Contact: Julia Davey, ext 6732

1. Summary

1.1 This report considers an application to erect a store/workshop building and a processing building to support a proposed (and part retrospective) vermicultural holding (breeding of worms) at Everglade Farm, Mount Pleasant, Sway. The recommendation is to refuse the application on the following grounds:

(i) the proposed buildings are obtrusive structures that would harm the unique character of the New Forest and could create an undesirable planning precedent for industrial buildings within the New Forest Heritage Area and proposed National Park; and

(ii) that the need for the development is not so overriding as to warrant a departure from policy.

2. Site and Proposal

2.1 The site, illustrated on the attached plan, extends across 1.6 hectares of land north-east of Mount Pleasant Lane, Sway. The land, which is within the New Forest Heritage Area, is designated as countryside in the New Forest District Local Plan. The watercourse, Passford Water, lies to the east of the site. There are dwellings adjacent to and opposite the site entrance. The site was an old quarry, many years ago, that has been landfilled, possibly with some old engineering materials, and raises some contamination issues if any of the land is to be excavated for buildings. The site, until cleared by the applicant, had regenerated naturally and was understood to be covered in brambles, trees and other vegetation.

2.2 On 22 October 2002, New Forest District Council refused outline planning permission for the erection of an agricultural workers dwelling with access (to support organic tiger worm farm) - application 759/11). The District Council refused the application for the following reason:-

"The proposed development is contrary to the policies of the approved New Forest District Local Plan (in particular policies NF-H1 and NF-H6) in that it would create an additional undesirable dwelling, harmful to the character and appearance of the New Forest Heritage Area that has neither been demonstrated to be essential to the need of agriculture or forestry, nor shown to serve a justified need. The agricultural case put forward in support of the proposals is not considered sufficient to override the policy objection in this case."

2.3 Planning permission is sought to breed worms on a commercial basis at Everglade Farm, Mount Pleasant, Sway. Four worm beds have already been constructed without planning permission (each measuring 30.4 metres x 1.2 metres). Horse manure has been used to fill the beds, whilst the worms are already in the beds. Worms would be fed on imported cardboard. After 12 months the mature worms would be harvested and taken into an insulated barn and graded ready for marketing.

2.4 In the first phase of the proposal one load of cardboard would be delivered per month (two vehicle movements).

2.5 Two buildings would be constructed. The processing building (9 metres x 9 metres) would be sited at the eastern part of the site and the storage and workshop building (18 metres x 9 metres x 6 metres high) to the west.

2.6 Further information was requested of the applicant on future phases, timing, parking, hours of working, hard standings, haul routes, etc. The following information has now been submitted:-

(i) the quantity of organic compost to be sold would be approximately 144 square metres / year;

(ii) no other foodstuffs would be imported to the site - only dung and cardboard;

(iii) the quantity of dung to be imported would be 260 square metres per year (21.6 square metres / month);

(iv) one transit load of cardboard would be imported per month;

(v) the processing building would contain a racking system so that worms can be graded and marketed. It would have lighting and heating. It would also have an office, toilet and washing facilities (added at a later date subject to local planning approval);

(vi) staff would comprise the applicant, his wife, son (when he is not at university), a secretary and casual labour once a month for approximately three days when harvesting;

(vii) the plant to be used in the processing building would be:

1 x electric rotary harvester;

1 x fork-lift truck (to stack trays); and

1 x swivel skip dumper (for moving dung to worm beds and taking dung to processing building);

(viii) bagging of compost would be done on site within the processing building;

(ix) foul water system - tank below ground level (primary treatment) then into a bio-treatment system before water discharged into a soakaway (subject to the necessary consents).

2.7 The applicant has not submitted any information in writing on his market or customers for the worms he is breeding. However, he has advised verbally that he intends to sell the worms to local riding establishments and people with dung heaps to break them down by placing the worms into a prepared hole in the centre of the heap. The applicant states that the worms would break down the dung and, when finished, find their way out of the heap into the Forest. The applicant states that there is a problem with large quantities of dung in the New Forest.

3. Development Plan

3.1 Hampshire County Structure Plan 1996-2011 (Review) (adopted March 2000) Policies MW1, MW2, MW3 and NF1 apply (see attached appendix).

3.2 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted December 1998) Policies 8 and 46 apply (see attached appendix).

4. Consultation

4.1 Sway Parish Council agrees that the development is a departure from the local plan.

4.2 New Forest District Council raises objection to the application for the following reason: "the proposal would result in the erection of two new industrial buildings within the New Forest Heritage Area which would be contrary to Policy NF-B2 of the New Forest District Local Plan."

4.3 The New Forest Committee considers that further detail is required before they can assess the proposals.

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

4.5 The Environment Agency has no objection subject to conditions.

4.6 The Environmental Health Officer raises no objection in principle, subject to a number of pre-development conditions relating to contaminated land risk assessments being undertaken.

5. Representations

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

5.2 One letter of objection has been received on the following grounds:

(i) concern about further industrial buildings being permitted;

(ii) adverse impact on local amenities by way of noise, disturbance and smell;

(iii) potential for noise if cardboard shredded;

(iv) visual impact when viewed from nearby woodland;

(v) access from Mount Pleasant Lane very poor;

(vi) concern about needing a lorry parking area when application states occasional service vehicles only;

(vii) why are such large buildings 60 feet by 30 feet by 20 feet high and processing barn 45 by 22 feet required;

(viii) concern about use of the tiger worm and it being essential to have the opinion of an expert entomologist;

(ix) no mains drainage from site and Passford Water adjacent would be threatened, including the otters which have been sited locally.

5.3 A letter of concern has been received from a local resident stating that if permission is granted a condition needs to be attached preventing the buildings being used for the parking or storage of plant or equipment other than those used in connection with the breeding of organic worms. The resident states this is raised because the applicant has or has had until recently a plant hire and contracting business.

5.4 Two letters of support have been received to the application, one from a resident of Ower, near Romsey, the other from a resident of Pitmore Lane, Sway. The reasons for support are as follows:

(i) the site offers considerable potential being well screened and secluded;

(ii) the site has been used for foundry waste, and also, in part, fly tipping;

(iii) farming and land management will continue to be in need of diversification and, whilst not an agriculture provision, this proposal will complement the environment overall;

(iv) when it was a tip no one cared as `endless' lorries dumped material into the site;

(v) the applicants are born and bred locals who have completely transformed what was an eyesore into a beautiful site with newly planted trees and rhododendron;

(vi) worm beds would make good compost for gardens; and

(vii) with forthcoming regulations restricting the disposal of manure, this venture could find a use for manure, particularly with a proposed equestrian centre planned for the opposite side of the lane.

6. Chief Planning Adviser's Comments

6.1 The proposal involves the construction of two industrial buildings of an inappropriate scale for the New Forest, and is a departure from the development plan in that it proposes built development within the countryside, and is prejudicial to the objectives of the proposed National Park. The case in support of the proposal is insufficient to justify departure from policy.

6.2 Notwithstanding, the objection raised by the District Council to the proposed buildings is based on District Local Plan policy; it reflects that in the Minerals and Waste Local Plan. Moreover, the planning history of the application site whereby the application was refused planning permission for an agricultural dwelling in conjunction with the worm farm last year is noted. Likewise, the letter of objection, as far as it relates to the impact of the buildings, is supported.

6.3 Two letters of support refer to the need for farm diversification but the site is not actually associated with a farmhouse or farm buildings. It is a piece of countryside, 1.6 hectares in area, within the New Forest. As such it is not considered to be farm diversification. Indeed, were this proposal to be located on an existing farm, re-using old farm buildings, then the balance of the proposal may be more supported by planning policy.

Recommendation

That planning permission for the erection of store/workshop building and erection of processing building to support vermicultural holding at Everglade Farm, Mount Pleasant, Sway (Application No.77331) be refused on the following grounds:

(i) the proposed development is contrary to Policy NF1 of the Hampshire County Structure Plan (Review) in that the proposed buildings are obtrusive structures and of significant proportions that will harm the unique character of the New Forest, and would create an undesirable planning precedent for industrial buildings within the New Forest Heritage Area and proposed National Park; and

(ii) the proposal is contrary to Policy MW2 and MW3 of the Hampshire County Structure Plan (Review) and Policies 8 and 46 of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan in that it is considered that the need for the development is not so overriding as to warrant a departure from policy having regard to the level of protection given to the New Forest Heritage Area and proposed National Park.

7964/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.

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.

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.

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

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 46

The Waste Planning Authorities will normally permit the use of land and the erection of plant and buildings for the recycling, transfer, storage and other treatment or handling of waste (excluding waste processing facilities covered by Policy 45) provided that:

(i) the proposed site is located near to the likely source(s) of waste and/or the market(s) for the recycled or recovered materials; and

(ii) the proposed site is located close 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

(iii) the proposed site is located:

(a) within an existing industrial site or on land which is permitted or allocated for industrial development; or

(b) within an area of land in the countryside that has already been disturbed by permanent development (a brownfield site); or

(c) at a waste disposal landfill or landraising site provided that the proposed development is connected with the waste disposal operation and is for a temporary period commensurate with the operational life of the waste disposal facility; 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; and

(vii) the proposed site is located and, if necessary, the proposal includes landscaping measures to ensure that the development would not cause unacceptable visual intrusion.