Archived decisions

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

1. Summary

1.1 The County Council has received the following appeal decisions:

(i) Appeals by Forestry International Exports Limited against the refusals of permission at Selborne Clay Pit, Honey Lane, Selborne for variations of condition to allow the export of clay other than that required by the adjacent brickworks. The appeals were dismissed following a Public Inquiry

(ii) Appeal by Grundon (Ewelme) Limited against the refusal to issue a Certificate of Lawfulness at Fair Oak Sandpit, Mortimers Lane, Fair Oak for a concrete batching plant. The appeal was dismissed. following a Public Inquiry.

(iii) Appeal by C G Comley and Sons Limited against the refusal of planning permission at land adjacent to Calf Lane Chalk Quarry, Rye Common, Odiham for the storage of plant, machinery and materials ancillary to a demolition and waste recycling business at land adjacent to Calf Lane Chalk Quarry, Rye Common, Odiham. The appeal was dismissed under the written representations procedure.

1.2 The recommendation is for the Committee to note the outcome of these appeals.

2. Selborne Clay Pit

2.1 In May 2004 planning permissions were granted for an extension of Selborne Clay Pit, together with a new access road. Conditions were imposed on the planning permissions for the extension to the clay pit to restrict the export of clay to only that required for the adjoining brickworks. Subsequently Forestry International Exports Limited (the landowners) submitted planning applications to remove these conditions (F20661/40/CMA, F20661/041/CMA). These applications were considered by the Regulatory Committee at the meeting on 20 October 2004, when it was resolved to refuse the planning applications in accordance with the recommendation. The reasons for refusal were:

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

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

2.2 The applicant appealed against the decisions (appeal references APP/Q1770/A/05/1171912, APP/Q1770/A/05/1171013) and the appeals were heard at a Public Inquiry held on 6, 7 and 8 September 2005.

2.3 In his decision letter the Inspector stated:

"I consider that the main issues in the cases is whether the transport of clay from the site would cause significant harm in the amenities of local residents having regard to the aims of the planning policies to safeguard the clay for the brickworks."

2.4 Concerning the use of the clay, in relation to emerging government guidance, he stated:

"It gives added emphasis to the avoidance of using high quality brick clay for lower order engineering uses, and also to the desirability of not using clay for restoration which could be used for engineering purposes when other material, such as imported landfill, could make up much of the voidspace to be filled in the worked out claypit......although the proposal is directly contrary to Policy 27 of the MWLP, I have considerable sympathy with the overall intentions of the appellants to enable clay suitable for engineering to be exported for use at locations other than in the brickworks."

2.5 Concerning the impact for local residents he stated:

"I consider that the increase in HGV movements from 32-41 per day to 250 per day would have a serious impact on the living conditions of those who live in the area and use the road along which the lorries would travel."

"If commercial contracts drive the rate at which clay would be exported, there is no reasonable way in which the number of HGV movements can be controlled by planning conditions and meet the requirements of Circular 11/95."

2.6 Concerning the relationship with the brickworks he stated:

"It was not established that the clay exports were needed in order for the tile and brick making company to survive."

2.7 Concerning protection of the brick clay resource he stated:

"I agree with the Council that there is no reasonable method of monitoring and enforcing the condition to ensure that only this overlying clay was exported from the site. Therefore, the valuable brick making clay could not be safeguarded with confidence and so the relaxation of the terms of condition no.4 on the planning permissions would be contrary to Policy 27 of the MWLP."

2.8 The decision was to dismiss the appeals by way of a Decision Notice dated 1 November 2005.

3. Fair Oak Sandpit

3.1 In January 1989 planning permission was granted for a mobile low-level ready mixed mortar plant and site office at Fair Oak Quarry. This was a temporary consent expiring 31 December 2001. Following the expiry of the original planning permission the County Council sought removal of the plant, and in response an application for a Certificate of Lawful Use (U/04/50835) was submitted by the landowners, S Grundon (Ewelme) Limited. The application claimed that since 1992 the plant had been used for the production of ready mixed concrete. The County Council did not dispute that the use for ready mixed concrete started with the installation of the additional plant in 1992, but that the use ceased by 2002 and there had been no use since that date. Therefore there was not 10 years of use.

3.2 The application was refused under delegated powers, the reason for refusal being that:

The use ceased in 2002, and so the applicant had not established that the use began more than ten years before the date of the application and continued since then.

3.3 The applicant appealed against the decision (appeal ref: APP/Q1770/X/05/2000202), and the appeal was heard at a Public Inquiry held on 18 October 2005.

3.4 In his report the Inspector concluded:

"I consider the County Council's decision not to issue an LDC for the use of the land for a concrete batching plant, lorry parking, car parking and offices, for a period of more than 10 years prior to the date of the application, to have been well founded."

3.5 Therefore the appeal was dismissed by way of a Decision Notice dated 28 October 2005.

4. Calf Lane Quarry

4.1 On 27 April 2005 members of the Regulatory Committee considered a retrospective application made by C G Comley and Sons Limited. for the storage of plant, machinery and materials ancillary to a demolition and waste recycling business at land adjacent to Calf Lane Chalk Quarry, Rye Common, Odiham ( 05/00373/CMA).

4.2 The applicant was proposing that the use of the site, which extends across 0.5 hectares of agricultural land, was ancillary to the waste uses taking place within the adjacent quarry.

4.3 On considering all relevant matters, Members supported the officer recommendation and the application was refused on the following grounds:

The development is contrary to policies 6,7, and 46 of the Hampshire, Portsmouth and Southampton MWLP and Policies MW2, C1, C2 and T5 of the Hampshire County Structure Plan in that:

(i) There would be an adverse visual and amenity impact on the countryside and local residents especially from traffic; and

(ii) The highway network serving the site in terms of its width, condition and geometry is inadequate to accommodate the additional vehicles likely to be generated by the use applied for.

4.4 The applicant appealed (APP/Q1770/A/05/1182545) by way of written representation against the Decision of Refusal.

4.5 In his decision letter the inspector stated with regards to visual impact that:

"The site is a visible and unnatural feature particularly when seen from public vantage points over some significant distance from the east. This has a detrimental effect on the character and setting of the countryside, which Hart District Council." (HDLP) Policy RUR2 seeks to prevent. I conclude that the development adversely affects the character and appearance of the surrounding countryside and is in conflict with Hampshire County Structure Plan Policy C1 and HDLP Policy RUR2"

4.6 With regards highways he stated that:

"In my assessment the lane is wholly inadequate for regular use by HGV. In my view any increase, however small, in HGV traffic along this inadequate lane would be detrimental to safety and to the living conditions of occupiers of the adjacent dwellings due to noise, vibration, dust and disturbance. This would conflict with SP Policy T5 that is only permissive of development where transportation requirements can be met"

4.7 The Inspector concluded that :

"Whilst there may be a need for additional waste recycling sites, or for the expansion of existing ones for ancillary purposes, this must be balanced against the impact on local amenity and the environment. In this case I consider that the harm that would be caused by this development to the character and appearance of the countryside and on the highways network is compelling and not outweighed by any benefits that the development would provide."

4.8 The decision was to dismiss the appeal by way of a Decision Notice dated 15 November 2005.

Recommendation

That the decisions dismissing the appeals at Selborne Claypit, Fair Oak Quarry and Calf Lane Quarry be noted.

721/PC