Contact: Neil Chester, ext 6496

Application A

1. Summary

1.1 The three related applications went before the Regulatory Committee on 28 May 2003. The Committee resolved to defer a decision on the applications pending a site visit.

2. Site and Proposal

2.1 The proposal is located in an area known as Stiers Copse on Venthams Farm (see attached location plan). The application site is 0.6 hectares and currently comprises a concrete crusher and a soil screener. An office / mess room and toilet facilities are also proposed for the site. There are currently two stockpiles of waste materials comprising stone and rubble for crushing and inert soils for screening. The proposal is to retain these stockpiles in their current location. Access to the site is via a farm track from Staple Ash Lane. The land surrounding the application site is used for agriculture.

2.2 The site is located within a Site of Importance for Nature Conservation and an Ancient Woodland. In addition, the site is within an Area of Outstanding Beauty and lies within the boundary of the proposed South Downs National Park. The access road is also a public bridle way, which continues past the site.

2.3 The proposal is to import construction and demolition waste. The waste will then be either screened or crushed to form suitable fill and re-surfacing material. The processed material will be solely used on the farm in connection with the proposed infilling of pits and re-surfacing of tracks (Applications F20619/012/CMA and F20619/011/CMA respectively).

2.4 The site has been operating without planning permission for over two years. Temporary permission is sought for a further 3 years to supply material for the proposed farm improvements. The proposal will generate a maximum of 150 lorry movements per week during peak times, although the average levels are anticipated to be less. Past lorry movements have not exceeded 150 movements per day. All of the processed material will be used on the farm.

2.5 The proposal is to operate the plant during the hours of 7am to 6pm Monday to Friday, and 7am to 1pm on Saturday.

3. Development Plan

3.1 Hampshire County Structure Plan 1996-2011 (Review) (adopted March 2000) Policy MW2 refers to environmental impact; Policy MW6 to the recycling and re-use of waste materials.

3.2 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted December 1998) Policies 6 and 7 refer to environmental impact; Policy 8 refers to development within an Area of Outstanding Natural Beauty; Policy 9 refers to development within a Site of Importance for Nature Conservation; and Policy 46 refers to waste processing facilities.

4. Consultations

4.1 East Hampshire District Council object to the proposal for the following reasons:

(i) unacceptable introduction of commercial activity in a rural area, for which there is no agricultural justification;

(ii) unacceptable development within an AONB;

(iii) adverse impact on a Site of Importance for Nature Conservation and an area of Ancient Woodland; and

(iv) roads leading to and from the site are of an inadequate capacity, width and alignment to safely accommodate the additional traffic that would be generated by the proposal.

4.2 Froxfield Parish Council object to the proposal for the following reasons:

(i) inappropriate development within an AONB;

(ii) adverse impact on the ecological interests of the area;

(iii) increase in traffic;

(iv) conflict with bridleway; and

(v) adverse noise impact.

4.3 The Environment Agency raises no objections subject to conditions.

4.4 The East Hampshire District Council Environmental Health Officer raises no objections subject to conditions restricting the hours of operation.

4.5 English Heritage raises no objections to the proposal.

4.6 The Rights of Way Adviser objects to the proposal as the lorry movements have hindered the use of the bridleway. Furthermore, the proposed turning area will adversely impact on the safety, enjoyment and integrity of the bridleway.

4.7 The Open Space Society have not commented on the proposal.

4.8 The Ramblers' Association have not commented on the proposal.

4.9 The Highways Adviser objects to the proposal as highway network is inadequate to accommodate the proposed lorry movements.

4.10 The Council for the Preservation of Rural England (CPRE) objects to the proposal as the Site of Importance for Nature Conservation (SINC) has been damaged by tipping and the surface of the bridleway has been damaged. In addition, the proposal lies within the proposed South Downs National Park.

4.11 The East Hampshire Area of Outstanding Natural Beauty (AONB) Officer objects to the proposal for the following reasons:

(i) unacceptable impact on the environment;

(ii) unacceptable traffic impact;

(iii) inappropriate development within an AONB;

(iv) no overriding justification for development;

(v) adverse impact on public rights of way; and

(vi) adverse noise and dust impact.

5. Representations

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

5.2 Objections have been received from 21 local residents. The main reasons for the objections are on the basis of:

(i) increased traffic movements on country lanes;

(ii) inappropriate development in the countryside;

(iii) increased noise;

(iv) adverse impact on the nature conservation interests of the area;

(v) adverse impact on the footpath and bridle way network; and

(vi) the retrospective nature of the application.

6. Issues

6.1 The main issues raised by the application are:

(i) whether the application complies with policy;

(ii) whether there is a local need for the proposed facility;

(iii) whether the proposal would have a significant landscape impact on the character of the Area of Outstanding Natural Beauty;

(iv) whether the proposal would have a significant adverse impact on the nature conservation interests of the area, including the Site of Importance for Nature Conservation;

(v) whether the proposed lorry route is considered acceptable from a highway safety point of view and in terms of the public right of way; and

(vi) whether the proposal would have a significant environmental impact on local amenity by way of noise, dust and traffic.

6.2 At the time of writing this briefing note, the County Council is discussing possible alternative access arrangements with the applicant. However, the highways objection has not been withdrawn.

Application B

2. Site and Proposal

2.1 The proposal is located on Venthams Farm near to the village of Froxfield Green (see attached location plan). The application relates to 1666 metres of farm tracks, which are divided into two lengths. The first section links the main farm complex with the western fields and the second section links Staple Ash Lane with the fields to the south.

2.2 Approximately half of the first section of track is adjacent to a public footpath and Scheduled Ancient Monument. The second section divides an arable field and a Site of Importance for Nature Conservation.

2.3 The tracks around the agricultural holding are in a poor state of repair and often become impassable in winter. During such time the farm vehicles are forced to use the conservation strips that are set-aside as part of the Countryside Stewardship Scheme, which is administered by the Department for the Environment, Food and Rural Affairs (DEFRA).

2.4 The proposal is to remove the surface of the tracks before reinstatement with the crushed construction and demolition waste produced under application A (App. No. F20619/013/CMA). The proposal is to deposit 300mm of rubble and crushed concrete to form the base of the track and lay 100mm of smaller stone to bind the rubble. The surface will be covered with 50mm of soil to promote the regrowth of grass.

3. Development Plan

3.1 Hampshire County Structure Plan Review 1996 - 2011 (adopted 2000) Policy MW2 refers to the environmental impact of waste development; Policy MW3 refers to development within an AONB.

3.2 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted 1998) Policies 6 and 7 refer to the environmental impact of development; Policy 9 refers to development within a SINC; Policy 37 refers to landfilling.

4. Consultations

4.1 East Hampshire District Council objects to the proposal for the following reasons:

(i) unacceptable introduction of a commercial activity in a rural area;

(ii) unacceptable intrusion of development within the East Hampshire Area of Outstanding Natural Beauty; and

(iii) the southern track is adjacent to a Site of Importance for Nature Conservation.

4.2 Froxfield Parish Council objects to the proposal for the following reasons:

(i) unnecessary development;

(ii) adverse noise and dust; and

(iii) adverse impact on a SINC and Scheduled Ancient Monument.

4.3 Langrish Parish Council (adjacent) raises no objections to the proposal providing the following is taken into account:

(i) no further materials are sent to the farm;

(ii) no further vehicle movements will affect the village of Langrish;

(iii) that there is no continued degradation to Bordean Hill;

(iv) that once the material on site is used the processing of materials must cease; and

(v) the applicant should remove any tracks made from Tarmacadam.

4.4 The Environment Agency raises no objections to the proposal.

4.5 East Hampshire District Council Environmental Health Officer raises no objections subject to conditions.

4.6 English Heritage raises no objections to the proposal.

4.7 The Rights of Way Adviser raises no objections to the proposal.

4.8 The Ramblers' Association has not commented on the application.

4.9 The Highways Adviser raises no objections to the proposal subject to the applicant not using the highway to distribute the processed waste to tracks on the farm.

4.10 The East Hampshire Area of Outstanding Natural Beauty (AONB) Officer objects to the proposal for the following reasons:

(i) the introduction of an urbanising influence within a rural part of the AONB;

(ii) degradation of the local landscape and impact on the recreational experience of walkers and riders using public rights of way; and

(iii) inappropriate specification for the locality and unsatisfactory completion of other tracks on the farm.

4.11 The Council for the Preservation of Rural England (CPRE) objects to the proposal as the proposal is unsuitable for a National Park.

5. Representations

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

5.2 There have been 21 letters of objection from local residents. The main reasons for objection are:

(i) questionable need for the development; and

(ii) potential adverse impact on the Scheduled Ancient Monument and footpath.

6. Issues

6.1 The main issues raised by the application are:

(i) whether the proposal is reasonably necessary in scale and nature;

(ii) whether the proposal would have a significant landscape impact on the character of the Area of Outstanding Natural Beauty;

6.2 The County Council is currently exploring the possibility of using existing farm tracks to transport processed material to the tracks requiring upgrading.

Application C

2. Site and Proposal

2.1 The proposal sites are located on Venthams Farm, Froxfield Green. The proposal comprises the infilling of two pits with screened soils imported from the processing plant located on the farm (application A) (Application No. F20619/013/CMA). The total application area is 0.16 hectares and will require 2609 cubic metres of fill material. The sites are currently unproductive in agricultural terms.

Pit 1

2.2 The site is a former mineral working and is 0.096 hectares in area. It is situated adjacent to a footpath which is also a Scheduled Ancient Monument. A farm track passes immediately to the north of the site. The base of the track has eroded and is currently unsafe for use by farm machinery. In addition, trees do not grow at the bottom of the pit. It is therefore proposed to infill the pit with screened soils. The site will be restored to woodland and managed for forestry purposes.

2.3 The proposal is to import 1775 cubic metres of screened soils from the proposed processing plant on the farm (application A). The maximum rate of fill will be 450 cubic metres per week. At the maximum rate of fill it would take 4 weeks to fill the pit.

Pit 2

2.4 The application site is a former mineral working and is situated off Ridge Top Lane within an area of ancient woodland. The woodland is currently unmanaged and the pit serves no useful purpose to the farm. Furthermore, the pit would be potentially hazardous if the woodland was managed.

2.5 The proposal is to fill the pit with approximately 834 cubic metres of screened soils. The material will be imported from the processing plant at Venthams Farm (application A). The rate of fill will be a maximum of 450 cubic metres per week. At the maximum rate of fill it will take approximately two weeks to fill the pit. The proposal is to restore the site to woodland.

3. Development Plan

3.1 Hampshire County Structure Plan Review 1996 - 2011 (adopted March 2000) MW2 refers to environmental impact and satisfactory restoration.

3.2 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted December 1998) Policies 6 and 7 refer to environmental impact and restoration; Policy 8 refers to development within an AONB; and Policy 37 refers to landfilling.

4. Consultations

4.1 East Hampshire District Council objects to the proposal for the following reasons:

(i) unacceptable intrusion on commercial activity in a rural area;

(ii) unacceptable intrusion of development into the Countryside to the detriment of the East Hampshire Area of Outstanding Natural Beauty and proposed South Downs National Park;

(iii) the proposal may have an unacceptable impact on a Scheduled Ancient Monument; and

(iv) unacceptable loss of trees to the detriment of the character and appearance of the area.

4.2 Froxfield Parish Council objects to the proposal for the following reasons:

(i) increased traffic movements in the area resulting in compromised safety for other road users;

(ii) inappropriate development within an AONB and the South Downs National Park; and

(iii) adverse noise and dust impact.

4.3 Langrish Parish Council (adjacent) objects to the proposal in order to protect the flora and fauna within the pits and to restrict more heavy vehicles within the village and on Bordean Hill.

4.4 Steep Parish Council (adjacent) have not responded to the consultation.

4.5 The Environment Agency raises no objections to the proposal.

4.6 EHDC Environmental Health Officer raises no objections to the proposal subject to a condition restricting the hours of operation.

4.7 English Heritage raises no objections to the proposal.

4.8 The Rights of Way Adviser raises no objections to the proposal on condition that the public use of footpath 32 is not hindered or obstructed.

4.9 The Council for the Protection of Rural England (CPRE) objects to the proposal because it is contrary to the aims of the proposed South Downs National Park.

4.10 The Ramblers' Association has not responded to the consultation.

4.11 The Highways Adviser objects to the proposal as Bordean Lane and Ridge Top Lane are of inadequate width and alignment to safely accommodate the additional traffic which the proposed development would generate.

4.12 The East Hampshire Area of Outstanding Natural Beauty (AONB) Officer objects to the proposal for the following reasons:

(i) adverse environmental impact;

(ii) disruption to the tranquillity of the area; and

(iii) Ridge Top Lane is unsuitable for heavy lorries.

5. Representations

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

5.2 There have been 21 letters of objection from local residents. The main reasons for objection are:

(i) potential adverse impact on the Scheduled Ancient Monument;

(ii) adverse impact on the landscape value of an AONB;

(iii) adverse ecological impact; and

(iv) concern over the nature of the waste material.

6. Issues

6.1 The main issues raised by the application are:

(i) whether the proposal would have a significant ecological impact; and

(ii) whether the proposal would have a significant landscape impact on the character of the Area of Outstanding Natural Beauty.

6.2 At the time of writing this briefing note the County Council is examining the possibility of using existing farm tracks to transport materials to the pits. However, the highways objection has not been withdrawn.

8058/NC

APPENDIX

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

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 MW6

Planning authorities will seek a reduction in the quantity of waste requiring treatment or disposal, including a significant reduction in the quantity of non-inert waste disposed by landfilling.

The waste 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, the provision of sufficient facilities to meet the need for the management of all unavoidable waste (excluding special waste) arising in Hampshire.

Having regard to Policy MW1(v), permission will be granted for:

(i) facilities for the re-use and recycling of waste, including the production of secondary and recycled aggregate materials;

(ii) facilities for composting, anaerobic digestion, incineration with energy recovery and other methods of resource recovery waste processing sufficient only to cater for unavoidable non-inert waste which is not re-used or recycled;

(iii) landfill capacity sufficient only for the disposal of unavoidable waste which is no re-used, recycled or processed; and

(iv) waste transfer stations to serve areas of local waste processing and disposal facility shortages;

provided that the development would not have unacceptable environmental, traffic or other impact.

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 9

Applications for planning permission for minerals or waste development in the following areas will not be granted save where there is an overriding need for the development to take place and any adverse effects can be satisfactorily ameliorated:

(i) Sites of Importance for Nature Conservation and Local Nature Reserves;

(ii) Ground Water Source Protection Zone 1 (Inner Source Protection) areas;

(iii) sites on the County Register of Historic Parks and Gardens.

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.

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.