Contact: Judith Smallman, ext 5461

1. Summary

1.1 This report considers an application for the construction of an agricultural reservoir with the removal of surplus materials (minerals and soils) arising in the course of construction at land north of Ripley, Ringwood. The recommendation is to grant permission, subject to conditions.

2. Site and Proposal

2.1 The site, illustrated on the attached plan, is approximately 11 hectares and forms part of the Avon Tyrrell Estate which stretches across the water meadows of the Avon Valley and eastwards into farmland. The site lies on the gravel terrace to the east of the River Avon valley, close to the Ripley Brook which itself is a tributary of the River Avon. The River Avon and Avon Valley are both designated as Sites of Special Scientific Interest (SSSI) and as international sites, the River Avon as a Candidate Special Area of Conservation (cSAC) and the Avon Valley as a Special Protection Area (SPA) and Internationally Important Wetland (RAMSAR site).

2.2 The Estate manages the water meadows, taking into account the importance of nature conservation. This has placed an increasing reliance on the area of the Estate east of the B3347 to produce sufficient income in order to maintain the viability of the Estate. The farmland is fertile, but to widen the type of crops that can be grown successfully, such as potatoes, onions, beans, peas and strawberries, it is essential that there is a source of irrigation water. It is proposed to construct an agricultural reservoir that will yield 20 million gallons of water each year of a seepage design which means that the water in the reservoir is connected to the groundwater. This involves a hole being excavated which will naturally fill with groundwater from the underlying strata. During the course of construction some 230,000 cubic metres (400,000 tonnes), principally sand and gravel with some soils, will need to be removed from site. Access for the removal of this material will be from the B3347, with the average number of traffic movements being 40 per day, 20 in and 20 out. It is proposed to landscape the reservoir to include reed-beds, which is supported by nature conservation interests.

2.3 The overlying topsoils will be excavated and placed as shaped bunds around the boundaries of the reservoir site. Surplus material will be loaded directly into lorries leaving the site via the internal road and new access and transported northwards along the B3347 via Ringwood. The construction period is anticipated to last four years.

2.4 There are several footpaths in the locality. The one most affected passes adjacent to the northern boundary of the site and shares the route of the internal road.

2.5 The site is underneath the main flight path of Bournemouth International Airport.

2.6 The extracted materials would not be processed on site but would be taken to an existing processing plant off site. A planning application may need to be submitted by the appropriate operator to vary their permission accordingly. The Traffic Assessment submitted by the applicant shows that the development will increase HGV flows on the B3347 by 8% on average over approximately four years and that the majority of traffic will travel through Ringwood town centre.

3. Development Plan

3.1 Hampshire County Structure Plan 1996-2011 (Review) (Adopted March 2000). Relevant policies are MWP1, MWP 2 and MWP5.

3.2 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (Adopted December 1998). Relevant policies are 6, 7 and 20.

4. Consultations

4.1 Sopley Parish Council supports the proposal.

4.2 The Department for Environment, Food and Rural Affairs (DEFRA) and New Forest District Council (Planning and Environmental Health) raise no objection subject to the outcome of consultations with English Nature, the operators of Bournemouth International Airport, the Environment Agency, and the Highway Authority. The Environmental Health Officer requires conditions attached to any permission relating to hours of operation, restrictions on use of pumps, non intrusive alarms and control of dust.

4.3 The Highways Adviser raises no objection, subject to a financial contribution towards pedestrian/cycle improvements and traffic management schemes in the B3347 corridor to the south of the town centre.

4.4 Ringwood Town Council has concerns over traffic impact.

4.5 English Nature considers that significant hydrological impacts on designated sites in the Avon Valley are unlikely, subject to the licence conditions outlined by the Environment Agency. However, they remain unconvinced that the Environmental Statement meets the EIA Regulations and that the development proposed can be satisfactorily implemented. They recommend conditions should permission be granted.

4.6 The Environment Agency has outlined that to withdraw their objection to the planning application, confirmation is required of the following:

(i) an unequivocal statement demonstrating no impact, or betterment of the current situation to the Avon Valley SSSI/SPA/RAMSAR site;

(ii) a formal condition requiring the applicant to comply with a licence condition to trade in licence volumes from any abstraction licences within the catchment towards a new licence;

(iii) changes to the current licences to be conditioned to include appropriate monitoring, the scope of which should be agreed, in advance with English Nature; and

(iv) a formal condition requiring the applicant to maximise the environmental benefits of the reservoir in its design and subsequent management, subject to bird strike.

4.7 The applicant has indicated that this is acceptable and it is anticipated that both objections from English Nature and the Environment Agency will be withdrawn when their concerns have been addressed.

4.8 The Royal Society for the Protection of Birds supports the views of English Nature.

4.9 The Hampshire and Isle of Wight Wildlife Trust objects to the application because of the potential indirect effects of the proposal on the adjoining Ripley Brook.

4.10 The Civil Aviation Authority has raised objection to the increased risk of bird strike. The applicant has produced a revised scheme and it is anticipated that this objection will be withdrawn.

5. Chief Planning Adviser's Comments

5.1 In principle the proposed development is acceptable as it complies with Policy 20 but the technical concerns that have been raised are noted. Since the receipt of consultees' responses, additional information has been submitted by the applicant which demonstrates that the proposed development is not likely to have a significant effect on the European sites, and the ecological and hydrological issues have been addressed.

5.2 The Environment Agency requires conditions relating to the trading in of existing water abstraction licences. Whilst it is acceptable to determine the application in advance of a water abstraction licence being issued by the Environment Agency, a planning condition shall be imposed to prevent the reservoir works commencing until a suitable licence has been issued.

5.3 Significant work has been carried out by the applicant on the hydrological effects of the proposal, and the Environment Agency has confirmed that there will not be a residual effect on the Avon Valley as a result of the proposal. Whilst English Nature may remain unconvinced that EIA Regulations are being met, this conclusion is not justified, nor is there justification for refusing the application. Proposed conditions recommended by English Nature to monitor the drawdown / recharge of the lake, its effect on habitats and landscaping have been included.

5.4 Whilst the Ringwood Town Council's traffic concerns are acknowledged, the Highways Adviser has accepted the traffic assessment submitted by the applicant and requested a financial contribution towards pedestrian and cycle schemes as well as other safety/traffic management improvements in the B3347 corridor to the south of the town centre. It is considered that this is where the traffic impact will be most felt and this is the appropriate mitigation. This would be subject to a legal agreement.

5.5 No representations have been made to the proposal by members of the public, and, whilst the footpaths which traverse the site will be affected, planning conditions will be imposed to ensure that adequate provision will be made for pedestrians and that the footpaths will be kept in a usable condition.

5.6 Overall it is considered that the proposal is an acceptable one. Accordingly, it is recommended that permission be granted, subject to conditions and securing a financial contribution of £20,000 for transport improvements in Ringwood through a legal agreement.

Recommendation

That, subject to a legal agreement securing a financial contribution of £20,000 for transport improvements in Ringwood, and no objection being raised by the Civil Aviation Authority, planning permission for the construction of an agricultural irrigation reservoir with the removal of surplus materials (minerals and soils) arising in the course of construction at land north of Ripley, Ringwood (Application No 75228) be granted, subject to the following conditions:

Time Limit

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

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

General Development Order Rights

(2) Extraction of minerals shall cease by 31 July 2010 and restoration shall be completed by 31 July 2011 and buildings to which this permission relates shall be removed by 31 July 2011 unless otherwise approved by the Mineral Planning Authority.

Reason: To minimise the duration of disturbance from the development hereby permitted.

(3) Notwithstanding the provisions of Class A and B of Part 19 of the Town and Country Planning (General Permitted Development Order) 1995 (as amended), no buildings, plant or machinery nor structures in the nature of plant or machinery shall be erected on the site, except with permission granted on an application under Part 3 of the Town and Country Planning Act 1990.

Reason: In order to secure orderly development.

Hours of Working

(4) No operation shall take place on the site except between the hours of 0800 and 1700 Monday to Friday and between 0800 and 1300 on Saturday. There shall be no site preparation works including soil stripping before 0800 hours on Saturday. No operation shall take place on Sunday or public holidays unless otherwise approved by the Mineral Planning Authority.

Reason: In the interests of the local amenity.

Importation of Waste

(5) No imported waste shall be deposited in the excavation or elsewhere on the site.

Reason: In the interests of the local amenity.

Lorry Routeing

(6) Access to the quarry shall be via the existing access point from the B3347.

Reason: In the interests of road safety.

Access

(7) No development shall take place until the highway improvements shown on Drawing No 11151/07A plan are completed to the satisfaction of the Mineral Planning Authority.

Reason: In the interests of highway safety.

(8) The number of lorry movements to the site shall not exceed 20 vehicles in and 20 vehicles out per day. Records of the number of lorry movements into and out of the site shall be made available for inspection.

Reason: In the interests of highway safety.

(9) The surfacing of the site access road shall be maintained in a good state of repair and kept clean and free of mud and other dirt and debris at all times to the satisfaction of the Mineral Planning Authority.

Reason: In the interests of highway safety.

(10) Wheel cleaning facilities shall be provided to ensure that vehicles leaving the site shall not deposit mud or other materials on the public highway.

Reason: In the interests of highway safety.

Dust

(11) Dust from the site shall be minimised. Regular sweeping shall take place of the metalled length of the access road into the site from the B3347 and the use of a water bowser, sprayer or hose or other similar equipment, as appropriate elsewhere to reduce dust during dry weather.

Reason: In the interests of the local amenity.

(12) No loaded open-backed lorries shall leave the site unless they are securely sheeted or otherwise covered.

Reason: In the interests of highway safety.

Noise

(13) Noise from the mineral extraction shall not exceed the daytime limit of 45dB LAeq, I hr (free field) at noise sensitive properties.

Reason: In the interests of the local amenity.

(14) Within three months of the date of this permission a detailed scheme for noise monitoring and mitigation shall be submitted to the Mineral Planning Authority for approval in writing, which specifies:

(i) noise monitoring and recording procedures;

(ii) noise suppression measures in particular vehicle reversing bleepers; and

(iii) procedures to be adopted in the event of the maximum permitted levels being exceeded.

The scheme shall be implemented as approved.

Reason: In the interests of the local amenity.

(15) All vehicles, plant and equipment operated within the site shall be maintained in accordance with the manufacturer's specification at all times and shall be fitted with and use effective silencers.

Reason: In the interests of the local amenity.

(16) All de-watering pumps to be used on site shall be silenced.

Reason: To prevent noise disturbance to residential properties.

Footpaths

(17) Footpath Number 3 shall be kept in a useable condition throughout the extraction period and returned to a satisfactory condition on completion of the construction of the reservoir.

Reason: To secure the public footpath network and the amenity of the area.

Archaeology

(18) No development shall take place within the site until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Mineral Planning Authority.

Reason: In the interest of the archaeology of the site.

Water Resource Protection

(19) No development shall commence until the number/volume of existing abstraction licences within the catchment area are surrendered.

Reason: In order to protect, and assess potential effects on, the hydrology of the Avon Valley.

(20) Monitoring shall take place of the drawdown / recharge of the lake and surrounding area and its effect on the habitat creation / landscaping scheme.

Reason: To ensure that the pattern of use / drawdown retains a successful habitat.

(21) No solid matter, sand or gravel, oil or grease or other injurious matter shall be allowed to pass from the workings to any watercourse.

Reason: In order to prevent water pollution.

(22) Any oil, fuel, lubricant or other potential pollutant on the site shall be handled in such a manner as to prevent pollution of any watercourse or aquifer. Fuel or oil storage tanks shall be housed in an area with an impervious base surrounded by oil and fuel tight bund walls of sufficient height and construction. The bunded volume shall be capable of containing 110% of the volume of the largest tank. All pipework, filling points, vents and sight glasses must be located within the bund.

Reason: In order to prevent water pollution.

(23) A satisfactory scheme for the disposal and treatment of water arising from the de-watering activity shall be submitted and approved by the Mineral Planning Authority prior to the commencement of development.

Reason: In order to prevent water pollution.

(24) Prior to the commencement of extraction from the site, details of the location and arrangements for the monitoring of groundwater levels for the duration of the working shall be submitted for approval by the Mineral Planning Authority and thereafter implemented as approved.

Reason: To assess the risk of effects arising from changes in groundwater levels.

(25) There shall be no working below AOD (Above Ordnance Datum).

Reason: To minimise the risk of groundwater pollution.

Landscaping

(26) Details of the design and landscaping of the reservoir shall be submitted for approval by the Mineral Planning Authority before commencement of development. The landscaping scheme shall specify species, density, planting, size and layout which will benefit nature conservation interests. The approved landscape works shall be carried out in the first planting and seeding season following completion of the development. Any plants or trees which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species, unless the Mineral Planning Authority gives written consent to any variation.

Reason: To improve the appearance of the site in the interests of visual amenity.

(27) The soil bunds around the boundaries of the reservoir site shall be planted to a specification and retained for a period of time agreed in writing with the Mineral Planning Authority.

Reason: In order to screen the processing plant.

(28) The limit of extraction adjoining trees to be retained and new planting shall be clearly marked by a post and wire fence, the siting of which is to be agreed with the Mineral Planning Authority for each phase of extraction. The fence shall be erected before commencement of extraction in the relevant phase.

Reason: In order to protect existing trees.

(29) No material shall be stored or bunds formed within five metres of the trunk of any retained trees.

Reason: In order to secure the protection of trees.

(30) Tree felling/shrub removal shall take place outside the bird breeding season (April - September).

Reason: In the interests of nature conservation.

Restoration

(31) Overburden, subsoil and topsoil shall be replaced separately and in the correct sequence. No topsoil or subsoil shall be removed from the site.

Reason: To secure satisfactory restoration of the site.

(32) Topsoil and subsoil shall not be handled, respread or ripped except when dry and friable.

Reason: To ensure satisfactory restoration of the site.

After-Care

(33) All plant, buildings, machinery and sanitary facilities, their foundations and bases, together with any internal access roads and vehicle parking, shall be removed from the site at such time as the Mineral Planning Authority, after consultation with the operator, shall determine that they are no longer required for the working or restoration of the site and the site restored in accordance with the restoration scheme approved under Condition (26) above.

Reason: To secure satisfactory restoration of the site.

(34) All planting and seeding shall be carried out in accordance with the details of the scheme approved under Condition (26) above, and shall be maintained to the satisfaction of the Mineral Planning Authority for five years after completion of the restoration. Any trees or hedgerow that, within a year of planting, die or become damaged, diseased or are removed, shall be replaced in the next planting season with others of similar size and species unless the Mineral Planning Authority otherwise agrees in writing.

Reason: In order to secure satisfactory restoration.

Advice to Applicant

Legal Agreement

(35) The planning permission is subject to a legal agreement for a financial contribution of £20,000 towards pedestrian and cycle schemes in addition to other safety improvements in Ringwood town centre.

8077/JS

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 MW5

The mineral planning authorities will seek, through policies and proposals in the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan and day-to-day development control, to provide for an appropriate contribution towards national, regional and local needs for minerals from sources within Hampshire, having regard to local environmental constraints. In considering applications for mineral working, regard will be had to the aim of maintaining a stock of planning permissions sufficient for the extraction of sand and gravel in accordance with national and regional policy guidance, unless exceptional circumstances prevail. Areas for the extraction of sand and gravel will be identified in the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan.

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 20

The Mineral Planning Authorities will not grant planning permission for the extraction of sand and gravel from land outside the preferred areas specified in Policy 19 unless they are satisfied that the proposal is in conformity with the other policies of the Plan and that:

either:

(i) (a) there is a need for additional permitted reserves of sand and gravel (as assessed against Policies 16-18) which cannot reasonably be met from within the preferred areas; and

(b) it can be demonstrated that working of such land would be equally acceptable to working within a preferred area;

or:

(ii) the proposed development involves a small scale extension to or deepening of an existing active sand and gravel extraction site.