Archived decisions
Hampshire County Council Regulatory Committee 22 October 2003 Applicant: Forestry International Exports Limited Excavation of clay and reinstatement of the land to agriculture with nature conservation and provision of access road at land adjoining the Brickworks, Honey Lane, Selborne, Alton Report of the Chief Planning Adviser to the Regulatory Committee |
Item 7 |
Contact: Peter Chadwick, ext 6728 email: [email protected]
1. Summary
1.1 Planning permission is sought for the continuation of clay extraction at Selborne clay pit for use at the adjoining brick and tile works and also exportation of clay for engineering purposes, followed by restoration to agriculture and nature conservation using imported inert waste for infill. The duration of the proposed clay extraction and restoration would be about 38 years. The proposal comprises two applications accompanied by an Environmental Statement, together with a further planning application for an access road. The recommendation is to grant planning permission, subject to conditions.
2. Site
2.1 The site, as shown on the attached plan, comprises an area of 14.7 hectares to the north and west of the Selborne Brick and Tile Works. The site is adjacent to the East Hampshire Area of Outstanding Natural Beauty (AONB). Part of the site, to the west of the current site, is within the boundary of the proposed South Downs National Park.
2.2 The application for an extension of the clay pit was originally submitted in February 2002. The County Council responded that an Environmental Statement was required under the Environmental Impact Assessment Regulations 1999. The applicant accepted this requirement but took a long time to prepare an Environmental Assessment. The Environmental Assessment was submitted in February 2003, together with an application for an additional area for extraction. The two applications are dealt with as a single proposal.
2.3 Following concerns about the access to the site via Latchford Lane/Roman Road, a further application was submitted in August 20003 for an access road across Chapel Farm.
2.4 The existing permission was reviewed under the provisions of the Environment Act 1999 and a new set of conditions determined by the County Council. An appeal was submitted against two of these conditions, which restricted the life of the site to five years and to prevent the export of clay from the site. This appeal has been held in abeyance, pending the consideration of the current applications.
2.5 In addition to clay extraction and infilling with construction and demolition waste with restoration to agriculture, planning permission was granted last year for construction waste recycling.
2.6 The nearest houses adjoin the site and would be about 30 metres from the extraction area. There are further houses on the other side of Honey Lane. Southlands and the adjoining industrial uses would be about 270 metres away, and Springfield Nursery about 300 metres. Both these access onto Roman Road.
2.7 The applicant proposes to extract about 856,500 cubic metres of clay, of which about 110,000 cubic metres would be from deepening the existing clay pit. It is proposed to use about 706,250 cubic metres of clay in the adjoining Brick and Tile Works and export about 150,250 cubic metres of clay not suitable for the Brick and Tile Works but suitable for engineering purposes. The restoration would require the importation of about 1.1 million cubic metres of inert waste. The duration of the clay extraction would be about 36 years, with restoration being completed within two years of cessation of clay extraction.
2.8 The annual rate of extraction would be 20,000 cubic metres of clay to supply the Brick and Tile Works. Prior to working the extension area the existing clay pit, not yet landfilled, would be deepened to a maximum depth of 14.5 metres. The extension area would be worked in five phases, with progressive restoration through infilling. A 5 metre stand off would be maintained against all hedgerows to be retained, a 10 metre standoff maintained against Honey Lane (within which a screening bund would be constructed) and a 20 metre standoff maintained to protect the gas pipeline which crosses the extension site to the west.
2.9 Advance planting would be carried out to the west of the gas pipeline to reinforce the existing broadland woodland strip and hedgerows to provide long term screening. Planting would also be carried out on the bund to provide further screening. The restoration would be to grassland, wet grassland and pools, and woodland therefore providing additional nature conservation habitats, as well as agricultural.
2.10 Access to the site would be via a new access road across Chapel Farm. The proposal would be to use the routeing to the A325 at Bordon via Oakhanger Road. The proposals would generate a maximum of about 250 heavy goods vehicles movements per day (125 vehicles in, 125 vehicles out).
3. Environmental Statement
3.1 The planning applications for clay extraction are accompanied by an Environmental Statement. The Environmental Statement was subsequently amended to take into account the proposed new access road. The Environmental Statement includes a non-technical summary, site location and description, geology, properties and population, principles of quarry design and restoration, site infrastructure and operations, sequence of working, planning history, Planning Policy, need, alternatives, landscape and visibility, water resources, architectural and archaeological heritage, ecology, dust and noise. Amendments to the Environment Statement have been submitted as a result of new proposed access roads. In addition, a protected species study was undertaken and results were included in the amendments.
3.2 The protected species survey included Great Crested newts, Dormouse, Reptiles, Water Vole, Badger and Bats. The presence of Great Crested Newts was confirmed in the northern water bodies within the site. As a consequence, the proposals amended so that the area of marshy grass land south of the silt lagoons is not extracted, therefore, retaining the habitat used by the Great Crested Newts for breeding. The Environmental Statement was amended accordingly.
4. Development Plan
4.1 Hampshire County Structure Plan, Policies MW2 and MW3 concern proposals for minerals and waste development.
4.2 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan, Policies 6, 7, 8, 27 (Preferred Area 8) and 28 apply.
5. Consultations
5.1 East Hampshire District Council - comments awaited.
5.2 Selborne Parish Council raises objection to the application on the following grounds:
(i) application adjacent to the East Hampshire AONB and part located within the proposed South Downs National Park. Proposal contrary to national Park purposes;
(ii) export of clay from the site in recent years has hastened need for extension. The brickworks themselves have little negative environmental impact on surrounding communities, it is the lorry movements associated with the export of clay and infilling which have the major detrimental effect;
(iii) the proposed duration of the application is too long, not possible to predict whether proposals will remain acceptable. No permission should be for more than five years;
(iv) Selborne bricks enjoy a national reputation; however, it is the Parish Councils opinion that the reason behind the application is not to support the brickworks but to allow a separate business of exporting clay and backfilling, resultant pit with inert waste;
(v) the need for lorry movements would be substantially reduced if the brown clay not needed for brick making was used for backfilling and not exported;
(vi) access to the site is very restricted. Roman Road (known locally as Latchford Lane) is not wide enough for two lorries to pass and at places is single track. The use by lorries has caused serious damage to verges and road edges, and also led to a marked deterioration in the road surface. Local residents using Latchford Lane regularly meet lorries and have to pull over;
(vii) local enterprises, Springfield Nursery and Southlands, have been adversely affected by existing lorry traffic along Latchford Lane and would be seriously affected by the lorry traffic with the extension; and
(viii) National Parks have highest landscape protection, the detrimental impact of the proposal on the National Park and its purposes and on its transitional zone will be significant.
5.3 The Oakhanger Preservation Society comments that it fully supports the small rural brick making industry at Selborne, and that consideration should be given to the excavation of clay from the preferred area to the north, the position to be reviewed after five years. However, it strongly objects to all other aspects of the application for the following reasons:
(i) export of clay should be rejected, any unsuitable clay should be returned to clay pit and reduce amount for infilling;
(ii) output from brickworks very small, the claim that 36 years is essential for financial viability is nonsense;
(iii) clay pit should be for the brick and tile making only, it is not a clay export business and a long term recycling and inert waste dump;
(iv) legal agreement over routeing should be completed as soon as possible and signed by all companies associated with the brickworks; and
(v) infill vehicles have in under two years totally devastated the local roads and verges. Latchford Lane is now a very dangerous hazard with dust, puddles, and potholes and ruts. To allow continuation for 36 years would totally destroy the road. Local residents and two commercial concerns are being very adversely affected and further disruption unacceptable. Oakhanger residents are concerned that increase in lorries will cause more movements through the village despite legal agreement, totally rejects backhaul claims as unworkable.
5.4 The Environment Agency raised objection on grounds of insufficient information regarding protected species. Subsequently, a protected species report has been submitted and the Environmental Statement has been amended.
5.5 East Hampshire District Council's Environmental Health Officer comments that he would regret any unnecessary encroachment into the proposed South Downs National Park. The applicant has not provided substantial noise results which would allow proper consideration. He suggests that an alternative site is found for the clay stockpile.
5.6 The East Hampshire AONB Officer comments that the applications are adjacent to the East Hampshire AONB and partly within designated South Downs National Park. He raises strong objections on the following grounds:
(i) extension to the west is outside Preferred Area in Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan and so is a departure;
(iii) proposed landscaping is not adequate to satisfy concerns regarding landscape impact. The northern and southern hedges are gappy and proposed woodland will have little impact during the life of the proposed extraction;
(iii) existing hedge on Honey Lane has gaps, existing clay storage piles are visible;
(iv) particular concern over proposal for clay export, cannot be described as being in the national interest. Whilst supply of clay to support Brickworks to provide local building materials and support the local economy, this has to be weighed against the existing and likely damage to a nationally important landscape;
(v) Roman Road is in places very narrow and extensive damage has already been done to road verges;
(vi) objection raised at increase in size and intensification of use on the site and impact on tranquillity of surrounding countryside and rural lanes.
5.7 The Council for National Parks comments that, as proposal is a departure from policy, the justification will need to be sufficient to outweigh concerns on policy and landscape grounds. The County Council will need to consider whether the proposals fulfil a need in terms of national considerations and whether there are any alternatives to meet any proven need. Should the County Council be minded to approve these applications, restoration should be progressive, the working controlled to restrict the area of open quarry to minimise landscape impact, and conditions attached to minimise adverse impacts for the local community.
5.8 The County Council's Highways Adviser originally raised objection on the grounds that the local lanes were unsuitable for the amount of lorry traffic proposed. The proposed access road avoids use of these lanes. However, further details are required to ensure that the proposed alternative meets appropriate standards.
6. Representations
6.1 The local Member, Councillor Scott, has been informed.
6.2 Ninety eight letters of objection have been received from local residents on grounds of highway danger and damage to local lanes by the additional lorry traffic, and prejudice to local businesses.
7. Chief Planning Adviser's Comments
7.1 Although the applications include Preferred Area 8 in the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan, the proposals are a departure from the Development Plan because the extension area to the west is outside the Preferred Area, and the proposal includes the export of clay and not just to work clay to support the adjoining Brick and Tile Works. The western extension is also within the proposed South Downs National Park. As these applications are a departure, the applicant would need to demonstrate exceptional reasons to override policy objection, in addition to balancing the merits of the proposals with the potential adverse impacts.
7.2 The objections to the proposals on the basis of the adverse landscape impact are noted. However, the site is not visible from a wide area and the proposals include additional landscape screening. Therefore, provided the working and restoration is progressive it should not be visually intrusive. However, clearly the western extension being within the proposed National Park will have a long period of disturbance, and needs to be assessed against National Park policy.
7.3 The operations within the site have not caused adverse impacts from noise and dust for the locality, other than for the properties immediately adjoining the site. The proposals include measures to mitigate these impacts. The comments of the Environmental Health Officer concerning location of proposed clay stockpile being too close to the neighbouring houses are noted. This can be addressed by condition requiring details of stockpiling to be agreed.
7.4 The main concerns that have arisen from the existing operations, and the principal objections to the current proposals, are the impacts of the lorry traffic associated with the site. The local lanes are unsuitable for lorry traffic, a fact recognised by the weight restriction orders on the locality. The existing voluntary routeing of lorries via Roman Road and Oakhanger Road to the A325 is unsatisfactory, but preferable to alternative routes via the villages of Selborne, Blackmoor or Oakhanger. The current permission does not restrict lorry traffic or prescribe the routeing. There has been a recent significant increase in lorry traffic associated with the infilling of the site, following an increase in the amounts of waste allowed through the Waste Management Licence. The information in the Environmental Statement regarding the number of lorry movements is contradictory and so the level of increase is unclear, although clearly based on the higher limits now permitted under the Waste Management Licence. The existing level of use is already causing significant damage to Roman Road (Latchford Lane) and its verges, causing a hazard for other road users and seriously affecting local residents and local businesses which need to use the lane. In these circumstances, there were strong objections both in terms of highway safety and environmental harm from this lorry traffic. In response the applicant has submitted an application for a new access road across Chapel Farm, which avoids the use of Honey Lane and Latchford Lane/Roman Road up to the junction with Bordon Road. This route, and use of Bordon Road, is acceptable in highway terms provided improvement works are carried out as proposes to the highway.
7.5 The lorry traffic is principally associated with the infilling and export of clay from the site. Other lorry traffic associated with the Brick and Tile Works is very low. Consequently, the concern with the current applications comes with the proposed continued export of clay and continued infilling with inert waste. The export of clay from the site is contrary to policy, and exacerbates the need for infill to restore the site. Notwithstanding the improved access route, it is considered that the environmental impact of the traffic should be minimised and so not to allow exportation of clay.
7.6 It is accepted that if the Selborne Brickworks are to be commercially viable, there is the need for suitable clay reserve to justify any continued investment. The existing reserves are insufficient. It is also accepted that any major investment would require a significant period supported by clay reserves. The 36 year period proposed is extensive but not unreasonable to support any significant investment in the Brickworks. However, it is considered that clay extraction should cease if the Brickworks cease to operate, this can be covered by condition.
7.7 If the clay is extracted, it would result in a deep excavation of about 14 metres. Such an excavation would be dangerous and unsightly if left and therefore infilling would be beneficial to secure restoration. The restoration proposals are acceptable. However, infilling should be restricted to that necessary to achieve restoration. Any export of clay, increasing void and so need for infilling should be resisted in order to minimise impact of traffic, bringing waste to the site for infilling.
7.8 The Protected Species survey identified the presence of Great Crested Newts within the water bodies in the north of the site the mitigating of amending the working scheme to retain the wet grass land and so retain the habitat is satisfactory. However, it is considered that detailed measures to ensure protection is required. Similarly, the survey identified the presence of badgers belts and reptiles in the vicinity. Although not necessarily directly affected by proposals, measures for their protection should be agreed. It is considered that the survey addresses the presence of protected species and the Environmental Statement addresses the issue and suitable mitigation. However, detailed protection measures should be agreed to ensure their protection.
7.9 In conclusion, there is policy support for clay extraction from the Preferred Area to support the longstanding Brick and Tile Works. The current proposals would secure the long term clay supplies to support the Brickworks; however, there are concerns at the proposed export of clay, which is contrary to policy and extent of infilling to achieve restoration. In view of the sensitive location - most of the extension is within the proposed National Park - it is considered that the clay extraction should only be to supply the brickworks and there should be no export.
Recommendation
That:
(i) planning permission in respect of excavation of clay and reinstatement of the land to agriculture at land adjoining the Brickworks, Honey Lane, Selborne, Alton (Application Nos. F20661/037 and F20661/038/CMA) be granted, subject to the following conditions:
Time Limits
(1) The extraction of clay and the deposit of waste shall cease and the site shall be restored to agriculture in accordance with the scheme approved under Condition (13) by 31 December 2039 or the cessation of brick and tile manufacture at Selborne Brickworks, whichever is the sooner, unless otherwise agreed in writing by the Mineral Planning Authority.
Reason: To ensure the satisfactory restoration of the site.
(2) The development hereby permitted shall commence within five years from the date of this permission.
Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
Restriction of Permitted Development Rights
(3) Notwithstanding the provisions of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 or any Order amending, replacing or re-enacting that Order:
(a) no fixed plant or machinery, building, structures and erections, or private ways shall be erected, extended, installed, or replaced within the site without the prior approval in writing of the Mineral Planning Authority;
(b) no additional lights or fences shall be installed or erected at the quarry/landfill unless details of them have first been submitted to and approved in writing by the Mineral Planning Authority
Reason: To be .specific about the need to secure control over additional plant and machinery, in the interests of the amenity of the area.
Restriction on Clay Extraction and Type of Waste
(4) No clay shall be removed from the site other than that required for brick making at the adjacent Selborne Brickworks, or stockpiled for the future restoration of the site. The extent and location of stockpiles to be agreed in writing by the Mineral Planning Authority.
Reason: In the interests of local amenity.
(5) Clay extraction shall be restricted to a rate of 20,000 cubic metres per year. A record of the rate of extraction shall be maintained at the site and be available for inspection by the Mineral Planning Authority.
Reason: In the interests of local amenity.
(6) The waste deposited at the site shall be restricted to inert waste arising from construction and demolition, and waste from Selborne Brickworks resulting from the brick making process.
Reason: In the interests of local amenity.
(7) Prior to development commencing, detailed clay stockpiles shall be submitted to the Mineral Planning Authority.
Reason: In the interests of local amenity
Highways
(8) No clay extraction or waste tipping authorised by this permission shall commence until the haul road has been constructed and off site highway improvements have been implemented.
Reason: In the interests of highway safety
(9) There shall be no access to the site for lorries travelling to and from the clay pit from Honey Lane, all access shall be via the haul road across Chapel Farm.
Reason: In the interests of road safety.
Hours of Working
(10) No vehicle shall enter or leave the site and no working shall take place except between the hours of 0730 and 1800 Monday to Friday, and 0730 to 1300 Saturday. There shall be no operations on Sunday, Bank holidays and public holidays.
Reason: In the interests of local amenity.
Noise
(11) Unless otherwise agreed in writing by the Mineral Planning Authority, within three months of the date of this certificate a detailed scheme for noise mitigation shall be submitted to the Mineral Planning Authority for approval in writing, which specifies:
(i) the maximum permissible noise levels at the site boundary;
(ii) noise monitoring and recording procedures;
(iii) noise suppression measures; and
(iv) 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 local amenity.
(12) Prior to development commencing an environmental management scheme shall be submitted to the Mineral Plannnig Authority for approval in writing. The sheme shall provide details for the control of noise, dust and odour, including monitoring and remedial measures when required. The scheme shall be implemented as approved.
Reason: In the interests of local amenity.
Water Protection and Pollution
(13) Unless otherwise agreed in writing by the Mineral Planning Authority, no further clay extraction shall be carried out after three months of the date of this certificate unless a detailed scheme for drainage and dewatering has been submitted to the Mineral Planning Authority for approval in writing and the approved scheme has been implemented.
Reason: In order to prevent water pollution.
Archaeology
(14) No development shall take place until the applicant has secured and implemented a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Mineral Planning Authority.
Reason: To ensure that adequate archaeological investigation and recording is undertaken prior to the development taking place.
Landscaping
(15) The approved scheme of landscaping shall be carried out in the planting season coinciding with or immediately following completion of each phase, whichever is the sooner, and shall be so maintained thereafter. Within five years of planting, any trees, shrubs, or other plants that die, become diseased, are removed or damaged, shall be replaced in the first available planting season with others of a similar size and species in accordance with the details of the approved scheme unless the Mineral Planning Authority gives written approval to any variation.
Reason: The provision and maintenance of a satisfactory degree of landscaping is considered essential in the interests of visual amenity.
Nature Conservation
(16) Prior to development commencing, detailed measures to protect species submitted to the Mineral Planning Authority for approval in writing shall be fully implemented for the duration of the development .
Reason : In the interests of nature conservation
Restoration, Aftercare and Afteruse
(17 Unless otherwise agreed in writing by the Mineral Planning Authority, within three months of the date of this certificate a scheme for restoring the site to agriculture and nature conservation shall be submitted, specifying final restoration levels, phasing and sequence of restoration.
Reason: To ensure satisfactory restoration.
(17) An aftercare scheme to provide for a five year period of aftercare and requiring such steps as may be necessary to bring each phase of land restored under Condition (13) to the required standard for agriculture, shall be submitted to the Mineral Planning Authority not later than one year from the approval of the detailed scheme under Condition (13). The aftercare scheme shall be implemented as approved.
Reason: To ensure satisfactory restoration.
(ii) planning permission for provision of an access road for extension area at land north of Selborne Clay Pit, Honey Lane, Selborne, Alton. (Application No.F20661/036/CMA) be granted subject to the following conditions:
Time Limits
(1) The development hereby permitted shall commence within two years from the date of this permission.
Reason: To comply with section 91 of the Town and Country Planning Act 1990.
Details
(2) Prior to development commencing, details of the construction of the road, width of the road, location and extent of passing bays, shall all be submitted to the Mineral Planning Authority for approval in writing. The details shall be implemented as approved.
Reason: In the interests of local community.
(3) Prior to development commencing, details of means of cleaning lorries to ensure mud is not deposited on the highway shall be submitted to the Mineral Planning Authority for approval in writing. The details shall be implemented as approved for the duration of the development.
Reason: In the interest of highway safety.
(4) Prior to development commencing, details of all fences, gates and access control facilities shall be submitted to the Mineral Planning Authority for approval in writing. The details to be implemented as approved for the duration of the developments.
Reason: In the interests of highway safety and local amenity.
Landscape
(5) Hedgerows shall be planted alongside each side of the hedgerow, other than where there is existing hedgerow and woodland. Prior to development commencing, details of the hedgerow planting shall be submitted to the Mineral Planning Authority for approval in writing. The planting shall be carried out in the planting season following approval. Within five years of planting any trees or shrubs which die, become diseased, are removed or damaged, shall be replaced in the first available planting season with others of a similar size and species in accordance with the details of the approved scheme, unless the Mineral Planning Authority gives written approval to any variation.
Reason: In the interests of visual amenity and biodiversity.
(6) No development shall take place until the applicant has secured and implemented a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Mineral Planning Authority.
Reason: To ensure that adequate archaeological investigation and recording is undertaken prior to the development taking place.
(7) Use of the access road shall not commence until the proposed off-site highway works have been implemented.
Reason: In the interest of highway safety
(8) The first 30 metres of the haul road, as measured from Oakhanger Road, shall be black topped and wide enough to allow two lorries to pass.
Reason: In the interests of highway safety
Section 100 D - Local Government Act 1972 - background papers | |
The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report. | |
NB the list excludes: | |
1. |
Published works. |
2. |
Documents which disclose exempt or confidential information as defined in the Act. |
TITLE: |
LOCATION |
Excavation of clay and reinstatement of the land to agriculture with nature conservation and provision of access road at land adjoining the Brickworks, Honey Lane, Selborne, Alton (Application No. F20661/037) (County Council Ref. EH015) |
8306/PDC
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.
HAMPSHIRE, PORTSMOUTH AND SOUTHAMPTON MINERALS AND WASTE LOCAL PLAN (ADOPTED 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 27
The Mineral Planning Authority will permit the extraction of clay from land within the following preferred areas, as shown on the proposals map inset maps:
Area 8 - Selborne Brickworks, Selborne; and
Area 9 - Michelmersh Brickworks, Michelmersh;
provided that:
(i) the clay is only to be used for the manufacture of bricks and/or tiles at the adjacent brickworks; and
(ii) there is a need for additional permitted reserves of clay to enable the continued production of bricks and/or tiles at the adjacent brickworks which outweighs any adverse environmental, traffic or other impact that the development would be likely to cause; and
(iii) the development proposals meet the specific criteria for the preferred area as set out in the text accompanying the proposals map inset maps.
Policy 28
The extraction of clay (excluding borrow pits) from outside the preferred areas specified in Policy 27 will not be permitted unless the Mineral Planning Authority is satisfied that there is a clearly established need for the clay for the lining or capping of landfill sites which cannot reasonably and satisfactorily be met from another source and that the need outweighs any adverse environmental, traffic or other impact that the development would be likely to cause.