Archived decisions

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

1. Summary

1.1 Planning permissions for extension to the clay pit at Selborne were granted earlier this year, together with permission for a new access road. Planning conditions were imposed to prevent the export of clay other than that required by the adjacent brickworks. Applications have been received to delete these conditions. The recommendation is to refuse planning permission on the grounds that the proposal would be contrary to policy and have an unacceptable impact for local residents.

2. Site and Proposal

2.1 The site, as illustrated on the attached plan, comprises an area of 14.7 hectares of land to the north and west of Selborne Brickworks. The site is partly within the proposed South Downs National Park. The nearest houses adjoin the site, although about 30 metres from the nearest area of extraction.

2.2 Two planning permissions for extensions to the clay pit were granted consent in May 2004, together with planning permission for a new access road. Condition 4 of extension permissions states that:

"No clay shall be removed from the site other than that required for brickmaking at the adjacent Selborne Brickworks, the site being that outlined in red on drawing no. BCF/CF/01-03/10395revA.

Reason: In the interests of local amenity."

2.3 The proposal is to remove these conditions to allow the export of clay which is not suitable for brickmaking but is suitable for uses such as landfill engineering and flood defence works.

2.4 The applicant considers that the complementary land uses of brick and tile manufacture, clay supply and inert landfill comprise an economically sustainable combination for long term economic growth and employment at the site. The company also argues that there is a proven need for the clay which is unsuitable for brick and tile making, and that it would not be a prudent use of resources to place this clay back in the clay pit.

2.5 The applicant states that the proposals would generate a maximum of 250 lorry movements per day. Without the export of clay the import of inert restoration material would generate about 50 lorry movements per day.

2.6 The applicant also considered that the export of clay would not have a significant impact in terms of the amenity of road users or residents living near the access route. To support this the application is accompanied by `An assessment of the potential amenity impacts along the road network associated with the export of clay from Selborne Clay Pit.'

3. Development Plan

3.1 In the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan, Policy 27, Selborne Brickworks is identified as Preferred Area 8. Policy 28 refers to the extraction of clay outside Preferred Areas (see attached appendix).

4. Consultations

4.1 East Hampshire District Council - comments awaited.

4.2 Environment Agency - comments awaited.

4.3 Selborne Parish Council - comments awaited.

4.4 Kingsley Parish Council raises objection on the grounds that the proposal is in breach of Policy 27 of the Hampshire Portsmouth and Southampton Minerals and Waste Local Plan; the applicant introduces financial arguments which cannot be taken into account; need insufficient to breach policy; and the potential cumulative impact of heavy goods vehicle traffic on local roads and communities.

4.5 The Oakhanger Preservation Society - comments awaited.

4.6 The Council for National Parks has no comment.

4.7 South Downs Area of Outstanding Natural Beauty Officer - comments awaited.

4.8 The Highways Adviser comments that, whilst there is no objection in terms of highway safety, subject to the completion of the highways works, there are concerns about extraneous damage caused to the roads by the lorries and the need to ensure the maintenance of the network. Consequently, any recommendation for approval should be subject to a legal agreement to provide a financial contribution for repair and maintenance of the route used.

4.9 The local Member, Councillor Sir James Scott, has been informed.

5. Representations

5.1 Eleven letters of objection have been received from local residents. The objections are on the grounds of unacceptable nuisance caused by the lorries to residents and businesses adjacent to the road; intrusive and damaging to individuals, property and the local road infrastructure; is contrary to policy; exacerbates the need for infill; increasing lorry traffic; the site is in a sensitive location on the edge of the Area of Outstanding Natural Beauty and within the proposed South Downs National Park; and difficulty in enforcement in protecting clay resources for the brickworks.

6. Chief Planning Adviser's Comments

6.1 Planning permissions for the extension to the Selborne Clay Pit were granted earlier this year. The reason put forward in the planning applications was to provide a long term secure source of clay for the adjacent brickworks. The site was partially within the Preferred Area for clay extraction identified under Policy 27 of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan. The application included a proposal to export a proportion of the clay for uses other than brick and tile manufacturing at the brickworks. It was considered that this export would be contrary to Policy 27 and that the consequent additional lorry traffic would have an unacceptable impact for local residents. Therefore planning conditions were imposed to prevent such export of clay.

6.2 It is recognised that the permission for the new haul road improves the access to the clay pit, as lorries would no longer need to travel along Latchford Lane/Roman Road, which is unsuitable for such traffic. There are also businesses along this lane (Springfield Nurseries and at Southlands) which have been adversely affected by the lorry traffic. Whilst the new route is acceptable in highway safety terms, following road improvements required by the permission for the access road, there will still be an impact for local residents using the local roads and residents along the route to the A325. The proposed export of clay would increase this disturbance as it would increase lorry traffic, due not only to the export of clay but also the increased waste inputs required to fill the clay pit. This impact has already been demonstrated by the current unrestricted clay exports, resulting in disturbance and justifiable complaint from local residents, particularly regarding the impacts in the vicinity of Oakhanger Farm.

6.3 The site is not considered to be a suitable location for general clay extraction and landfill, particularly as part of the site is within the proposed South Downs National Park. The proposed extension to the clay pit was only acceptable to support the local brickworks in accordance with Policy 27 of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan. This policy is still the relevant one for considering the current application, and it is still the view that the export of clay would be contrary to this policy.

6.4 If planning permission was granted for exporting a proportion of the clay, it would be very difficult in practical terms to identify whether only `unsuitable' clay was being exported. Consequently, there is a significant enforcement issue in seeking to restrict the clay exports to protect the clay reserves for brick making.

Recommendation

That planning permission in respect of Applications under Section 73 of Town and Country Planning Act 1990 not to comply with Condition 4 of Planning Permissions F20661/037/CMA and F20661/038/CMA (No clay shall be removed from the site other than that required for brickmaking) at Selborne Clay Pit, Honey Lane, Selborne (F20661/040/CMA and F20661/041/CMA) be refused, for the following reasons:

Reasons for Refusal

(1) The proposal is contrary to Policy 27 of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan, in that the clay would not be used for brick or tile manufacture at the adjacent brickworks.

(2) The proposal is contrary to Policy 6 of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan in that there would be an adverse environmental impact for local residents and road users from the lorry traffic associated with the proposal, and the need for the clay does not outweigh this adverse environmental impact.

8994/PDC

APPENDIX

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 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.