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

1. Summary

1.1 The planning permission for Holmsley Landfill Site includes a condition preventing the operation of the site between 15 July and 31 August in any year. Permission is sought for a variation of this condition to enable the site to be operated during this period in 2005. The main reason for the condition was the impact on the neighbouring Heathfield Caravan Park. However, the Caravan Park is undergoing improvements and will not be open this year. It is not considered that the disturbance to local residents would be unacceptable, bearing in mind the benefit in enabling the site to be completed quicker. Therefore it is recommended to grant permission for a relaxation of the condition for this year only.

2. Site and Proposal

2.1 The site, as shown on the attached plan, is a former sandpit comprising an area of 5.63 hectares within the New Forest and has planning permission for landfilling with inert waste. Access is via Black Lane and Forest Road to the A35 and the nearest house is about 85 metres from the site. Tipping commenced last year.

2.2 The planning permission includes a condition, which states;

"No lorries shall enter or leave the site between 15 July and 31 August in any year. Reason: In the interest of local amenity."

2.3 The applicant comments that the reason for the condition was due to the location of the site next to Heathfield Caravan Park. The caravan park has now been taken over by the Caravan Club which is in the process of redeveloping the site, and therefore it will not be open this year. Consequently, the variation of condition is requested to allow the landfill site to operate this summer.

3. Development Plan

3.1 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (Adopted December 1998) Policies 6 and 7 concern waste proposals.

4. Consultations

4.1 New Forest District Council has been informed.

4.2 New Forest National Park Authority has been informed.

4.3 Environmental Health Officer (New Forest District Council) has been informed.

4.4 Bransgore Parish Council raises objection to the permanent modification of this condition. However, if the Heathfield caravan site is closed for improvements this summer, would not object to the condition being modified solely for 2005, as this should lead to an earlier finish to the works, which would be advantageous environmentally .

4.5 Environment Agency has been informed.

4.6 The Highways Adviser raises no objection.

4.7 English Nature has been informed.

4.8 The local Member, Councillor Kendal, has been informed.

5. Representations

5.1 Six letters of objection have been received from local residents on grounds of noise and dust; impact of the lorries on narrow lanes; that there are other caravan sites in the vicinity which would be adversely affected; as would the many other visitors to this part of the New Forest during the summer.

5.2 A letter has been received from the Caravan Club confirming Heathfield Caravan site will not be open this year, and supporting the application on the grounds that it will hasten completion of the landfill site.

6. Chief Planning Adviser's Comments

6.1 A major concern when planning permission was granted was the impact on Heathfield Caravan Park, a holiday park in the New Forest. Accordingly a condition was imposed to restrict the operation of the landfill site during the holiday period. The closure of the Caravan Park this summer provides an opportunity to consider a temporary relaxation of this condition. The benefit of this relaxation is that working this summer would enable the site to be completed more quickly.

6.2 The working condition was imposed not only to protect the local amenity of the Caravan Park but for others as well, both local residents and holiday-makers There will be disturbance to local residents, particularly from the lorry traffic if the site is worked during this period. In addition there are other caravan sites in the area and there will be many holiday visitors. However, it is considered that the disturbance would be restricted and would not be unacceptable, nor would it unduly affect the other caravan sites in the vicinity or visitors to this part of the New Forest.

6.3 In conclusion, the closure of Heathfield Caravan site this summer provides an opportunity for considering relaxation of the condition this year. It is not considered that the disturbance to local residents would be unacceptable bearing in mind the benefit in enabling the site to be completed quicker. Therefore it is recommended to grant permission for a relaxation of the condition for this year only.

Recommendation

That planning permission in respect of modification to planning condition to allow site to operate between 15 July to 31 August at Holmsley Landfill Site, Black Lane, Holmsley, Bransgore (85070) be granted for the following reason, subject to the following conditions:

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 or the amenity of local residents and would be acceptable in terms of highway safety and convenience.

Conditions

Days and Hours of Working

(1) With the exception of 2005, no lorries shall enter or leave the site between 15 July and 31 August in any year.

Reason: In the interests of local amenity.

419/PDC

Annexe to Reasons for Conditions

(as required by Article 22 of the Town and Country Planning

(General Procedure) Order 1995 - as amended)

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Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (Adopted) 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.