Contact: Peter Chadwick, ext 6728 email: [email protected]

1. Summary

1.1 The proposal is to amend the restoration for the clay extraction site at Manor Farm, Pennington to create a lake. The recommendation is to grant permission.

2. Site and proposal

2.1 The site, as shown on the attached plan, comprises an area of two hectares within the current Manor Farm workings.

2.2 The site is within South Hampshire Coast Area of Outstanding Natural Beauty (AONB) and proposed New Forest National Park. Lymington to Keyhaven Marshes, which is a Site of Special Scientific Interest (SSSI) and international site (SPA/SAC/Ramsar) lies to the south of the site. Iley Lane, which is a public footpath, adjoins the site. The nearest houses are about 200 metres from the site.

2.3 Planning permission was granted in July 2001 for clay extraction, followed by infilling and restoration to agriculture and woodland. The clay extraction has been completed, but the site has not yet been infilled and restored. The proposal is to amend the restoration to partially infill the site, constructing a lake, together with wet grassland and woodland/scrub. The applicant states that the proposed lake would be an asset for nature conservation, visually attractive and provide a valuable water storage facility to benefit water management for the Marshes.

2.4 The amended restoration reduces the void available for landfill; however, the applicant states that this would be replaced by the landfill proposals for Lower Farm if that is granted permission.

3. Development Plan

3.1 Hampshire County Structure Plan Review 1996 - 2011 (Adopted March 2000) policy MW3 concerns proposals within AONBs.

3.2 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (Adopted December 1998) Policies 7, 8 and 14 apply.

4. Consultations

4.1 New Forest District Council raises no objection.

4.2 Lymington and Pennington Town Council supports the proposal, commenting that this site could be a real amenity for wildfowl.

4.3 Milford on Sea Parish Council recommends permission.

4.4 The Environment Agency raises no objection.

4.5 The Environmental Health Officer, New Forest District Council, raises no objection.

4.6 English Nature raises no objection, and comments that the lake may have many benefits for nature conservation and biodiversity gain.

4.7 The Wildlife Trust comments that the value of the lake for nature conservation is dependent on its design and long term management, and question the need for woodland. It objects to linking the proposed amended restoration to proposals for mineral extraction and infilling at Lower Farm.

4.8 The Royal Society for the Protection of Birds (RSPB) supports the proposal, commenting that this restoration is more appropriate to the coastal setting, but considering it to be separate from the proposals for Lower Farm.

4.9 The New Forest Officer supports the proposal in principle.

4.10 The Council for National Parks has no comments.

4.11 County Councillor Hayes, County Councillor Rice and County Councillor Mrs Banks have been informed.

5. Representations

5.1 One letter has been received from a local resident supporting the proposals.

6. Chief Planning Adviser's Comments

6.1 The proposed amended restoration to provide a lake could provide significant benefits in terms of both nature conservation and visually. Whilst the existing restoration scheme infilling the site completely was acceptable, this amendment would be a substantial improvement.

6.2 An additional important benefit would be that the lake would provide a water storage facility to benefit water management for the Marshes. A detailed water management scheme for the adjoining Efford site is in the final stages of development, an important element of which is to provide for protection and mitigation for the impacts of mineral extraction and landfilling by improving control, both of ground water and surface water, over water entering the Marshes.

6.3 The applicant has linked the proposed amendment to their proposals for Lower Farm because of the loss of void for tipping involved in developing a lake. However this application has to be considered on its own merits, as does the application for sand and gravel extraction and infilling at Lower Farm.

6.4 It is considered that the amendment would result in a significant improvement over the existing approved restoration. Therefore it is recommended that the permission be granted.

Recommendations

That planning permission in respect of Development of land without complying with condition 9 of Application 71961 and variation of that condition to provide alternative restoration scheme at Manor Farm, Pennington (Application No 77107) be granted permission subject to the following conditions:

Restoration

(1) Within one month of the date of this consent a detailed landscaping scheme shall be submitted to the Mineral Planning Authority for approval in writing. The scheme shall include numbers and species of trees and shrubs to be planted and timescale for carrying out the work. The scheme shall be implemented as approved. Any trees or shrubs which within five years die, become diseased or are removed shall be replaced in the following planting season with similar species unless otherwise agreed in writing by the Mineral Planning Authority.

Reason: In the interests of local amenity.

Note to applicant: All other conditions of planning permission 71961 remain in force.

8153/PDC

APPENDIX

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

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.

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 14

The Mineral and Waste Planning Authorities will grant planning permission for minerals or waste development provided they are satisfied that:

(i) adequate provision has been made for the satisfactory restoration and after-care of the site to the highest practicable standard so as to be suitable for the agreed beneficial after-use when the operation or use of the site has ceased or the facility has reached the end of its life, which after-use should normally be agriculture, woodland, heathland or other nature conservation or amenity use; and

(ii) in the case of mineral working and waste disposal by landfilling or landraising, the land will be progressively restored within the shortest practicable timescale such that the rate of restoration is as far as practicable commensurate with the rate of extraction and/or disposal and the land will be subject to appropriate after-care to ensure that it is restored to a condition satisfactory for the agreed after-use of the site; and

(iii) the restoration and after-care provisions can be ensured by means of conditions attached to the planning permission or through a planning obligation or other appropriate legal agreement.