Archived decisions
Hampshire County Council Regulatory Committee 4 January 2006 Applicant: Mr M Hicks Variation to the approved restoration plan to provide for a recreational fishery at Watmore Farm, Eversley Cross Report of the Chief Planning Adviser to the Regulatory Committee |
Item 7 |
Contact: Julia Davey, ext 6732 email: [email protected]
1. Summary
1.1 Planning permission is sought to vary the approved restoration plan to provide for a recreational fishery at Watmore Farm, Eversley Cross. The recommendation is to grant permission, subject to conditions.
2. Site and Proposal
2.1 The site was originally granted planning permission on appeal on 23 February 1998 (APP/Q1700/A/97/284097) for the extraction of sand and gravel with restoration to agriculture and wetland. Planning permission is now sought to vary the approved restoration plan from water for nature conservation to a recreational fishery at Watmore Farm, Eversley Cross.
2.2 The site is a level area of farmland of approximately 12.9 hectares between Eversley Cross and the western edge of Yateley, to the south of the River Blackwater. Within the site is a small pig-rearing unit, Watmore Farm. The B3722 Reading to Camberley road provides the southern boundary. Close to the east is a modern housing development. To the north is the Chandlers Farm Quarry. Fox Lane runs south to meet the B3722 past the western side of the site and provides access to Watmore Farm, Fox Cottage and Derwent and Parfitts Cottage, two linked dwellings.
2.3 The applicant acquired the site from RMC in 2003, following completion of mineral extraction and site restoration. In June 2004 a revised restoration scheme for the site was subsequently agreed with the County Council which was in part retrospective.
2.4 The aim of the revised restoration scheme was, in part, to remediate deficiencies in the actual restoration that had taken place which, due to poor drainage, was causing flooding The revised scheme is being implemented in consultation with the County Council .
2.5 The future of the water body was not included in the scheme other than to ensure the maintenance of its current condition. However, because of drainage difficulties, the margins of the water body have been reconfigured to achieve a more consistent water level throughout the year.
2.6 The applicant wishes to manage the farm in a manner which is compatible with the landscape and conservation objectives of the original restoration proposals and generates sufficient income to sustain the farm. He considers the activity of a small fishery would be compatible with these objectives and not result in any changes to the lake and its landscape setting, although some minor works would be necessary to manage the lake and the activity. These works would primarily be concerned with internal site access, car parking and waste management.
2.7 Pedestrian and disabled vehicular access would be gained from the existing farm entrance onto Fox Lane, and two parking spaces for the disabled would be provided on part of an existing agricultural hardstanding. Toilet facilities would be provided within the existing farm yard complex.
2.8 The main vehicular access would be from Halls Way in the north-west corner of the site where a designated car parking area for 15 cars would be provided. A surfaced walkway from the car parking areas to the lake would be provided to enable maintenance and disabled access and to reduce wear and tear from fishing trolleys. Close to the farm two fishing platforms, for use by disabled people, would be provided.
2.9 Vehicular traffic would be limited to the 15 fishing pegs to be provided. No additional illumination of the site is proposed nor any night-time fishing activity. The site would be open from dawn to dusk seven days a week.
2.10 The applicant contends that the better control of water levels in the lake enabled by the permitted reconfiguration of the marginal areas will facilitate the establishment of more sustainable wetland vegetation benefiting the lake visually and ecologically. If permission is granted the applicant expects a requirement for a detailed scheme for the design and implementation of appropriate planting of the lake margins.
3. Development Plan
3.1 Hampshire County Structure Plan Policy MW2 (need balanced against environmental impact) and Hampshire Portsmouth and Southampton Minerals and Waste Local Plan Policy 10 (restoration conditions) apply.
4. Consultations
4.1 Environment Agency South East raises no objection in principle, subject to conditions relating to a landscape management plan and a buffer zone.
4.2 Eversley Parish Council raises no objection but requests that if permission is granted there be screened planting of the car park areas to prevent intrusion into open countryside; the Parish Council would not wish this to lead to any intensification of buildings, additional lighting, etc.
4.3 Yateley Town Council raises no objection to the application.
4.4 Hart District Council states that in the absence of confirmation that the proposed use for a recreational fishery is consistent with the variation of the restoration plan generally, objection is raised on the basis that the proposal could damage the ecology and nature conservation interests in the area. The proposal is therefore contrary to Policies RUR30 and RUR31 of the Hart District Local Plan.
4.5 The local Member, Councillor Simpson, has been informed of the proposal.
4.6 The Highways Adviser raises no objection to the proposal.
4.7 Environmental Health Officer, Hart District Council raises no objection to the proposal.
4.8 Airport Safeguarding raises no objection to the proposal.
4.9 Blackwater Valley Countryside Partnership raises objection to the proposal on the basis that the proposed landform is ecologically and visually poorer than the permitted scheme would have been. The proposal includes less of the important habitat features and less detail than should be expected. As nature conservation was a major aim of the permitted scheme there is a need to assess the impact of the revision. It states that the landform that now exists has much of the proposed wetland area restored to higher ground levels than originally intended.
5. Representations
5.1 No representations to the proposal have been received from local residents.
6. Chief Planning Adviser's Comments
6.1 The main issue raised by the proposal is whether the variation to the restoration plan to use the existing water body for a recreational fishery use is acceptable visually, ecologically and in terms of any amenity impact on nearby properties.
6.2 The objection of the Blackwater Valley Countryside Partnership stating that the current scheme is ecologically poorer than the original approved scheme is noted. However, the problem is that the original approved scheme did not achieve the anticipated ecological benefits and created flooding problems.
6.3 The Environment Agency raises no objection to the proposal, subject to conditions to maintain the character of the water body and providing undisturbed refuges for wildlife using the lake. The Environment Agency has also suggested advice notes be attached to any permission granted suggesting how the nature conservation value of the lake could be improved. These matters could be dealt with by a condition requiring the submission of an ecological scheme as well as a landscape management and planting scheme.
6.4 The comments raised by Eversley Parish Council with regard to visual and amenity impacts are noted and it is considered that a landscape planting scheme can be secured by way of condition if permission is granted. The County Council's Landscape Adviser and Hart District Council's Environmental Health Officer raise no objection to the proposal.
6.5 This site has a planning history that resulted in a restoration scheme being granted on appeal that was implemented in a way such that flooding problems ensued. The applicant rectified the drainage problems by way of a revised restoration scheme but now wishes to enhance ecological potential of the lake edges. It is considered that the proposed scheme is not an unreasonable means of generating income to support this work and the sustainable management of the farm, and that permission should be granted, subject to conditions.
Recommendation
That planning permission for variation to the approved restoration plan to provide for a recreational fishery at Watmore Farm, Eversley Cross (Application No. 05/02212/CMA) (County Council Ref. HR038) be granted for the following reason and 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
Timescale
(1) Prior to the use of the site as a recreational fishery commencing, a scheme to increase the landscape and ecological potential of the site by way of design, planting and ongoing management shall be submitted to the Mineral Planning Authority for approval in writing and thereafter implemented in accordance with that approval. The scheme should include management responsibilities and maintenance schedules for the site.
Reason: To enhance the landscape and ecological value of the site over the short, medium and longer term.
Hours of Working
(2) The site shall be operational as a recreational fishery in accordance with this permission between dawn and dusk Monday to Sunday inclusive. No vehicles of those using the site for fishing shall enter before dawn nor exit the site after dusk.
Reason: In the interests of local amenity.
Protection of Water Environment
(3) During construction there will be no storage of materials or plant access within eight metres of the pond.
Reason: To prevent contamination of the adjacent watercourse/ditches or drains.
Landscape and Ecology
(4) A five metre wide buffer zone around the perimeter of the lake shall be established (excluding discrete areas set aside for fishing access) in accordance with details to be submitted to and approved in writing by the Mineral Planning Authority before the use of the site as a recreational fishery commences.
Reason: To maintain the character of the watercourse and provide undisturbed refuges for wildlife using the river corridor.
(5) The trees and shrubs planted in accordance with the approved landscaping and restoration scheme shall be maintained, and any plants which within five years of planting die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of a similar size or species unless otherwise agreed in writing by the Mineral Planning Authority.
Reason: In the interest of the landscape character of the area.
(6) Measures approved under Planning Permission 01/00016/CMA for the protection of trees, bushes and hedgerows which are outside the limit of extraction as shown on Plan No. P3/530/20 as modified in accordance with Condition (3) above, and which will be retained, shall be submitted to the Mineral Planning Authority in writing and such measures be implemented as approved. No trees, bushes and hedgerows to be retained shall be removed without the prior written consent of the Mineral Planning Authority. Any such vegetation which dies, becomes severely damaged or seriously diseased, shall be replaced in the planting season immediately following such occurrences with trees or bushes of such size and species as may be specified by the Mineral Planning Authority.
Reason: In the interests of the landscape character of the area.
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Published works. |
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TITLE |
LOCATION |
Applicant: Mr M Hicks Variation to the approved restoration plan to provide for a recreational fishery at Watmore Farm, Eversley Cross (Application No. 05/02212/CMA) (County Council Ref. HR038) |
Environment Department |
722/JD
Annexe to Reasons for Conditions
(as required by Article 22 of the Town and Country Planning
(General Procedure) Order 1995 - as amended)
__________________________________________________________________
Hampshire County Structure Plan (Review) 2000
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.
Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (Adopted) 1998
Policy 10
The Mineral and Waste Planning Authorities will impose conditions on planning permissions for minerals and waste development to minimise any adverse environmental, traffic or other impact resulting from the development and to ensure appropriate restoration and after-care of the site. Where such impacts cannot adequately be controlled by conditions, the Mineral and Waste Planning Authorities will seek appropriate planning obligations and/or legal agreements in order to control operations and/or to secure the enhancement of the environment or benefit to the local community.