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

1. Summary

1.1 Planning permission is sought to raise the level of a field at Pony Pines, Ringwood Road, Netley Marsh in order that it can be used for grazing purposes without the possibility of flooding. The recommendation is to refuse permission on grounds expressed by the Environmental Health Officer relating to nuisance caused by way of noise, vibration, dust and fumes to the occupiers of adjacent terraced residential properties.

2. Site

2.1 The site, as shown on the attached plan, extends across 1.2 hectares of land due south of Pony Pines on Ringwood Road, Netley Marsh. To the west is a smaller parcel of land that has been landraised without planning permission and an application has been requested by New Forest District Council. To the east are agricultural fields and to the south nearby is a public footpath beyond which lie further agricultural fields. To the north are gardens of houses that front Ringwood Road. At least two of the houses, No 2 Grange Villas and Chestnut Cottage, share the proposed access which is owned by the applicant and over which they have a right of way. The western elevation of these terraced houses borders the edge of the access at its junction with Ringwood Road.

2.2 The access road is constructed of gravel with a tarmac dressing. Private drains and sewers that serve the three adjacent houses run beneath this access track. It is understood that clay pipes were laid 18 years ago and that at the junction of the access adjacent to the house the domestic waste pipe is two feet six inches below ground level, but at the southern end of the corner house, where it turns 90_ to go behind the terraces, it is only 15 inches below the surface. The pipes were laid to a shallow depth because the track only took occasional access traffic and were not laid to withstand heavy loads over either short or prolonged periods.

2.3 The site is within the proposed National Park on land prone to flood risk.

3. Proposal

3.1 Planning permission is sought to raise the land by a maximum of one metre on land to the rear of Pony Pines, Netley Marsh. The applicant states that the need for the landraising is to try and improve the land for agricultural purposes. It is currently marshland and as it floods in the winter months cannot be used for grazing purposes or the production of hay.

3.2 The applicant intends to import 27,000 cubic metres of clean uncontaminated subsoil by way of 15 cubic metre lorry loads over a period of 45 working days. The proposal would create 40 lorry loads a day, weather permitting, based on 600 cubic metres being imported per day. Access would be by the track described in paragraph 2.2.

4. Development Plan

4.1 Policies relevant to the application are attached as an appendix: Hampshire County Structure Plan Review 1996-2011 (Adopted March 2000) Policies MW2, MW3, MW7 and Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (Adopted December 1998) Policies 6, 7, 8, 37, 39 and 42.

5. Consultations

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

5.2 Netley Marsh Parish Council objects to the application on the basis of possible flooding issues that could arise if the planning application is permitted. Concern is also raised about the access track which is only ten feet wide, beneath which are private sewers for the nearby properties.

5.3 The Environmental Health Officer raises objection to the application on the basis that it would result in considerable detriment to the amenity of the occupiers of the terraced properties immediately adjacent to the access track, namely Nos 1 and 2 Grange Villas and Chestnut Cottage, by virtue of noise, including vibration, dust and fumes. The Environmental Health Officer would be prepared to give evidence at an appeal should this prove necessary.

5.4 New Forest District Council raises objection to the proposal.

5.5 Environment Agency raises no objection to the application, subject to conditions.

5.6 Countryside Agency has no formal representations to make on the application.

5.7 New Forest Committee's comments are awaited.

5.8 Council for National Parks states that, given its sensitive location within the National Park, consideration should be given to the visual impact of the proposals, the use of post and wire fencing and the number of lorry movements and noise generated. It states that, if planning approval is granted, the number of lorry movements should be limited to weekdays only.

5.9 The Highways Adviser raises no objection in principle, subject to conditions relating to prevention of mud on road and a Grampian condition requiring details of how private drains and sewers are to be protected from weight of proposed lorry traffic.

5.10 Southern Water raises no objection to the proposal if the sewers and drains are in private ownership.

5.11 District Councillor Puttock is very concerned about the application, in particular about the noise, dust and vibration issues from lorry traffic to amenity of adjacent residents. Also concerned about any grant of approval setting a precedent for landraising of Netley Marsh, particularly taking into account the unlawful tipping that has taken place by the owner of the adjacent Mink Farm. He stresses that this matter has not yet been resolved by the District Council and a planning application has been requested.

6. Representations

6.1 Six letters of objection have been received from local residents and a local business on grounds of flooding risk to adjacent properties, highways, and agricultural and private land; and potential damage to sewers on the access track. Objections are also raised about changing the nature of Netley Marsh, which has been used for grazing for hundreds of years. It is also stated that the previous owners of the site built a ménage at Pony Pines, the vehicles for which damaged the drainage beneath the access track.

6.2 Other comments are made that the applicant has removed fences, taken down trees that bordered an adjacent landowner's field and dug ditches on land outside of the applicant's ownership without permission.

7. Chief Planning Adviser's Comments

7.1 The proposal is a departure from policy because it is landraising on virgin land in the countryside, notwithstanding that some material considerations need to be taken into account.

7.2 The site floods severely and the existing drainage ditches are full of water which is not draining away. The water table is about 300 to 400 millimetres below the surface in places.

7.3 A smaller area of neighbouring land, in separate ownership, has already been regraded and slightly raised adjacent to the west of the site without the benefit of planning permission. New Forest District Council has requested an application of the landowner. This land appears to be draining satisfactorily. The arable agricultural land to the south of the site appears to be slightly higher in level and draining efficiently, possibly due to soil improvements and agricultural drainage having taken place.

7.4 Consequently the only land which is at the same low level as the application site is land to the north, to the rear of the houses on Ringwood Road and a small field to the east in other local ownership. As the applicant is not proposing to landraise near the houses, it is considered that the landraising would be unlikely to have a drainage impact on the land to the north. However the implementation of a drainage scheme may actually improve the situation for the field to the east.

7.5 In June it was noted that the land was not fully covered in marshland vegetation as might have been expected. Some small areas were devoid of vegetation and the land had cracks across it where animal grazing in the past on the wetland had compacted the surface.

7.6 However, it is considered that the main areas of concern raised by this application are the location, and the narrow width and construction of the access track directly adjacent to the terrace of cottages. The track is only just over ten feet wide and windows of No 1 Grange Villas look straight onto it.

7.7 In the circumstances the objection raised by the Environmental Health Officer is of some weight. Forty loads (80 movements) a day over 45 days, even on a five day week basis, is very intensive. Therefore it is considered that the application should be refused on the grounds recommended by the Environmental Health Officer.

Recommendation

That planning permission to raise level of field at Pony Pines, Ringwood Road, Netley Marsh (81766) be refused for the following reason:

Reason for Refusal

The proposal is contrary to Policies 6, 7 and 37 of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan and Policy MW2 of the Hampshire County Structure Plan, in that the need for the proposal does not outweigh any adverse impact that the development would be likely to cause to adjacent residents, in particular to Nos 1 and 2 Grange Villas and Chestnut Cottage, by way of noise, dust, vibration and fumes from lorry traffic.

8844/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.

Policy MW7

Waste disposal by landfilling will only be permitted within mineral working sites that are active or unrestored or have been unsatisfactorily restored or where there would be an environmental benefit from the raising of levels. Landraising will normally be permitted only in exceptional circumstances where the need for landfill capacity cannot be met by the infilling of mineral workings and there is no other reasonably practicable means of disposal available and 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 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 39

The Waste Planning Authorities will normally only grant planning permission for the disposal of waste by landraising in exceptional circumstances where the need for landfill capacity cannot be met by the infilling of mineral workings and there is no other reasonably practicable means of disposal available.

Policy 42

The Waste Planning Authorities will not permit the disposal of waste by landfilling or landraising where they consider there is a significant risk that the type(s) of waste proposed to be deposited would:

(i) cause pollution of surface drainage or groundwater; or

(ii) give rise to the production of landfill gas such that it would cause an environmental problem in the locality; or

(iii) give rise to any other unacceptable environmental or other effect in the locality.