Archived decisions

Contact: Peter Chadwick, ext 6728

1. Summary

1.1 The processing plant at Manor Farm, Timsbury has been used to process sand and gravel excavated from Kimbridge Quarry. The County Council has resolved to grant planning permission for an extension of time for mineral working at Kimbridge, subject to a legal agreement concerning highway matters. Consequently, an extension of time is sought for Manor Farm, Timsbury to enable the continued use for processing until 31 December 2008, with final gravel extraction, restoration and landscaping by 2010.

2. Site and Proposal

2.1 The site, illustrated on the attached plan, is adjacent to the River Test, which is a Site of Special Scientific Interest (SSSI). The nearest residential property `Lodge Farm' is at the junction of the haul road with the A3057. Planning permission was granted in 1967 for mineral extraction, including the processing plant. The permission had no time limit. The permission was reviewed in 1997, when a condition was included to provide an end date of 31 December 2003. The application is to extend this period.

2.2 There is no current mineral extraction at Manor Farm, Timsbury; the processing plant is used to process the sand and hoggin produced at Kimbridge Farm Quarry. The mineral is transported from Kimbridge across the Test Valley by conveyor to a stocking yard. The sand and hoggin is then transported to Manor Farm via the A3057. Manor Farm also receives additional deliveries of sand required for blending to extend the range of products.

2.3 The County Council has resolved to grant planning permission for an extension of time for mineral working at Kimbridge Farm Quarry to 31 December 2008, subject to a legal agreement concerning highway matters. It is proposed to continue the arrangements for processing this material at Manor Farm, Timsbury and, therefore, the application seeks to vary conditions to allow the continued use of Manor Farm, Timsbury for processing the Kimbridge products until 31 December 2008, with final gravel extraction, restoration and landscaping by 2010. Manor Farm, Timsbury will take approximately two years longer to finish than Kimbridge because there are reserves of sand and gravel under the plant site which it is proposed to extract.

2.4 During the course of the application concerns were raised about noise, in particular disturbance experienced by residents of Lodge Farm through noise from lorries running over speed bumps, needed for traffic calming along the on-site access road, and uneven surfaces at the access onto the A3057. In response, the applicant has carried out repairs at the site access and changed the design of the traffic calming.

2.5 Concern was also raised about surface water discharge from the processing plant site onto adjoining land. After the application was submitted it became apparent that discoloured water was running off the processing plant site during periods of high rainfall, which is contrary to a condition of the planning consent. In response the applicant has carried out works to construct a low bund along the site boundary with the SSSI, to drain the main part of the plant site towards the lake, and has dug a sump to intercept drainage and pump water from it to the lake.

3. Development Plan

3.1 Hampshire County Structure Plan 1996-2001 (Review) (adopted March 2000) Policies MW1 and MW2 concern proposals for mineral working.

3.2 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted December 1998) Policies 7 and 8 concern proposals for mineral extraction; Policy 35 concerns mineral processing plants.

4. Consultations

4.1 Test Valley Borough Council raises no objection.

4.2 Michelmersh Parish Council raises no objection.

4.3 Mottisfont Parish Council raises no objection.

4.4 The Environment Agency raises no objection.

4.5 The County Council (Highways) raises no objection.

4.6 Test Valley Borough Council's Environmental Health Officer required further noise information and, following receipt, raised no objection.

4.7 English Nature commented that the adjacent SSSI is in good condition, but required monitoring over the winter periods of high rainfall to assess impact of drainage from the processing plant site. Final comments are awaited.

5. Representations

5.1 The local Member, Councillor Woodhall, has been informed.

5.2 Letters of objection have been received, one from an adjoining local resident, whose farm is split by the on-site access road, and others from the owners of the adjacent land, part of which is an SSSI. The issues raised are as follows:

(i) the life of the site is continually being extended and there are fears that there will be future extensions of time;

(ii) noise from lorries going over speed humps on the on-site access road;

(iii) impact on the enjoyment of people using the adjacent land, in particular fishing on the River Test, the main impact being noise from the processing plant and gravel discharging from the plant; and

(iv) discoloured water run-off from the plant site is passing into the SSSI, which is contrary to conditions of the planning permission, and silt laden water is passing to the SSSI and River Test.

6. Chief Planning Adviser's Comments

6.1 Local residents are understandably frustrated that it is proposed to extend the life of this site beyond the date agreed in the 1997 Review of Mineral Planning Permissions (ROMP) application. However, it is more sustainable to process the Kimbridge product close to source, enabling the mineral to be processed and reducing the distance travelled by lorries. Therefore, there is a strong justification for the continuing operation of the processing plant for material from Kimbridge.

6.2 However, notwithstanding the justification, it is also necessary to consider whether the continuation of the plant site is acceptable environmentally in relation to the impacts on neighbouring residents and adjoining land.

6.3 The main impact for the residents of Lodge Farm is the lorry traffic along the on-site access road. The measures taken by the applicant in relation to noise mitigation will improve the situation but clearly there will still be an impact from the continued use of the access road by lorries to and from the processing plant.

6.4 The land adjoining the processing plant site is an SSSI; therefore, it is in a sensitive location. Concern has been raised about discoloured water discharging from the site having an adverse impact on the SSSI. Measures have been taken by the applicant to address this concern. The issue is whether these are satisfactory.

7926/PDC

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 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 35

In cases where it is not permitted by the Town and Country Planning (General Permitted Development) Order, the Mineral Planning Authorities will grant planning permission for minerals processing and manufacturing plant and other development ancillary to the extraction, landing or unloading of minerals within the boundaries of, or adjacent to, mineral extraction sites, aggregates wharves and rail-head aggregates depots, provided that:

(i) in the case of processing plant, it is required to process minerals either extracted from the mineral working site, landed at the wharf or delivered by rail to the depot;

(ii) in the case of manufacturing plant, the greater part of the minerals to be used to manufacture the product will be either extracted from the mineral working site, landed at the wharf or delivered by rail to the depot, and the manufacturing activities will remain ancillary to the primary use of the site as a mineral extraction site, aggregates wharf or rail-head aggregates depot;

(iii) in the case of other ancillary development, the development is required solely in connection with the administration or servicing of the mineral working site, wharf or depot;

(iv) the plant or other development 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, traffic or other impact;

(v) the size, type and nature of the plant or other development are appropriate to the scale of the mineral extraction site, aggregates wharf or rail-head aggregates depot for which it is required; and

(vi) the plant, structure or building would be removed as soon as extraction of minerals from the mineral working site has permanently ceased or the use of the aggregates wharf or rail-head aggregates depot has ceased and the site would be restored to a satisfactory condition suitable for an agreed beneficial after-use.

Where permission is granted for minerals processing or manufacturing plant at or adjacent to a mineral extraction site, this will be subject to conditions preventing the importation of material from elsewhere, with the exception of material that is necessary for the operation of the plant but is not, or was not formerly, extracted from the mineral extraction site.