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

1. Summary

1.1 This report considers an application to erect a portacabin building to support a vermicultural holding (breeding of worms) at Everglade Farm, Mount Pleasant, Sway. The recommendation is to refuse the application on the grounds that the development is contrary to the development plan and the need is insufficient to justify a departure from it.

2. Site History

2.1 The site, illustrated on the attached plan, extends across 1.6 hectares of land north-east of Mount Pleasant Lane, Sway. The land, which is within the New Forest National Park, is designated as countryside in the New Forest District Local Plan. A watercourse, Passford Water, lies to the east of the site. There are dwellings adjacent to and opposite the site entrance. The site is an old quarry that has been landfilled, possibly with some materials from the old Wellworthy Engineering Works in Lymington. Planning permission (no. 77331) was granted last year for the erection of a store/workshop building and a processing building to support a vermicultural holding at Everglade Farm. None of the buildings has been constructed nor have all pre-commencement conditions yet been approved by Hampshire County Council as Waste Planning Authority, including a requirement for a contamination survey to be approved prior to implementation of the development.

2.2 The two buildings with permission yet to be constructed comprise the processing building (9 metres x 9 metres) and the storage and workshop building (18 metres x 9 metres x 6 metres high).

2.3 Further information provided by the applicant at the time that Planning Permission No 77331 was being determined by the Regulatory Committee; this included a statement that:

"the processing building would contain a racking system so that worms can be graded and marketed. It would have lighting and heating. It would also have an office, toilet and washing facilities (added at a later date, subject to local planning approval); staff would comprise the applicant, his wife, son (when he is not at university), a secretary and casual labour once a month for approximately three days when harvesting".

2.4 On 22 October 2002 New Forest District Council refused outline planning permission for the erection of an agricultural workers' dwelling with access (to support organic tiger worm farm - application 759/11). The District Council refused the application for the following reason:

"The proposed development is contrary to the policies of the approved New Forest District Local Plan (in particular policies NF-H1 and NF-H6) in that it would create an additional undesirable dwelling, harmful to the character and appearance of the New Forest Heritage Area, that has neither been demonstrated to be essential to the need of agriculture or forestry, nor shown to serve a justified need. The agricultural case put forward in support of the proposals is not considered sufficient to override the policy objection in this case."

2.5 The applicant is proposing to erect a portacabin on the site which he states will be used for the day to day running of the business as required by Health and Safety and EU regulations. He states it will also be a place where all records are stored and to keep in touch with Customs and Excise.

3. Development Plan

3.1 Hampshire County Structure Plan 1996-2011 (Review) (adopted March 2000) Policies MW1, MW2, MW3 and NF1 apply (see attached appendix).

3.2 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted December 1998) Policies 8 and 53 apply (see attached appendix).

4. Consultations

4.1 Sway Parish Council - comments awaited.

4.2 New Forest District Council - objects to the application. Formal comments to follow.

4.3 The New Forest Committee - comments awaited.

4.4 The Council for National Parks has no comments to make on the application.

4.5 The Environment Agency has no objection to the application.

4.6 The Environmental Health Officer raises no objection in principle, subject to a number of pre-development conditions relating to contaminated land risk assessments being undertaken.

4.7 The local Member, Councillor Thornber, raises no objection to the proposal.

4.8 The Countryside Agency has no formal representations to make as regards the application, due to its strategic policy remit and priorities. This, however, should not be taken as implying a lack of interest or indicate either support for or objection to the proposals.

5. Representations

5.1 No representations to the proposal had been received at time of publication.

6. Chief Planning Adviser's Comments

6.1 The proposal involves the erection of a portacabin ancillary to the proposed wormery and buildings of Planning Permission No. 77331 which was granted on the site last year but is not yet fully constructed (only four worm bed frames exist) or near completion, and is not yet operational. Policy 53(iii) of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan states that the Waste Planning Authority will permit buildings ancillary to waste processing facilities within the boundary of the facility provided that "the size, type and nature of the development is appropriate to the scale of the waste facility for which it is required".

6.2 It is considered that the case in support of the proposal is insufficient to justify the need for a portacabin on the site when the business to which it relates is not yet established or indeed operational, and when the applicant has already stated with regards to his current permission for the wormery that the office facilities would be located in one of the buildings yet to be constructed. It is also considered that the use of portacabins in the New Forest National Park as a permanent building is an undesirable precedent to set in the New Forest National Park.

Recommendation

That planning permission for the erection of a portacabin to support a vermicultural holding at Everglade Farm, Mount Pleasant, Sway (Application No. 82578) be refused on the following grounds:

Reasons for Refusal

(1) The proposed development is contrary to Policy 53(iii) of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan in that the proposed portacabin is of a size, type and nature inappropriate to the scale of the wormery facility for which it is required and when office facilities are already permitted to take place within the currently approved buildings forming part of Planning Permission No. 77331.

(2) The proposal is contrary to Policies MW2 and MW3 of the Hampshire County Structure Plan (Review) and Policy 8 of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan in that it is considered there is no demonstrated need for the portacabin which if granted would set an undesirable precedent for portacabin development as permanent buildings in the New Forest National Park.

(3) It is considered that the need for further office development on the site cannot yet be accurately assessed or evaluated when the development to which it would be ancillary (Wormery and Buildings Permission No. 77331) has not yet been fully implemented, is not yet operational and has not established itself in the market place.

9005/JD

APPENDIX

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

Policy MW1

Planning authorities will, through policies and proposals in local plans and day-to day development control:

(i) seek to ensure an adequate supply of minerals and provision of waste management facilities to meet needs having regard to the need to: maintain the environmental quality and diversity of Hampshire, including the protection of living conditions; safeguard important socio-economic interests; prevent pollution; and protect features of particular environmental or historical importance including those listed in Policy MW3, Sites of Importance for Nature Conservation and historic parks and gardens;

(ii) seek environmental enhancement and public benefits through minerals and waste development;

(iii) conserve and prevent unnecessary sterilisation of mineral resources and encourage efficient use of materials;

(iv) encourage the use of secondary and recycled aggregate materials; and

(v) seek the management of waste in accordance with the following hierarchy;

1. reduction of waste;

2. re-use of waste;

3. recovery of waste (recycling, composting, energy from waste); and

4. waste disposal;

having regard to the proximity principle and the principle of best practical environmental option.

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 NF1

To protect the special character of the New Forest, development, even in accordance with other policies of this Plan, will only be permitted where individually or cumulatively with other existing or proposed development, it will not harm the flora, fauna, geological, archaeological or landscape character of the New Forest and will:

(i) help maintain the traditional commoning regime of grazing and management which contributes to the landscape and ecological character of the New Forest; and/or

(ii) help maintain the social and economic well-being of communities in the New Forest Heritage Area; and/or

(iii) promote the enjoyment and understanding of the Area by the public.

Once the boundary of the New Forest Heritage Area has been defined in local plans, it should be regarded as permanent unless there are exceptionally strong reasons for altering it. Any alterations to the boundary should only be undertaken through the local plan process.

HAMPSHIRE, PORTSMOUTH AND SOUTHAMPTON MINERALS AND WASTE LOCAL PLAN (ADOPTED 17 DECEMBER 1998)

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 53

The Waste Planning Authorities will permit plant, machinery, buildings and other development ancillary to waste disposal, processing and transfer facilities within the boundary of or adjacent to the facility, provided that:

(i) the development is required solely in connection with the operation, administration or servicing of the waste facility; and 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) any plant, machinery, building or other structure is to be designed, constructed and landscaped so as to minimise any adverse impact on the amenities of the area and, in any case, it would not be likely to give rose to any unacceptable environmental or traffic impact or other detrimental effect; and

(iii) the size, type and nature of the development are appropriate to the scale of the waste facility for which it is required; and

(iv) any plant, machinery, building or other structure would be removed as soon as the use of the waste facility has ceased and the site would be restored to a satisfactory condition suitable for an agreed beneficial after-use.