Contact: Julia Davey, ext: 6732 email: [email protected]

With the concurrence of the Chairman of the Regulatory Committee under Section 100(B)(4)(b) of the Local Government Act 1972, this matter is included on the agenda to enable the Committee to determine this planning application without unreasonable delay.

1. Summary

1.1 This report considers an application to raise land levels through the importation of inert waste for informal grazing purposes and private garden use, on land at Rushcroft, Mount Pleasant Lane, Sway. The recommendation is to grant approval subject to conditions.

2. Site

2.1 The site, as shown on the attached plan, extends across 0.49 hectares of land east of Mount Pleasant Lane, Sway from where it is accessed. The site forms part of the private garden and waterlogged grassland forming part of the property known as Rushcroft - a private household. The site lies within the New Forest Heritage Area and proposed National Park. The site slopes gently down in an easterly direction towards the Passford Water. There is a spring line on the site making it marshy all year round. A Site of Importance for Nature Conservation (SINC) lies 120 metres to the north-west of the site. Another private household is located directly on the north-western boundary.

3. Proposal

3.1 Planning permission is sought to drain and raise an existing field to create pasture land suitable for informal grazing and also to help drain a waterlogged part of the garden attached to Rushcroft, Mount Pleasant Lane, Sway.

3.2 The applicant intends to import 4000 cubic metres of inert subsoil and hardcore to raise levels and regrade the site, which is waterlogged for much of the year.

3.3 The number of lorry loads associated with the development would be five loads (ten movements) per day over a period of six-months. The site would be accessed through an existing double gate.

3.4 The hours of working would be between 0800 to 1730 hours Monday to Friday and between 0800 to 1300 hours on Saturdays.

4. Development Plan

4.1 Hampshire County Structure Plan Review 1996 - 2011 (Adopted March 2000) MW2, MW3.

4.2 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (Adopted December 1998) 6,7,8,14, 37.

5. Consultations

5.1 Environmental Health, New Forest District Council, Countryside Agency, Council for National Parks and Sway Parish Council - comments awaited.

5.2 The Environment Agency Southern raises no objection to the proposal.

5.3 Councillor Thornber raises no objection to the application.

5.4 New Forest Committee states that the piecemeal modern development along parts of Mount Pleasant Lane has caused a creeping sub urbanisation of the area but has not yet undermined the quality and distinctiveness of the landscape character and semi-natural habitats. The New Forest Committee feels strongly that this area makes an important contribution to the integrity of The New Forest Heritage Area and proposed National Park and that further development, including that leading to further loss of semi-natural habitats, should be restricted. The Committee therefore objects to the application on the grounds that the proposals will further fragment the landscape and be detrimental to the nature conservation value of the river valley of Passford Water and that the proposals indicate an extension of the domestic curtilage of the building.

5.5 Development Control Highways raises concern about visibility at the access into Mount Pleasant Lane but notes the proposed daily lorry movements are very low at five loads per day.

6. Representations

6.1 No representations have been received to the application.

7. Chief Planning Adviser's Comments

7.1 The main issue raised by the proposal is the need for the tipping balanced against any adverse environmental impact the development would cause such as traffic, landscape, amenity or drainage impacts.

7.2 It is noted that the local Member and the Parish Council raise no objection to the proposal. New Forest Committee's concerns about fragmentation of the landscape, the impact on the nature conservation value of the river valley of Passford Water and the extension to the domestic curtilage of the building are noted. However, the County Council's Landscape Adviser raises no objection to the proposal and the application is not extending the domestic curtilage of the building. The waterlogged garden area would remain as a garden and the waterlogged field as rough grazing land. New Forest Committee's concerns about the proposal being detrimental to the nature conservation value of the river valley are noted but are not supported by the County Council's Ecology Adviser who states that the site is not currently designated as a SINC and due to the topography of the area would not anticipate any adverse effect of the drainage works on the nearby Passford Water SINC. This view is supported by the Environment Agency which raises no objection to the proposal. The County Council's Ecologist does however consider that the site may have some intrinsic value in its own right but on balance considers this would not be justification to refuse the application.

7.3 The concerns raised about visibility are also noted but as the site has an existing gate access and proposed lorry movements are low, it is recommended that if permission is granted, a condition be attached restricting lorry movements to no more than 12 (6 loads) per day.

7.4 Accordingly, it is recommended that permission be granted subject to conditions.

Recommendation

That planning permission to drain and raise existing field to form gently undulating sward for formal grazing and private garden at Rushcroft, Mount Pleasant Lane, (80714) be granted permission for the following reason and subject to the following conditions.

Reason for Approval

It is considered that although the proposal involves landfill and is within the New Forest Heritage Area and proposed National Park Boundary it would not materially harm the character of the area or the amenity of local residents.

Conditions

Time Limits

(1) 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.

(2) The tipping subject of this permission shall be completed within six months of commencement and the site shall have been restored in accordance with the scheme approved under condition 6 below and shall be the subject of after-care for a period of five years unless with the prior agreement in writing of the Waste Planning Authority.

Reason: To provide for the completion and progressive restoration of the site within the approved timescale in the interests of local amenities and the landscape character of the area.

Traffic Movement Restriction

(3) Unless with the prior written agreement of the Waste Planning Authority no more than six vehicles carrying waste shall enter the site on any day.

Reason: To limit the volumes of traffic in the interests of the amenity of residents on and near the approaches to the site.

(4) No vehicle shall enter or leave the site and no working shall take place except between the hours of 0800 to 1730 Monday to Friday and 0800 to 1300 hours on Saturdays. There shall be no working on Sundays, bank holidays and public holidays.

Reason: In the interests of local amenities.

Mud on Road

(5) Measures shall be taken to ensure that all vehicles leaving the site are in such conditions as not to emit dust or deposit mud, slurry or other debris on the highway. In particular (but without prejudice to the foregoing), efficient means shall be installed, maintained and employed for cleaning the wheels of all lorries leaving the site.

Reason: In the interests of highway safety and to prevent mud and dust getting on the highway.

Working Programme, Restoration

(6) Prior to the commencement of the development a scheme of tipping and restoration shall be submitted to the Waste Planning Authority for approval in writing. The scheme shall include details of:

(i) the nature and extent of the intended unimproved grazing and garden after-use of the site;

(ii) proposed levels; and

(iii) seeding as appropriate.

Drainage and Pollution Control

(7) Prior to the development commencing a scheme for drainage of the land shall be submitted to the Waste Planning Authority for approval in writing and thereafter implemented in accordance with that approval.

Reason: To prevent pollution of receiving waters (where this is not covered by controls under Environmental Protection Act)..

After-care

(8) An after-care scheme, requiring that such steps as may be necessary to bring each phase of the land restored under Condition (6) to the required standard of use for grazing shall be submitted for approval of the Waste Planning Authority not later than six months from the date of this permission and thereafter be implemented as approved.

Reason: To comply with the requirements of Schedule 5 of the Town and Country Planning Act 1990 and to ensure that the restored land is correctly husbanded and to bring the land to the standard required for grazing use.

8721/JD

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 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 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.

Examples of subjects of planning obligations and agreements are cited in Appendix 5.

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.