Contact: Katie Snell, ext 5938 email: [email protected]

1. Summary

1.1 Planning permission is sought to remodel the River Valley Lake to make it suitable for the provision of water-based activities, namely canoeing and angling, with public access paths (Application No. 07/02026/CMA).

1.2 The main issues raised by this proposal are those of potential flooding and traffic amenity. However, the Highways Authority and the Environment Agency have no objection to the proposal.

1.3 Opportunities to improve ecological value and enhance public access via foot/cycle paths can be ensured through appropriate conditions. A Section 106 Agreement can be used to create a continuous path south of the River Blackwater and to prevent the local highway network from becoming overloaded by guaranteeing that no development commences on the neighbouring land until the application site is completed.

1.4 On balance as the amenity impacts can be managed to ensure safety and minimise disturbance it is considered that the development would be of benefit to the local residents and enhance the local environment. It is recommended that planning permission be granted subject to conditions and a Section 106 Legal Agreement.

2. Recommendation

That planning permission for restoration of lake in former gravel workings, for recreational use including a new causeway to divide the existing lake into two lakes, one for fishing and one for canoeing at River Valley Lake, east of Sandhurst Road, Yateley, be granted for the following reason, subject to conditions set out in Appendix 1 and a Section 106 Legal Agreement detailing compliance with the neighbouring land to the west, in terms of the footpath south of the river linking up with that on the application site and no development commencing on the neighbouring land until the application site is completed.

Reason for Approval

It is considered that the proposal would be in accordance with the development plan (summary attached as Appendix 2), 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.

3. Site and Proposal

3.1 The site known as River Valley Lake is situated east of Sandhurst Road and north of Reading Road. It is accessed off Sandhurst Road via two existing haul roads. The site area, excluding the haul road, is 10.3 hectares including a lake of 7.2 hectares which has a depth of between 3 metres to 7 metres and contains a small island of 0.19 hectares.

3.2 The land neighbouring the application site to the west benefits from an outline permission for leisure facilities (04/02870/AMCON); however a recent detailed application has been refused. There is also an outstanding appeal (02/00235/OUTLINE) for the redevelopment of the site for business and leisure use.

3.3 It is proposed to remodel the lake to make it suitable for the provision of water-based activities, namely canoeing and angling. A narrow earth causeway will separate the two functions. This will involve the importation of approximately 100,000 cubic metres of uncontaminated earth spoils and soils.

3.4 Shallow shelving on the margins of the lake is proposed. This will act as a break between the banks and the deeper water, creating a more stable and safer river bank.

3.5 Public access is to be provided by footpaths and cycleways around the lake and south of the River Blackwater. There is to be no parking provision for public visitors or sport users on-site.

4. Development Plan

4.1 The Hampshire Minerals and Waste Core Strategy:

Policy DC3 - Impact on Landscape and Townscape, Policy DC7 - Biodiversity, Policy DC11 - Flooding and Policy DC14 - Landfill.

4.2 Hart District Local Plan (Replacement) 1996-2006:

Policy GEN 1- General Policy for Development and Change of Use, GEN 3- Landscape Character Areas, GEN 11- Proposals In Areas Affected By Flooding And Poor Drainage and CON 20-Blackwater Valley.

5. Consultations

5.1 Hart District Council objects on traffic amenity grounds.

5.2 Environmental Health Officer (Hart District Council) has no comment.

5.3 Environment Agency raises no objection subject to management condition.

5.4 Highway Authority raises no objection subject to traffic conditions and recommends Section 106 Agreement to ensure development to the west does not occur at the same time.

5.5 Yateley Town Council raises objection on possible flooding and traffic grounds.

5.6 Surrey County Council has no comment.

5.7 The Yateley Society raises objection on three issues:

(i) That the site is reliant for car parking and access via the site to the west, which is yet to be approved; and therefore there should be a single planning application for the whole site;

(ii) traffic amenity issues and highway safety; and

(iii) concern over unsuitable material used for infill.

5.8 Bracknell District Council has been informed.

5.9 Councillor Collett has been informed.

6. Representations

6.1 There has been one letter of objection on traffic safety grounds received from a local resident.

7. Commentary

7.1 The main issues raised by this proposal are those of potential flooding and traffic amenity. Yateley Town Council and the Yateley Society have raised objection on the grounds of traffic amenity. Hart District Council shares the view of unacceptable traffic increase for local residents.

7.2 However, the Highways Authority has no objection to the proposal. It is accepted that there will be high levels of traffic generated from this site, about 10,000 to 15,000 deliveries for a duration of approximately 12 months. This would give an average of a maximum six deliveries an hour.

7.3 The safety of the local highways network has been thoroughly considered. Several conditions will enforce the use of a `one-way' system on and off site, viability splays, signage, road condition survey and mud prevention.

7.4 The amenity of the residents can be protected through a lorry limit and restricted working hours conditions.

7.5 Yateley Town Council also raised concern over the potential increase in flooding of the area as a result of the proposal. This has been noted, however, the Environment Agency has raised no objection, subject to a management plan being submitted, approved and implemented.

7.6 Improvements to the local ecology and amenity of the site can be ensured through a management plan required by condition. This plan will cover a number of activities, including enhancing the ecology of the area by planting, weeding, arboriculture survey and fish management; and improving public amenity of the site via maintenance of pathways and litter control of use of lake - to avoid pollution, rubbish or damage.

7.7 The opportunity to enhance public access via foot/cycle paths has been ensured through appropriate conditions and approved plans, and a Section 106 Agreement can be used to create a continuous path south of the river Blackwater thorough this application site and the neighbouring land to the west.

7.8 The complex relationship of the application site and the adjacent land to the west has been taken into account. Yateley Society raised the issue that there is currently no parking provision included in the application, and it is presumed that the neighbouring site would be providing this. As there is no development yet approved in detail, to rely on the adjacent site can be considered premature. Taking this into account, and to prevent disturbance to local residents from potential parking issues, a condition has been attached to address temporary parking provision on site. Moreover, a Section 106 Agreement will guarantee that no development commences on the neighbouring land until the application site is completed, to prevent the local highway network from becoming overloaded.

7.9 The Yateley Society raised concern over the type of material to be used in the infill process. The requirements of the Waste Management Licence and the ability of monitoring the materials brought on site, via condition, will ensure that there is no adverse impact on the environment.

7.10 On balance it is considered that the development would be of benefit to the local residents and enhance the local environment. The amenity impacts will be managed to ensure safety and minimise disturbance. It is recommended that planning permission be granted subject to conditions and a Section 106 Legal Agreement.

1513/KS

APPENDIX 1

Conditions

Commencement

(1) The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To comply with Section 91(as amended) of the Town and Country Planning Act 1990.

Hours of Working

(2) Unless otherwise agreed in writing by the Waste Planning Authority no heavy goods vehicles shall enter or leave the site via the access/egress haul roads and no plant or machinery shall be operated except between the following hours: 0730-1800 Monday to Friday and 0730-1400 on Saturday. There shall be no working on Sunday or recognised public holidays.

Reason: In the interests of local amenity.

Highways

(3) Details of measures to be taken to prevent mud and spoil from vehicles leaving the site being deposited on the public highway shall be submitted to and approved in writing by the Waste Planning Authority. These measures shall be implemented before the development commences and thereafter maintained for the duration of the development.

Reason: In the interests of highway safety.

(4) Access to the site shall be from the northern site access and egress from the southern site as shown on Drawing 602.08 revA. No development traffic shall at any time exit the site from the northern site access.

Reason: In the interests of highway safety.

(5) The access/egress signage scheme, as approved on Drawing 602.08 rev A, shall be implemented prior to commencement of the development and maintained in good order until the use of the access/egress ceases.

Reason: In the interests of highway safety.

(6) The visability splays of 4.5 metres x 90 metres scheme, as approved on Drawing 602.08 rev A, shall be implemented prior to commencement of the development at the southern site egress. The visability splays shall be maintained in good order until the use of the access/egress ceases.

Reason: In the interests of highway safety.

(7) The number of HGVs entering and exciting the site shall not exceed 120 movements a day. (A vehicle entering and exiting the site is classed as two movements.) Records of all HGVs accessing and egressing the site shall be kept at all times and made available to the Waste Planning Authority on request.

Reason: To restrict the level of HGV traffic generation and minimise disturbance.

(8) Prior to implementation of development, a Condition Survey of the local highway network, including Sandhurst Road, shall be undertaken and submitted to the Waste Planning Authority. Upon cessation of the development, any remedial works to the local highway network made necessary as a result of the site traffic as reasonably required by the Waste Planning Authority shall be undertaken to the satisfaction of Waste Planning Authority.

Reason: In the interests of highway safety.

(9) Prior to the commencement of the development, details of the width, alignment, gradient and construction of the haul road access from Sandhurst Road to the lake shall be submitted to and approved in writing by the Waste Planning Authority. Prior to the commencement of the development the approved scheme shall be provided to the satisfaction of the Waste Planning Authority. Upon completion of the lake restoration the haul roads shall be restored to their former condition.

Reason: To ensure satisfactory road access is provided.

(10) Details of the construction compound, including provision to be made for the parking and turning on-site of operatives' and construction vehicles during the restoration period shall be submitted to and approved by the Waste Planning Authority in writing and fully implemented before development commences. Such measures shall be retained for the duration of the lake restoration period.

Reason: In the interests of highway safety.

(11) Should the use hereby permitted be open and available for public use prior to the completion of the leisure use on the adjacent site (DEV21), details for the provision of temporary site car parking shall be submitted to and approved by the Waste Planning Authority in writing before the development hereby permitted is brought into use. On completion of the leisure use on the adjacent site, the permitted temporary parking shall be removed and returned to its original use to the satisfaction of the Waste Planning Authority.

Reason: To make proper provision for off-street parking.

Nature Conservation

(12) Prior to commencement of development a long-term management scheme for both the recreational use and environmental features of the lake and its surrounding habitat shall be submitted to and approved in writing by the Waste Planning Authority. The scheme will be implemented and approved and shall be maintained for a duration of five years.

Reason: In the interests of local amenity and ecological improvement.

(13) The imported soils and subsoils shall be in accordance with the Waste Management Licensing regulations. All soils will be uncontaminated and free of litter (eg paper, wood and plastics) and putrescible or biodegradable matter.

Reason: In the interests of the local environment.

APPENDIX 2

Annexe to Reason for Condition

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

(General Procedure) Order 1995 - as amended)

__________________________________________________________________

Hampshire Minerals and Waste Core Strategy

Policy DC3 - Impact on Landscape and Townscape

Minerals and waste development will only be permitted if due regard is given to the likely visual impact of the proposed development and its impact on, and the need to maintain and enhance, the distinctive character of the landscape or townscape. If necessary, additional design, landscaping, planting and screening, including planting in advance of the commencement of the development, should be proposed.

Policy DC7 - Biodiversity

Minerals and waste developments will only be permitted if due regard is given to the likely effects of the proposed development on biodiversity and, where possible, proposals should conserve and enhance biodiversity. Development likely to adversely impact upon `regionally or locally designated sites or protected species' - designated in adopted Local Plans or Local Development Frameworks - (including Sites of Importance for Nature Conservation (SINCs), Species of Principle Importance for Biodiversity, Regionally Important Geological Sites and Local Nature Reserves) shall only be permitted if the merits of development outweigh the likely impact.

Policy DC11 - Flooding

Minerals and waste development will only be permitted if due regard is given to flooding, flood risk, flood mitigation, sustainable drainage measures and where appropriate the need for Flood Risk Assessments. Waste management development including landfill in flood risk zones 3a and 3b, and mineral extraction in flood risk zone 3a, or where, by virtue of the proposal's nature or location there is an unacceptable risk of off-site flooding, will not be permitted.

Policy DC14 - Landfill

Planning permission will be only be granted for landfill provided the site:

a. Is identified for landfill use, as part of the restoration of a mineral site, in the Hampshire Minerals Plan, or pending its adoption is an existing or proposed unrestored mineral void, and in the case of non-hazardous landfill is within the non-hazardous landfill potential area shown on the Key Diagram, and

b. Appropriate provision is made for the pre-treatment or sorting of waste, either on or off site, to substantially reduce its biodegradable and recyclable content, and

c. It does not pose an unacceptable environmental risk, including risk to groundwater, and

d. It is close to, and with good access to, the minerals and waste lorry route, as shown on the Key Diagram.

Hart District Local Plan (Replacement) 1996-2006

General Policy for Development and Change of Use

GEN 1 proposals for development which accord with other proposals of this plan will be permitted where they:

(i) Are in keeping with the local character by virtue of their scale, design, massing, height, prominence, materials, layout, landscaping, siting and density;

(ii) Avoid any material loss of amenity to existing and adjoining residential, commercial, recreational, agricultural or forestry uses, by virtue of noise, disturbance, noxious fumes, dust, pollution or traffic generation;

(iii) Cause no material loss of amenity to adjoining residential uses, through loss of privacy, overlooking or the creation of shared facilities;

(iv) Do not constitute ribbon or sporadic development, unrelated to existing patterns of settlement within the District;

(v) Include provision for the conservation or enhancement of the District's landscape, ecology and historic heritage and natural resources;

(vi) Where the public would reasonably expect to use the building, provide suitable access for people with impaired mobility, including those confined to wheelchairs;

(vii) Have adequate arrangements on site for access, servicing or the parking of vehicles;

(viii) Do not give rise to traffic flows on the surrounding road network, which would cause material detriment to the amenities of nearby properties and settlements or to highway safety;

(ix) Do not create the need for highway improvements which would be detrimental to the character and setting of roads within the conservation areas or rural lanes in the District;

(x) Do not lead to problems further afield by causing heavy traffic to pass through residential areas or settlements, or use unsuitable roads;

(xi) Include provision for any necessary improvements to infrastructure and utilities resulting from the development;

(xii) Take account of the proximity of overhead cables and power lines;

(xiii) Avoid the installation of lighting, which is visually damaging to the character of the area.

Landscape Character Areas

GEN 3 Within the landscape character areas, as indicated below and shown on the proposals map, development will be permitted if it does not adversely affect the particular character of the landscape, and is in accordance with other policies of this plan.

1. Wellington

2. Tylney

3. Bartley

4. Whitewater Valley

5. Blackwater Valley

6. Firgrove

7. Bramshill

8. Hazeley/West Green

9. Winchfield

10. Dogmersfield

11. Hart Valley

12. Minley

13. Tweseldown

14. Redlands

15. Hart Downs

Proposals In Areas Affected By Flooding And Poor Drainage

GEN 11 Development in areas liable to flood, or which would unacceptably increase the risk of flooding on other land, will not be permitted, unless appropriate and satisfactory alleviation or mitigation measures are included.

CON 20 Within the Blackwater gap between the Blackwater Valley towns and the county boundary, permission will not be granted for development which would diminish the gap physically or visually, in order that the setting and separate identity of settlements on either side of the county boundary are retained. proposals that retain the open nature of the Blackwater Valley, promote recreation as its primary use and have no detrimental effect on ecology or landscape will be permitted.