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

1. Summary

1.1 The planning permissions for the extension of the Selborne Claypit and a new haul road with access to Oakhanger Road were granted in 2004. Conditions on the planning permissions for clay extraction require the completion of the new access road and off-site highway works before clay extraction can commence and preclude any export of clay. Planning permission is sought to work the site without complying with these conditions.

1.2 A previous application to delete the condition preventing export of clay was refused planning permission in October 2004. The subsequent appeal against this decision was dismissed in November 2005 following a Local Public Inquiry. It is considered that there has been no change of circumstances to warrant a different decision.

1.3 The recommendation is to refuse planning permission for the same reasons as previously in that the proposals are contrary to policy and would result in an unacceptable environmental amenity and highway impact.

2. Site and Proposal

2.1 The site, as shown on the attached plan, comprises an area of 14.7 hectares of land to the north and west of Selborne Brickworks. The site is partly within the proposed South Downs National Park. The nearest houses adjoin the site, although they are about 30 metres from the nearest area of extraction.

2.2 Two planning permissions were granted for the extension of the clay pit in May 2004, together with planning permission for a new haul road.

(i) Condition 4 of the permissions for the clay pit states:

"No clay shall be removed from the site other than that required for brickmaking at the adjacent Selborne Brickworks, the site being that outlined in red on Drawing No. BCF/CF/01-03/10395 RevA.

Reason: In the interests of local amenity."

(ii) Condition 7 of the permissions for the clay pit states:

"No clay extraction or waste tipping authorised by this permission shall be commenced until the haul road approved under Planning Permission F20661/039 has been constructed and the associated off-site highway improvements, required by the Section 278 Legal Agreement attached to that permission, have been completed.

Reason: In the interests of highway safety."

2.3 In 2004 planning applications were submitted to delete Condition 4 which prevented the export of clay. This application was refused planning permission in October 2004 and the subsequent appeal against this decision was dismissed in November 2005 following a Local Public Inquiry.

2.4 The applicant states that since the Local Public Inquiry the circumstances at the site have changed. The brickworks operator (Selborne Tile and Brick Limited) has gone into administration, ceased trading and its lease surrendered. Tower Brick Limited will take a lease of the brickworks with a supply contract for the clay from the claypit and is investing a substantial amount in new kilns and brickmaking equipment which are being installed in the brickworks.

2.5 Tower Brick Limited considers that the removal of the restriction on the exportation of clay from the site is essential for the future viability of the brickworks. It argues that, by imposing the substantial cost of constructing a new access road to allow it access to the clay reserves necessary for its future operation and denying the revenue from the limited clay exports necessary to fund such cost, the condition severely damages the commercial viability of the brickworks, the continued working of which has strong policy support. The proposal to vary Condition 4 of the planning consents and replace the exclusion of clay export with a restricted right to export a maximum of 50,000 tonnes per annum for a period of five years would, it is argued, secure the viability of the brickworks.

2.6 The applicant wishes the brickworks to become operational prior to the construction of the haul road, but states that there would be no export of clay or further import of waste for restoration until the haul road is completed. The applicant also states the majority of the clay would be removed by backhauling.

2.7 The applicant states that the restriction on clay extraction until the haul road has been completed is unreasonable and devoid of any planning purpose. The retention of the Brickworks is supported by planning policy, and requires an ongoing supply of clay which can be provided from the site without any need to access any part of the public highway. Therefore it is proposed to delete the words "clay extraction or" from Condition 7.

2.8 Without the removal of the condition Tower Brick Limited will have no alternative but to import clay for brickmaking at the Brickworks, which would result in an increase in heavy goods vehicle (HGV) movements on Roman Road and Honey Lane, therefore defeating the objective of the condition.

3. Development Plan

3.1 Hampshire Portsmouth and Southampton Minerals and Waste Local Plan (Adopted) 1998 (HPSMWLP) Policy 6 concerns proposals for mineral and waste development and Policy 27 identifies Selborne Brickworks as a Preferred Area, and states criteria for considering proposals for clay extraction.

3.2 Hampshire Minerals and Waste Planning Strategy (2006) Policy S11 `Provision will be made for maintaining a reserve of brick-making clay sufficient to last 25 years at current rates of supply. The export of brick making for other uses is not supported' and Policy DC17 - `Extraction of clay will be permitted provided the site: (a) Is identified for the extraction of clay in the Hampshire Minerals Plan and the clay is to be used solely for brickmaking, or (b) There is a need for additional clay for other uses .........and the site is within an existing sand and gravel quarry and the extraction of clay would be incidental; ......, or (c) the proposed development involves a small scale extension to or deepening of an active clay extraction ..'.

4. Consultations

4.1 East Hampshire District Council - comments awaited.

4.2 East Hampshire District Council Environmental Health Officer - comments awaited.

4.3 Environment Agency has no comments on the application.

4.4 Highways Adviser raises objection, and recommends refusal.

4.5 Selborne Parish Council raises strong objection on the following grounds:

(i) the removal of Condition 4 would result in an unacceptable intrusion into the countryside;

(ii) the reasons given for the refusal of permission in 2004 are equally valid in 2006. A decision upheld by the inspector on appeal;

(iii) the applicant has not demonstrated that a viable brick company cannot be operated at Selborne Brickworks without clay exports being permitted. Also argue that financial or business matters are not material considerations; and

(iv) in relation to Condition 7, the applicant has ignored the primary reason for imposing the condition, which was to relieve Latchford Lane (Roman Road), residents and local business from the impact of the HGV movements. The condition is reasonable on the grounds of safety.

4.6 The Oakhanger Preservation Society strongly objects to the application on the following grounds:

(i) supports Condition 4 to protect valuable brickmaking clay;

(ii) supports Condition 7 as local residents suffered considerably from brickworks' HGV movements waste imports and clay exports. The local road network is totally unsuitable and a haul road is absolutely essential for all brickworks traffic;

(iii) fully supports the planning inspector's decision preventing export of clay;

(iv) although has supported a small local brickworks, is very concerned with applicant's plan to increase the size and output of the business;

(v) the applicant's claim that without clay exports the business is not financially viable is not a planning matter concern; and

(vi) over the past two decades the various owners of the brickworks and the land concerned have caused considerable disturbance and danger to the local amenity, which must not be allowed to happen again.

4.7 South Downs Joint Committee raises objection to the variation of Condition 4.

4.8 Campaign to Protect Rural England strongly objects to the application. Believes that Conditions 4 and 7 were imposed for sound reasons, and can find no reasons why inspector's decision should not stand.

4.9 Ministry of Defence Safeguarding (Oakhanger) raises no objection.

4.10 The local Member, Councillor Kemp-Gee, who is also chairman of the Selborne Brickworks Liaison Panel, raises objection to the application on the grounds that the proposal clearly breaches Policy 27 which protects and conserves high quality brick and tile-making clay, and the disturbance to local residents from the traffic. There has been a significant adverse impact from previous operations at the site for local people which should not be allowed to continue.

5. Representations

5.1 Eleven letters of objection have been received from local residents. These raise objection on the grounds of the disturbance, damage and danger caused by the lorries going to and from the site, which has been experienced in the past.

6. Chief Planning Adviser's Comments

6.1 The previous proposal for the export of clay, contrary to Condition 4 of the planning permissions was refused planning permission, and the refusal upheld at appeal. The issue is therefore whether there has been any change in circumstance to justify coming to a different decision, taking into account the conclusions of the Inspector.

6.2 The applicant puts forward the change in the operator of the brickworks as a material change. However, it is noted that the ownership and operation of the claypit remains unchanged. It is not considered that this change has a significant impact. The applicant also puts forward a financial need for the export of clay. It is not considered that this overrides a strong policy presumption against the export, which is to protect high quality brickmaking clay from being used for other purposes. This issue was also considered at the appeal, when the Inspector upheld the refusal.

6.3 The applicant states that Condition 7 is irrelevant in that the haul road is not needed to enable clay to be extracted for brickmaking at the adjacent works. However although the applicant states that export would only take place once the haul road is constructed, the combination of deleting both Conditions 4 and 7 as they request would allow clay to be exported and any subsequent infill material to be imported without using the haul road, therefore using Latchford Lane and Honey Lane which the applicant agrees are wholly unsuitable. This is the route used in the past and has led to significant damage to the road, conflict with other road users and harm to the environment, and adversely affected local residents. This proposal is potentially considerably more harmful than the last proposals, which sought the export of clay via the new haul road.

6.4 The issue of clay exports was fully examined at the recent public inquiry and it is not considered that there has been any change in circumstances to warrant a different view. Indeed with the approval of the Hampshire Minerals and Waste Planning Strategy the policy presumption in using brick making clay identified with one of the Hampshire brickworks solely for brick manufacture is strengthened. The lorry traffic to and from the site is causing severe damage to local lanes, disruption and harm to the amenity of local residents and conflict with other road users. These proposals could potentially allow the continuation of this harm and so are unacceptable and as such would be more damaging to the environment, local amenity and in terms of highway safety than the previous proposals which were refused.

Recommendation

That planning permission in respect of the application for relief from Conditions 4 and 7 of Planning Permissions F20661/037CMA and F20661/038/CMA (to allow the export of clay and extraction of clay without completing the haul road and off-site highway works) at Selborne Brickworks and Claypit, Honey Lane, Selborne (F20661/043/CMA) be refused for the following reasons:

(i) the proposal is contrary to Policy 27 of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan, 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 Minerals and Waste Local Plan in that there would be an adverse environmental impact for local residents and road users from the lorry traffic associated with the proposal, and the need for the clay does not outweigh this adverse environmental impact; and

(iii) The proposal is contrary to the approved policies S11 and DC17 of Hampshire Minerals and Waste Planning Strategy DPD which protects clay permitted or identified with a brickworks for that purpose only.

1157/PDC

Annexe to Reasons for Refusal

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

(General Procedure) Order 1995 - as amended)

__________________________________________________________________

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 27

The Mineral Planning Authority will permit the extraction of clay from land within the following preferred areas, as shown on the proposals map inset maps:

Area 8 - Selborne Brickworks, Selborne; and

Area 9 - Michelmersh Brickworks, Michelmersh;

provided that:

(i) the clay is only to be used for the manufacture of bricks and/or tiles at the adjacent brickworks; and

(ii) there is a need for additional permitted reserves of clay to enable the continued production of bricks and/or tiles at the adjacent brickworks which outweighs any adverse environmental, traffic or other impact that the development would be likely to cause; and

(iii) the development proposals meet the specific criteria for the preferred area as set out in the text accompanying the proposals map inset maps.