularly for residents near the site entrance. On balance, it is considered that the environmental disturbance from requiring the removal of the material would be far greater than allowing the material to remain, particularly as the landform is acceptable and the restoration proposals are satisfactory.

5.5 Therefore, although the justification - making the site acceptable for horse grazing and exercise - is weak and the continued tipping without planning permission cannot be condoned, it is recommended to grant planning permission, subject to conditions concerning drainage and after-care.

Recommendation

That planning permission for reinstatement of former brick pit and brickyard to agriculture using clean imported soil at Woodleigh Farm, Funtley Road, Funtley (Application No. P/03/0253/MW) be granted, subject to the following conditions:

(1) No further material shall be tipped at the site.

Reason: In the interests of local amenity.

(2) The French drain and new ditches, shown on drawing no. WRR/WLF/DRA/01, shall be installed within one month of the date of this consent. These drains and ditches shall be maintained as part of the after-care required by condition.

Reason: To ensure satisfactory drainage from the site and protect adjoining land.

(3) An after-care scheme, requiring that such steps as may be necessary to bring the land to the required standard for use for grazing shall be submitted for the approval of the Waste Planning Authority not later than two months from the date of this permission and thereafter be implemented as approved for a period of five years.

Reason: To ensure satisfactory restoration of the site.

(4) A scheme for additional tree planting shall be submitted within three months of the date of this consent. Trees 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 following planting season with others of a similar size and species, unless otherwise agreed in writing by the Waste Planning Authority.

Reason: In the interests of local amenity.

7927/PDC

APPENDIX

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

Policy 37

The Waste Planning Authorities will grant planning permission for waste disposal by landfilling provided they are satisfied that:

(i) the waste to be disposed of cannot practicably and reasonably be reduced, re-used, recycled or processed at a resource recovery plant and there is a proven need for the disposal of the waste by landfilling which cannot reasonably be met by other suitable existing or permitted waste disposal facilities within a reasonable distance of the source of the waste by the preferred areas in Policy 38; and

(ii) the proposed landfilling would normally take place within a mineral working site that:

(a) is an active extraction site; or

(b) has been unsatisfactorily restored and landfilling would enable satisfactory restoration to be achieved; or

(c) has been restored below original levels and there would be an environmental benefit from the raising of levels by infilling; and

(iii) the proposed site is located near to and has adequate access to the Hampshire Lorry Route Network (as shown on the proposals map), so that the development would not be likely to cause unacceptable traffic impact (including the environmental impact of traffic) on the local highway network; and

(iv) the proposed site is located and the proposal includes adequate measures to ensure that no unacceptable impact would be likely to be caused to the occupants or users of houses, other residential buildings, schools, hospitals and other environmentally sensitive buildings and land uses by reason of noise, dust, fumes, smell or other cause; and

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

(vi) the proposed site is located and the proposal includes adequate measures to ensure that there would be no significant risk of pollution or danger to public health or safety.