Archived decisions

Decision Maker:

Regulatory Committee

Date of Decision:

14 January 2009

Decision Title:

Applicant: Mr Piers Ockenden, Raglington Farm Limited

Variation of Condition 2 of planning permission 07/02980/HCS-W16956/07 to extend the time limit for tipping operations at Raglington Farm, Botley Road, Shedfield (Application No. 08/02519/HCS)
(County Council Ref: WR105)

Decision Reference:

461

Report From:

Head of Planning and Development, Environment Department

Contact name:

Kristina King

Tel:

01962 846496

Email:

[email protected]

EXECUTIVE SUMMARY

1) Background:

1.1. Planning permission is sought for the variation of Condition 2 of 07/02980/HCS-W16956/07 to extend the time limit for tipping operations at Raglington Farm, Shedfield.

1.2. Planning permission was granted in March 2008 for the proposed agricultural improvement by infilling with inert wastes.

1.3. This permission was a departure from the development plan, however it was concluded that there was an agricultural need for the development and it was 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.

1.4. Tipping did not commence until September 2008 owing to delays in acquiring an `exemption' from Environmental Permitting from the Environment Agency. This delay, along with bad weather conditions, has led to only partial completion of the tipping. An extension of time is sought to enable the completion of the tipping and restoration during the summer months.

2) Issues:

2.1. The main concerns raised from both statutory consultees and local residents are the condition of the roads and highway safety. Current workings at the site show that sufficient cleaning of the lorries before they exit onto the highway is not being carried out.

2.2. There is an agricultural need for this development; as a result the site should be fully restored to high quality agricultural land.

3) Recommendation:

3.1. That permission for a variation of Condition 2 of planning permission 07/02980/HCS-W16956/07 to extend the time limit for tipping operations at Raglington Farm, Botley Road, Shedfield (Application No. 08/02519/HCS) (County Council Ref: WR105) be granted for the following reasons, subject to the conditions set out in Appendix 1.

4) Reasons for Decision:

4.1. The proposal for an extension in time is necessary for the completion of returning this field to agricultural land, as there is an agricultural need for the development.

4.2. The Highways Authority has recommended a stringent condition requesting improved vehicle cleaning facilities, which will meet the concerns of local residents.

4.3. 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.

1) Site and Proposal:

1.1. 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.

1.2. 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. Prior to planning permission 07/02980/HCS-W16956/07 being granted, a topographical survey revealed the high point of 37 metres Above Ordnance Datum (AOD) to be in the north-east corner, which gently sloped down to a low of 33 metres AOD in the south-west corner and 33.8 metres AOD in the south-east corner. The nearest houses to the site are located on the opposite side of the A334 at Oakes Farm House, approximately 140 metres to the north-west and Hall Court, approximately 200 metres to the west. The nearest Public Right of Way is approximately 160 metres north of the site, on the opposite side of the A334. Within approximately 800 metres of the application site lies a tributary of the River Hamble. Curbridge Stream lies approximately 700 metres to the south. 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 and Mushes Copses Site of Special Scientific Interest (SSSI) lies approximately 2 kilometres to the south.

1.3. Planning permission was originally sought to improve the drainage of the four hectare agricultural field, through the importation of inert waste to increase gradients. Prior to this planning application, the site was used for set aside under the Common Agricultural Policy (CAP). At the time of this application, European Legislation and changes in UK farming practices meant that it was necessary to prepare this field for future agricultural harvests as a part of the total agricultural holding.

1.4. The planning permission 07/02980/HCS-W16956/07 was conditioned for completion in December 2008. However after issuing the permission on 13 March 2008, delays were incurred in acquiring the `exemption' from Environmental Permitting, due to the need to meet the requirements of the Environment Agency. The exemption was required before allowing tipping on site, consequently infilling did not begin until September 2008. A variation of Condition 2 is required to extend the time limit for tipping and restoration.

2) Planning History:

2.1 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. The access route used for this permission was retained and used for the planning permission 07/02980/HCS-W16956/07 granted on 13 March 2008 for the agricultural improvement by infilling with inert wastes at Raglington Farm.

3) Development Plan:

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

4) Consultations:

4.1. The local Member, Councillor Felicity Hindson, raises no objection to the proposal as she believes it is important this site is brought back to agricultural land as soon as possible. Councillor Hindson would like to see conditions imposed so that minimum disturbance and inconvenience to the site's neighbours.

4.2. Winchester City Council - no comments received.

4.3. The Environmental Health Officer (Winchester) raises no objection to the proposal.

4.4. The Environment Agency raises no objection to the proposal as long as the site activities comply with the conditions of the Environmental Permit exemption. If tipping continues through the winter months, it asks for permanent on-site measures to be put in place to prevent material being tracked onto the highway.

4.5. The Highways Authority raises no objection subject to a condition detailing improved measures to be taken to prevent mud being deposited on the highway.

4.6. Shedfield Parish Council has no comments to make.

4.7. The Shedfield Society - no comments received.

5) Representations:

5.1. Two letters of objection have been received from local residents (Hall Court and Botley Road, Shedfield). Whilst it is acknowledged that there is an important need to return this parcel of land back to agricultural use, objections have been made on the grounds:

(i) the need for the extension of time;

(ii) traffic;

(iii) mud on the road;

(iv) highways safety;

(v) noise;

(vi) disruption; and

(vii) dust.

6) Commentary:

6.1. The previous application 07/02980/HCS-W16956/07 was approved on 13 March 2008 for the agricultural improvement by infilling with inert wastes at Raglington Farm Estate. The timescale initially planned was severely delayed by the issuing of the exemption from Environmental Permitting. This resulted in tipping not beginning until September 2008. The current application solely seeks to vary Condition 2, by extending the completion of tipping date to 28 August 2009, in line with the termination of the exemption from Environmental Permitting registered with the Environment Agency.

6.2. The development at this site needs to be completed and fully returned to an improved grade of agricultural land, raising the field's agricultural classification from a grade 4 (poor) to grade 3b (moderate).

6.3. During the working of the site to date, complaints have been received regarding the condition of the roads and highway safety. As a result, the Highway Authority has suggested a more stringent condition requesting submission and approval of details of improved measures to prevent mud from vehicles leaving the site during the operations. These measures would be retained for the duration of the operations. No concerns have been raised by the Highway Authority in relation to the signage or entrance or exit arrangements.

6.4. To conclude, the previous permission granted conditioned a completion date of 31 December 2008. Due to delays incurred an extension of time is necessary. It is of general consensus that this development needs to be completed to enhance the level of agricultural land with improved drainage. However, concerns have been raised regarding highway safety. It is considered that, with the conditions in Appendix 1, these concerns have been adequately met. On balance it is considered that the application should be approved.

Section 100 D - Local Government Act 1972 - background documents

The following documents discuss facts or matters on which this report, or an important part of it, is based and have been relied upon to a material extent in the preparation of this report.

(NB: the list excludes published works and any documents which disclose exempt or confidential information as defined in the Act.)

Document

Location

Variation of Condition 2 of planning permission 07/02980/HCS-W16956/07 to extend the time limit for tipping operations at Raglington Farm, Botley Road, Shedfield
(Application No. 08/02519/HCS)
(County Council Ref: WR105)

Environment Department
Castle Avenue
Room G, Lower Ground Floor

CONDITIONS:

Timescale:

1) The tipping operations hereby permitted shall cease on or before 28 August 2009 and the site shall be restored in accordance with the restoration scheme approved under Condition 11 of planning permission 07/02980/HCS-W16956/07 within a further period of two months or such longer period as the Waste Planning Authority may approve in writing.

Reason: To minimise the duration of disturbance from the tipping operations.

Working Programme

2) 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/A submitted with planning permission 07/02980/HCS-W16956/07.

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

3) 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 amenity.

Landscape

4) Any trees or shrubs which, within a period of five years from the date of any additional hedgerow 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 submitted and approved on 11 September 2008 for planning permission 07/02980/HCS-W16956/07 shall continue to be implemented as approved.

Reason: In the interests of visual amenity.

Protection of Water Environment

5) The location size/depth of drainage ditches illustrated on drawing RFE/E008923/DIT/01 and agreed on 22 May 2008 by the Waste Planning Authority under planning permission 07/02980/HCS-W16956/07 shall be implemented as approved.

Reason: To ensure adequate drainage of the site.

Noise, Dust and Odour

6) 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. Machinery and lorries operating on the site shall use and be fitted with 'white' noise type of reversing alarms.

Reason: To minimise noise disturbance from operations at the site, in the interests of nearby residents.

7) Dust supression measures approved by the Waste Planning Authority on 15 May 2008 of planning permission 07/02980/HCS-W16956/07 shall be implemented for the duration of the development.

Reason: In the interests of local amenities.

Storage

8) All soils stripped from the site shall be stored for re-use in restoration at the location on the southern boundary shown on Plan number RFE/E0008293/SST/01/A as approved in planning permission 07/02980/HCS-W16956/07 to no higher than three metres. No soil shall be stored within two metres of any hedgerow and no soils shall be exported from the site - all soils shall be used in the restoration of the site subject of this permission.

Reason: To protect the amenities of the area.

Highways

9) During implementation of the development the shrubbery either side of the access to the public highway shall be trimmed to one metre above ground level to ensure that adequate visibility splays in accordance with BS Standard are kept clear of vegetation.

Reason: In the interests of highway safety.

10) Details of improved measures to prevent mud from vehicles leaving the site during the operations being deposited on the public highway shall be submitted to and approved by the Waste Planning Authority in writing and fully implemented prior to the importation of any further material in accordance with this permission. Such measures shall be retained for the duration of the operations.

Reason: In the interests of highways safety.

11) All lorries entering the site shall be fully sheeted.

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

Nature Conservation

12) 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 acordance with such approval.

Reason: To increase the biodiversity of the area and comply with Policy DC7 - Biodiveristy of the Hampshire Minerals and Waste Core Strategy.

Restoration

13) All topsoil and overburden already stripped from the excavated areas shall continue to be stored separately 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 approved in planning permission 07/02980/HCS-W16956/07, 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.

14) The site shall be restored to agriculture in accordance with the approved scheme as detailed in Plan RFE/E008293/SST/01/A and RFE/E008293/RES/03 approved in planning permission 07/02980/HCS-W16956/07.

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

After-Care

15) After-care of the site shall take place for a period of five years in accordance with the outline scheme submitted in the agricultural report of Dr Stuart Macrae - planning permission 07/02980/HCS-W16956/07 - in accordance with a detailed scheme previously agreed 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 land to agriculture.

HAMPSHIRE MINERALS AND WASTE CORE STRATEGY DPD 2007

Policy DC14 - Landfill

Planning permission will 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.

Policy DC3 - Impact on Landscape and Townscape

Minerals and waste development will only be permitted if due regard 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 DC6 - Highways

Major mineral extraction, landfills and `strategic' recycling, aggregate processing and recovery and treatment facilities, will be permitted they have a suitable access to and / or route to the minerals and waste lorry route as illustrated on the Key Diagram.

In all cases, minerals and waste development will only be permitted if it pays due regard to the likely volume and nature of traffic that would be generated by the proposal and the suitability of the proposed access to the site and of the road network that would be affected. Consideration should be given to highway capacity, road and pedestrian safety, congestion and environmental impact, and whether any highway improvements are required and whether these could be carried out satisfactorily without causing unacceptable environmental impact.

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 of protected species' - designated in adopted Local Plans or Local Development Frameworks - (including Sites of Importance for Nature Conservation (SINCs), Species of Principal 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 DC8 - Pollution, health, quality of life and amenity

Minerals and waste development will only be permitted if due regard is given to the pollution and amenity impacts on the residents and users of the locality and there is unlikely to be an unacceptable impact on health and / or the quality of life of occupants of nearby dwellings and other sensitive properties. Where necessary minerals and waste developments should include mitigation measures, such as buffer zones between the site and such properties.

Policy DC12 - Restoration and Aftercare

Mineral extraction, landfill and other appropriate developments will not be permitted unless there is satisfactory provision for the restoration of the site, within a reasonable timescale, for an after use consistent with the general planning objectives of the area.

The restoration and after care of sites should seek to meet two or more of the following planning objectives:

a. Improving public access to the countryside, including public access for disabled people and recreation;

b. Use for management of water resources and / or flooding management;

c. The improvement of biodiversity;

d. Use as back-up grazing;

e. Return to agriculture, forestry or other `open' use recreational facilities.