Archived decisions

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

1. Summary

Permission is sought for a variation of condition 18 of planning permission F25283/001/CMA to extend the time for the submission of the restoration scheme to 31 January 2007. There is no change proposed to the requirement to restore the site to agriculture and no change to the date for carrying out restoration. The recommendation is to grant permission, subject to a requirement that if the use of the site ceases early, then restoration of the site is brought forward.

2. Site and Proposal

2.1 The site, as shown on the attached plan, was granted planning permission for soil recycling and green waste composting, with associated facilities and equipment in November 2002. The site has permission up to 31 October 2007. Condition 18 required the restoration scheme to be submitted within 2 years, which was 11 November 2004. Whilst not objecting to the principle of the condition at Blackmoor Estate, the landowners, considers the timing premature as he is not clear about the future farming plans for the estate. Therefore an application has been made to delay the submission of the scheme to 31 January 2007, 10 months before the restoration would be required.

3. Development Plan

3.1 Hampshire Portsmouth and Southampton Minerals and Waste Local Plan Policy 46 concerns proposals for waste recycling.

4. Consultations

4.1 East Hampshire District Council raises no objection.

4.2 Environmental Health East Hampshire recommend refusal on the grounds that there has been no reduction in the need to protect this area, which is partly within an AONB.

4.3 The Environment Agency raises no objection.

4.4 English Nature raises no objection.

4.5 Greatham Parish Council is of the opinion that the variation is being sought in anticipation of an application for an extension of current activities beyond 31 October 2007. The Parish Council considers that the application should be rejected and the applicant be required to submit the restoration scheme immediately.

4.6 Selborne Parish Council raises an objection as it considers that there are no valid grounds for extending the period for submission of the restoration scheme.

4.7 Whitehill Parish Council raises objection on the grounds that the applicant had enough time to draw up a restoration scheme. If the scheme has not submitted then enforcement action should be taken. The Parish Council supports the requirement for the restoration of the site to agricultural use.

4.8 The Council for the Protection of Rural England raises objection, and questions whether the delay in restoration of the site is necessary.

4.9 The East Hampshire AONB Officer raises objections on the grounds that it is vital that proposals for restoration of the landscape are agreed at the earliest possible time.

4.10 The Highways Adviser has no objection to the proposal.

4.11 The local Members Councillors Scott and Cartwright have been informed of the application.

5. Representations

5.1 Four letters of objection have been received from local residents on the grounds that there is no reason to delay the submission of the restoration scheme.

6. Chief Planning Advisers Comments

6.1 The issue is whether it is reasonable to delay the submission of the restoration scheme until nearer the date of the restoration. The concerns about future uses of the site are noted, however, the condition remains to restore the site to agricultural use and there is no proposal to change this requirement. There is also no change proposed to the timescale for carrying out the restoration. The proposed timescale would be for submission 10 months prior to cessation of use.

6.2 In conclusion there is no change proposed to the requirement to restore the site to agriculture, and no change to the timescale for carrying out restoration. A period of 10 months is a reasonable time for the County Council to consider a scheme, therefore there would be no harm caused by delaying the submission of the scheme. However there would need to be a safeguard that if the use of the site ceases early, then a scheme should be submitted to ensure the early restoration of the site.

Recommendation

That planning permission in respect of Variation of Condition 18 of Planning

Permission F25283/001/CMA (extension of time for the submission of restoration

scheme) at Green Composting and Recycling Site, Blackmoor Estate,

Blackmoor (F35283/003/CMA) be granted subject to the following condition:

Reason for Approval

It is considered that the proposal would be in accordance with the Development Plan

(summary attached) and would not materially harm the character of the area.

Condition

(1) A scheme for the restoration of the site to agriculture shall be submitted to the Waste Planning Authority for approval in writing by 31 January 2007 or within one month of the cessation of use of the site whichever is the sooner. The scheme shall include the removal of all plant, equipment, waste stockpiles, structures, access tracks and hardstandings. The scheme shall be implemented as approved and the site restored by 30 April 2008 or within 3 months of cessation of use of the site whichever is the earlier.

Reason: To ensure the satisfactory restoration of the site.

9115/PC

APPENDIX

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

Policy 46

The Waste Planning Authorities will normally permit the use of land and the erection of plant and buildings for the recycling, transfer, storage and other treatment or handling of waste (excluding waste processing facilities covered by Policy 45) provided that:

(i) 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) the proposed site is located close 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

(iii) the proposed site is located:

(a) within an existing industrial site or on land which is permitted or allocated for industrial development; or

(b) within an area of land in the countryside that has already been disturbed by permanent development (a brownfield site); or

(c) at a waste disposal landfill or landraising site provided that the proposed development is connected with the waste disposal operation and is for a temporary period commensurate with the operational life of the waste disposal facility; 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; and

(vii) the proposed site is located and, if necessary, the proposal includes landscaping measures to ensure that the development would not cause unacceptable visual intrusion.

9115app