Contact: Julia Davey, ext 6732 email: [email protected]

1. Summary

1.1 Planning permission is sought to vary condition (1) of permission No. TVSM00005/4 granted on 2 March 2004 to allow an extension of time to restore Hunts Farm Quarry and to remove the reference in the condition to restore that part of the haul road that is within the adjacent Bunny Lane landfill site through which vehicular access is gained.

1.2 It is recommended that permission be granted subject to conditions.

2. Site and Proposal

2.1 The site, as illustrated on the attached plan, extends across 5.65 hectares of agricultural land at Hunts Farm, Timsbury. The site is bordered to the north, west and east by agricultural land and to the south by Rudd Lane. The western boundary is adjacent to the Valley of the River Test Heritage Area. Access is from Bunny Lane through the Bunny Lane Landfill and across Rudd Lane. Footpath No. 12 runs alongside the southern edge of Rudd Lane.

2.2 The site was originally granted planning permission for mineral extraction, infilling and restoration of agricultural land in 1990 (Permission No. TVSM5) on the basis that the extraction and tipping would cease on or before 31 December 1995. An extension of time for the development to continue beyond this point until 31 December 1999 (TVSM005/1) was granted in 1996, followed by two further extensions of time in October 2001 (TVSM005/3) and March 2004 (TVSM00005/4).

2.3 In 2001 the applicant was A and J Bull Ltd. who had just succeeded Hughes Waste Management at the site. At the time of the March 2004 extension of time, SITA had succeeded A and J Bull Ltd. and became responsible for ensuring that Hunts Farm was restored back to original ground levels so it could be used for agriculture. SITA stated in 2004, at the time of determination of the 2004 extension of time, that the quarry had standing water within the base and the applicant considered that it was unacceptable in visual and health and safety terms for the quarry to be left in this way. Unfortunately there have been disputes about the final form of the restoration which had implications for Environment Agency permitting regimes. These matters are now resolved but there is insufficient time for the restoration to be completed under the current planning permission.

2.4 The void at Hunts Farm is understood to be approximately 500,000m³ and the application is to extend the period for restoration until the end of 2009

3. Development Plan

3.1 Hampshire County Structure Plan (HCSP) - policy MW2 (need balanced against environmental impacts) applies.

3.2 Hampshire Portsmouth and Southampton Minerals and Waste Local Plan (HPSMWLP)- policies: 6, 7 (general policies); 14 (conditions and legal agreements; 37 (Landfilling) apply.

4. Consultations

4.1 The local Member, Councillor Woodhall, has been informed of the proposal.

4.2 Michelmersh Parish Council raise no objection to the application.

4.3 Braishfield Parish Council raise no objection to the application but insist that this is the last such deferment of timescales. It requests that activities are kept to their approved timescales.

4.4 Romsey Extra Parish Council have no comment to make on the application.

4.5 Environmental Health Officer raises no objection to the application.

4.6 Test Valley Borough Council's comments are awaited.

4.7 Environment Agency raise no objection to the application.

4.8 Highways Adviser raise no objection to the application.

4.10 Councillor Dowden as adjoining Member has been informed of the proposal.

5. Representations

5.1 Three letters of objection have been received to the application from residents of Rudd Lane with two letters being from the same property. The grounds of objection are :

(i) the site raises issues of health and safety to local residents and children because of the length of time it has been left non-operational, unrestored and waterlogged. The site also has poorly maintained bunds, slopes and fencing;

(ii) it is the applicant's responsibility to infill the site as quickly as possible and it should have been restored progressively following extraction;

(iii) if permission is granted a strict time limit should be imposed and if the operator does not comply with any permission the operator should be penalised;

(iv) no lorry access should be allowed on Saturdays, Sundays or Bank holidays and only 9-5pm on weekdays; and

(v) only suitable inert materials should be used for any backfilling taking place.

6. Planning Adviser's Comments

6.1 This site has a long and complex history largely due to changes in waste licensing legislation, the implications of landfill tax and changes in the companies responsible for operating the site over the years. The main issues raised by the proposal are the need for the extension of time to restore the site, balanced against any adverse environmental impact that may be caused to local amenities.

6.2 The concerns raised by local objectors about hours of operations are noted. However, the Environmental Health Officer has raised no objection to the proposal. Whilst it is acknowledged that the site has not been operational for a long while, there are no residential properties that actually border the site.

6.3 Concerns raised by local objectors about the heath and safety and environmental implications of the site being left unrestored and waterlogged are noted. It is considered that there is a need to restore the site as quickly as possible to a state suitable for agricultural use and that the site should not be left in its current state any longer. It is also noted that if Members resolve to grant planning permission for the recycling facility proposed on Bunny Lane - also to be determined at this meeting of the Committee - then this would help in the provision of materials to restore Hunts Farm. However, with or without the recycling facility there would be a need to import materials.

6.4 The applicant is seeking three and a half years extension from the current planning permission tipping end date to infill the site, plus an additional six months for final restoration by the end of 2009. It is considered that the site could be restored within the two and a half years period previously granted with a six month period for final restoration to agriculture. It is recommended that these periods be combined to provide a total three year period for completion of filling and restoration at Hunts Farm Quarry.

6.5 Finally, there is a lorry routing agreement attached to the previous permissions to ensure that lorries access the site from that part of Bunny Lane south of the Bunny Lane landfill access and through Bunny Lane and do not traverse north towards Braishfield. It is considered that this lorry routing can be dealt with by a planning condition.

Recommendation

It is recommended that permission be granted for a maximum period of three years to allow the tipping of Hunts Farm to go ahead as soon as possible.

Reason for Approval

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

Time Limits

(1) The tipping and restoration operations hereby approved, shall be completed on or before 30 June 2009 and by ths date the land shall have been restored to agriculture in accordance with those details approved under Condition (18) below which shall include the removal of all haul roads/hardstandings, screen bunds, plant machinery and fences within the site not to be retained unless otherwise agreed with the Mineral Planning Authority in writing.

Reason: To ensure the comprehensive restoration of Hunts Farm Quarry and Bunny Lane landfill sites.

Working Programme, Phasing and Direction of Working

(2) The working (including phasing) of the site shall be in accordance with the revised scheme to be submitted within two months of the date of this permission and approved by the Mineral Planning Authority in writing.

Reason: To ensure the efficient and progressive restoration of the site within the permitted timescale.

(3) Before any operations recommence on-site, a scheme showing the location of any plant and equipment and details of the site control point shall be submitted to, and approved by, the Mineral Planning Authority in writing.

Reason: In the interests of local amenities

(4) Prior to the recommencement of the development, survey points shall be established in accordance with details to be submitted to and approved by the Mineral Planning Authority in writing, and maintained during the life of the permission.

Reason : To enable satisfactory monitoring of the site.

Hours of Working

(5) Except with the prior agreement of the Mineral Planning Authority in writing, no tipping operations shall be carried out and plant/machinery shall not be operated other than during the following hours: between 0730 and 1800 Monday to Friday; 0800 to 1300 on Saturday. No such operations shall take place on Sunday or recognised public holidays. This shall not apply to site preparation works when topsoil is being removed and when earth bunds are being formed.

Reason: In the interests of the amenities of the area.

Noise

(6) No tipping operations shall recommence until noise and dust mitigation measures, to secure the protection of the amenity of nearby residents and the users of adjacent Rights of Way, have been submitted for approval and implemented to the satisfaction of the Mineral Planning Authority.

Reason: In the interests of local amenities.

Access and Routeing

(7) There shall be no means of vehicular access to the site other than from the haul road crossing Rudd Lane between the site and the Bunny Lane Landfill site.

Reason: In the interests of highway safety.

(8) Any gates provided shall be set back a distance of 10 metres from the edge of the carriageway of Rudd Lane.

Reason: In the interests of highway safety

(9) No lorry shall leave the site unless its wheels have been cleaned sufficiently to prevent mud being carried onto the highway - notably Rudd Lane and Bunny Lane. Measures shall be taken to ensure that Rudd lane is kept clean and free of mud at all times during implementation of the development.

Reason: In the interests of highway safety

(10) The vehicle crossing point at Rudd Lane and that section of the haul road between points B and F shown on drawing no. 1400/1 of planning permission No. TVSM5 shall both be reinstated to the satisfaction of the Mineral Planning Authority within six months of the completion of restoration in the area subject to this consent. The reinstatement of the crossing point shall include the replanting of hedgerows in accordance with the scheme approved under Condition (12) below in the first planting season following reinstatement.

Reason: In the interests of highway safety and local amenities.

Landscaping

(11) No work shall recommence on the site until a scheme of landscaping has been submitted to and approved by the Mineral Planning Authority in writing. Such a scheme shall include:

(i) the retention and maintenance in good condition of the existing hedgerow alongside the boundary of Rudd Lane and measures to protect the hedgerow from damage during operations;

(ii) no mineral extraction, tipping of waste, storage of materials or formation of haul road shall take place underneath the crown spread of those trees to be retained on the site;

(iii) details of boundary treatment alongside Rudd Lane including, where necessary, additional tree and shrub planting and the formation of earth bunds to screen access roads and working areas so as to minimise visual intrusion;

(iv) the replanting of the hedgerow on both sides of the highway on the reinstatement of the crossing point at Rudd Lane;

(v) the species, type and number of trees and shrubs to be planted; and

(vi) a timetable within which the scheme shall be carried out.

Reason: To screen the workings and assist in absorbing the site back into the local landscape.

Drainage and Water Protection

(12) No discharge of any process wash-down water or vehicle wash down effluent shall be made to the nearby surface water drainage system leading to the Fairbourne Stream.

Reason: To protect local ground water resources

(13) All tanks containing oil storage shall be sited on a concrete base surrounded by bund walls capable of retaining at least 110% of the tank's volume and any spillages from fill or draw pipes. The bund walls shall be built and subsequently maintained such as to satisfy this condition in respect of the reason stated.

Reason: To protect local ground water resources.

Nature Conservation Aspects

(14) No operations, including location of haul routes, shall take place within 20 metres of any sand martin nesting area within the site between 1 February and 31 October each year unless otherwise agreed by the Mineral Planning Authority in writing.

Reason: To ensure the protection of the sand martin population during the nesting season.

Types of Waste

(15) No materials shall be imported for use in backfilling the site other than inert construction and demolition waste and earth spoils.

Reason: in the interests of the general amenity of the area and to safeguard water resources.

(16) No waste skips or containers shall be stored on the site

Reason: In the interests of the visual amenity of the area.

Restoration, Aftercare and Afteruse

(17) The site shall be progressively restored and managed for agricultural purposes in accordance with a scheme to be submitted to the Mineral Planning Authority for approval in writing prior to the recommencement of tipping on the site. The scheme shall include details of the sequence and phasing of backfilling and restoration; the process of respreading of soils to include 300 mm depth of topsoil; the ripping of any compacted layers of cover to ensure the adequate drainage and aeration, such ripping should normally take place before placing of the topsoil; the machinery to be used in soil spreading operations; the final pre and post settlement levels of the restored land (and the gradients of the restored slopes around the margins of the excavation) to be no higher that original ground levels and graded to prevent ponding of surface water; sections showing the final base levels of the quarry prior to infilling; Drainage of the restored land including formation of suitably graded contours to promote natural drainage and, where appropriate, the installation of artificial drainage; the reinstatement of the plant site and access roads by clearing plant, buildings, machinery, concrete, tarmacadam and other hard surfacing or walls, deep cultivation in both directions to remove rocks and other obstructions, replacing of subsoil and then topsoil previously stripped from the sites; grass seeding of restored areas with a suitable herbage mixture; and a timetable for implementation.

Reason: To ensure that the site is restored in an orderly manner to a condition capable of beneficial after use and in the interests of the amenity of local residents.

(18) An after-care scheme, requiring that such steps as may be necessary to bring each phase of the land restored under condition (17) to the required standard for use for agriculture shall be submitted for the approval of the Mineral Planning Authority in writing not later than one year from the date of this permission. The submitted scheme shall specify the steps to be taken and the periods during which they are to be taken and after-care of the site shall be carried out in accordance with the after-care scheme as approved by the Mineral Planning Authority. the scheme shall include measures for monitoring of settlement and remedial measures to be adopted.

Reason: To ensure the restored land is correctly husbanded.

Lorry Routing

(19) All lorries accessing and egressing the site shall do so through the approved haul road across the Bunny Lane landfill site and shall only traverse Rudd Lane. At the Bunny Lane landfill site entrance lorries shall access and egress the landfill site from the south of Bunny Lane only.

Reason: In the interests of highway safety.

832/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

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 aftercare of the site to a high standard and to a landform compatible with the local landscape and suitable for an agreed beneficial

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 watertable 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.

Policy 14:

The Mineral and Waste Planning Authorities will grant planning permission for minerals or waste development provided they are satisfied that:

(i) adequate provision has been made for the satisfactory restoration and aftercare of the site to the highest practicable standard so as to be suitable for the agreed beneficial after-use when the operation or use of the site has ceased or the facility has reached the end of its life, which after-use should normally be agriculture, woodland, heathland or other nature conservation or amenity use; and

(ii) in the case of mineral working and waste disposal by landfilling or landraising, the land will be progressively restored within the shortest practicable timescale such that the rate of restoration is as far as practicable commensurate with the rate of extraction and/or disposal and the land will be subject to appropriate aftercare to ensure that it is restored to a condition satisfactory for the agreed after-use of the site; and

(iii) the restoration and aftercare provisions can be ensured by means of conditions attached to the planning permission or through a planning obligation or other appropriate legal agreement.

Examples of subjects of planning obligations and agreements are cited in Appendix 5.

Policy 37:

The Waste Planning Authorities will grant planning permission for waste disposal by landfilling provided they are satisfied that:

(i) the waste to be disposed of cannot practicably and reasonably be reduced, re-used, recycled or processed at a resource recovery plant and there is a proven need for the disposal of the waste by landfilling which cannot reasonably be met by other suitable existing or permitted waste disposal facilities within a reasonable distance of the source of the waste or by the preferred areas in Policy 38; and

(ii) the proposed landfilling would normally take place within a mineral working site that:

(a) is an active extraction site; or

(b) has been unsatisfactorily restored and landfilling would enable satisfactory restoration to be achieved; or

(c) has been restored below original levels and there would be an environmental benefit from the raising of levels by infilling; and

(iii) the proposed site is located near 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

(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.