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

1. Summary

1.1 Planning permission is sought to improve the drainage of a four hectare agricultural field through the importation of inert waste to increase gradients at Raglington Farm, Shedfield.

2. Recommendation

That permission for agricultural improvement by infilling with inert wastes at Raglington Farm, Shedfield (Application No. 07/02980/HCS W16956/07) (County Council Ref: WR105) be granted (as revised February 2008) subject to conditions in Appendix 1, for the following reason:

Reason for Approval

It is considered that whilst the proposal would be a departure from the development plan (summary attached in Appendix 2) there is an agricultural need for the development and it is considered it 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, as shown on the attached plan, extends across 4.1 hectares of agricultural land located due south of the existing agricultural access from the A334 Botley Road that once served Raglington Farm landfill.

3.2 The site lies within an agricultural holding of approximately 170 hectares and would be accessed via the existing agricultural access off the A334 Botley Road.

3.3 The northern and eastern boundaries of the site are formed by an existing agricultural track; the western boundary by a trimmed hedgerow and the southern boundary by a continuation of the site's agricultural field. The site itself appears of even gradient east to west but falls to the south and is waterlogged. A topographical survey reveals that the high point is in the north-eastern corner of the site at 37 metres Above Ordnance Datum (AOD); the north-west corner at 35 metres AOD; the south-west corner at 33 metres AOD and the south-east corner at 33.8 metres AOD.

3.4 The site was last cropped in 1992 and has since been set aside under the Common Agricultural Policy (CAP). The adjoining agricultural land to the south rises up in a southwards direction. The nearest residential properties to the site are Oakes Farm House, approximately 140 metres to the north-west on the opposite side of the A334, and Hall Court, approximately 200 metres to the west, where approximately 12 families reside.

3.5 The applicant states that it is likely that set aside will be abolished following the proposed CAP health check in 2008 and he therefore considers that, due to changing European legislation combined with changes in UK farming practices, it will be necessary to prepare the land for future agricultural harvests as part of the total agricultural holding.

3.6 Approximately 800 metres to the north lies a tributary of the River Hamble. Curdridge Stream lies approximately 700 metres to the south. The nearest public Right of Way is approximately 160 metres to the north of the site on the opposite side of the A334. There are no statutory ecological designations within the site boundary. The Crooked Row Site of Importance for Nature Conservation (SINC) lies adjacent to the eastern boundary of the site separated from it by the agricultural track and a drainage ditch. The Botley Wood and Everett's Mushes Copses Site of Special Scientific Interest (SSSI) lies approximately two kilometres to the south.

3.7 The applicant has re-submitted the scheme with an extended Phase 1 habitat survey and Protected Species survey to demonstrate that the development would not have an adverse impact on the ecology of the area. The applicant has also submitted reports on hydro-geological aspects and agricultural circumstances and a landscape and visual impact appraisal. The hydro-geological report, which looks at whether it would be possible to install under drainage or to achieve improved drainage through use of just primary soil, states that use of primary soils is considered unsustainable; that there are no suitable drainage gradients and the clay-like soil is impermeable. It is concluded that if there were new drains laid it is unlikely that the surplus moisture would ever reach the drains.

3.8 It was initially proposed to import approximately 59,000 cubic metres of clean inert material to raise the land around the north-east corner by two metres to 40 metres AOD. This has since been revised so now the highest contour is 38 metres AOD. This means that less waste would be imported to the site, ie approximately 43,000cubic metres. This would reduce the time period for filling from 12 months to 9 months, although the applicant states that, weather permitting, it may be possible to complete tipping within 6 months. The 38 metre contour is the highest contour at the end of final restoration, which would include the replacement of approximately 300 millimetres of stripped topsoils and 700 millimetres of subsoils.

3.9 The site would be worked progressively in a northerly direction involving approximately 17 lorry loads a day accessing the site.

3.10 Hours of operation would be 0800 to 1800 Monday to Friday and 0800 to 1300 on Saturday. There would be no operations on Sunday or public holidays.

3.11 The applicant states that PPS7, in particular paragraph 27, states that policies should:

"support development proposals that will enable farming and farmers to:

(i) become more competitive, sustainable and environmentally friendly;

(ii) adapt to new and changing markets;

(iii) comply with changing legislation and associated guidance;

(iv) diversify into new agricultural opportunities; or

(v) broaden their operations to add value to their primary produce."

4. Planning History

4.1 In 1991 planning permission was granted at Raglington Farm (adjacent to the application site) for the re-contouring and restoration of agricultural land to achieve an agricultural improvement. In the early 1990s land at the Wickham Vineyard to the west of Raglington Farm was also re-contoured using inert waste. Last year an application was submitted and withdrawn as it was recommended for refusal as being contrary to policy and did not have supporting information.

5. Development Plan

5.1 Hampshire Minerals and Waste Core Strategy Policies S6 and DC14 concern land raising; DC3 (Landscape); DC6 (Highways); DC7 (Biodiversity); DC8 (Pollution); DC12 (Restoration and Aftercare) also apply.

6. Consultations

6.1 The local Member, Councillor Felicity Hindson, has been informed of the proposal.

6.2 Shedfield Parish Council objects to the application as there have been no amendments since the proposal submitted last year. There would be amenity impacts of dust, noise and pollution from traffic and lighting. No consideration has been given to the listed buildings 200 metres away; alternative methods of drainage should be sought.

6.3 Winchester City Council raises no objection to the proposal subject to a landscape condition to improve the hedgerow on the western boundary of the site.

6.4 The Environmental Health Officer (Winchester City Council) raises no objections to the proposal subject to conditions to restrict hours of operation and to protect against noise and dust.

6.5 The Environment Agency raises no objections to the proposal.

6.6 The Highways Authority raises no objections to the proposal subject to localised trimming of vegetation within the visibility splays.

7. Representations

7.1 There have been three letters of support from: a local business on Botley Road; a resident of Botley Road; and the National Farmers' Union (NFU). The local resident supports the application provided it does not extend beyond the one year initially proposed and if possible the access splay could be improved onto the A338. The NFU endorses the findings of the applicant's hydro-geological/agricultural report submitted with the application.

7.2 Four letters of objection have been received from two residents (Hall Court and St James Lane, Shedfield); Hall Court Residents' Association; and the Shedfield Society, on grounds of noise, dust and disruption, including traffic and mud on the road. Raglington Farm and Wickham Vineyard landfill, it is noted, went on for many years, causing amenity impacts, and the County Council had a poor record of enforcement and monitoring these sites.

8. Commentary

8.1 Policy S6 of the Hampshire Minerals and Waste Core Strategy provides criteria for the acceptable use of non-recyclable inert waste in civil engineering or infrastructure projects, or beneficially at the site of production. However, paragraph 18.15 of the Strategy states that inert landfilling for agricultural improvement does not count as a civil engineering or infrastructure project, and is therefore unlikely to meet the requirements of Policy S6.

8.2 However, the proposal is supported by assessments, which conclude that landraising with inert waste will achieve an agricultural improvement to approximately four hectares of land, raising its Agricultural Land Classification from grade 4 (poor) to grade 3b (moderate). Moreover, site assessment and reports submitted by the applicant provide evidence that there is a drainage problem at the site and that this, because of the local geology, is most appropriately dealt with by way of surcharging levels with inert material.

8.3 The concerns of local residents and the Parish Council about environmental disturbance are understood, as are the references to the time taken to finish the Raglington Farm landfill. However, it is considered that this proposal should not be directly compared to Raglington Farm landfill in that this a short-term operation across four hectares required to improve drainage. Concerns regarding enforcement are noted and the County Council does monitor all waste permissions and responds to complaints. However, it can only intervene when breaches of planning control occur. Not all incidents amount to a breach but the Council invariably intervenes when it occurs.

8.4 To conclude, the development is a departure from the development plan policy but it is considered that there is demonstrated agricultural need and on balance it is considered that the application should be approved. Accordingly it is recommended that permission be granted for the revised plans with a maximum level of 38 AOD, subject to conditions.

1569/JD

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.

Timescale

(2) The tipping operations hereby permitted shall cease on or before 31 December 2008 and the site shall be restored in accordance with the restoration scheme approved under Condition (11) within a further period of six months or such longer period as the Waste Planning Authority may approve in writing. The maximum level including topsoil shall not exceed the level of 38 metres AOD.

Reason: To minimise the duration of disturbance from the tipping operations, taking into account business uncertainty and site preparation.

Working Programme

(3) Unless otherwise agreed in writing by the Waste Planning Authority, the working of the site shall be carried out only in accordance with the working scheme, programme and drawing number RFE/E008293/SST/01 submitted with the application.

Reason: To enable the Waste Planning Authority to adequately control the development and to minimise its impact on the amenities of the local area.

Hours of Working

(4) Unless otherwise agreed in writing by the Waste Planning Authority, no heavy goods vehicles shall enter or leave the site and no plant or machinery shall be operated except between the following hours: 0800-1800 Monday to Friday and 0800-1300 Saturday. There shall be no working on Sunday or recognised public holidays.

Reason: In the interests of local amenities.

Landscape

(5) Prior to commencement of operations a scheme for additional hedgerow planting and a plan showing a six metre buffer zone to be managed as part of Environmental Stewardship scheme/ ecologically senstive management post restoration shall be submitted to the Waste Planning Authority for approval in writing and thereafter implemented in accordance with such approval. Any trees or shrubs which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. The scheme shall be implemented as approved.

Reason: In the interests of visual amenity.

Protection of Water Environment

(6) Prior to tipping commencing details of location size/depth of drainage ditches shall be submitted to the Waste Planning Authority for approval in writing. The scheme shall be implemented as approved.

Reason: To ensure adequate drainage of the site.

Noise, Dust and Odour

(7) All vehicles, plant and machinery operated within the site shall be maintained in accordance with the manufacturers' specification at all times, and shall be fitted with and use effective silencers.

Reason: To minimise noise disturbance from operations at the site.

(8) Prior to commencing operations details of dust suppression measures shall be submitted to and approved by the Waste Planning Authority in writing. The approved measures shall be implemented for the duration of the development.

Reason: In the interests of local amenities.

Storage

(9) All soils stripped from the site shall be stored for re-use in restoration in the location on the southern boundary shown on Plan Number RFE/E008293/SST/01 to no higher than three metres. No soil shall be stored within two metres of any hedgerow.

Reason: To protect the amenities of the area.

Restoration

(10) All topsoil and overburden stripped from the areas to be excavated shall be removed and stored separately before operations commence for use in site restoration. Topsoil shall only be handled when dry and friable. Following tipping and during restoration, overburden shall be replaced and graded in accordance with the final levels hereby approved, and ripped using a winged tine subsoiler. The overburden shall in turn be covered with the topsoil in original sequence and to even depths.

Reason: To ensure the satisfactory restoration of the land to agriculture.

(11) The site shall be restored to agriculture in accordance with the approved scheme as detailed in revised plan of 4 February 2008.

Reason: To ensure the satisfactory restoration of the land to agriculture.

After-Care

(12) After-care of the site shall take place for a period of five years in accordance with the outline scheme submitted in the agrucultural report of Dr Stuart Macrae in accodance with a detailed scheme to be agreed in writing by the Waste Planning Authority, beginning when restoration is completed in accordance with Condition (2) above. There shall be an annual aftercare meeting to take place over the five year aftercare period with the Waste Planning Authority to monitor the progress of aftercare and restoration.

Reason: To ensure the satisfactory restoration of the site.

Highways

(13) Prior to commencment of the development details of location and type of wheel cleaning facilities shall be submitted to the Waste Planning Authority for approval and thereafter all lorries shall have their wheels satisfactorily cleaned before entering the public highway.

Reason: In the interests of highway safety.

(14) During implementation of the develoment the shrubbery either side of the access to the public highway shall be trimmed ensuing that adequate visibility splays in accordance with BS Standard are kept clear of vegetation.

Reason: In the interests of highway safety.

(15) All lorries entering the site shall be fully sheeted.

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

Nature Conservation

(16) All soil stripping operations shall be completed before 31 March 2008 to guard against protected species such as skylarks and reptiles nesting on the site from April-October unless otherwise agreed beforehand in writing by the Waste Planning Authority.

Reason: To ensure the well-being of birds and reptiles protected by the Wildlife and Countryside Act 1991.

(17) Within three months of the start of this development, a scheme for enhancing the biodiversity of the field, including a nature conservation buffer zone along one or more boundaries of the site shall be submitted to the Waste Planning Authority for approval in writing and thereafter implemented in accordance with such approval.

Reason: To increase the biodiversity of the area.

APPENDIX 2

Annexe to Reasons 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 DPD 2007

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 un-restored 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.

Policy S6 - Landfill

During the period to 2020, up to 5.3 million tonnes of non-hazardous landfill capacity will be provided within the Landfill Potential Area shown on the Key Diagram. By 2015, the landfilling of untreated municipal waste will cease. Where technically and environmentally appropriate, non-hazardous landfill void will be conserved by the reuse of inert daily cover materials, or the use of alternative daily cover materials.

During the period to 2020, 18.5 million tonnes of non-recyclable inert waste will be used:

a. in restoring mineral excavations and for landfill engineering, or

b. for civil engineering and other infrastructure projects, or

c. beneficially at the site of production.

Additionally, provision for London's landfill requirements post 2016 will be considered by a review of the Strategy.