Meeting documents

ITEM PN5

1. Ben Smith & Sons (Wantage) Limited have applied for permission not to comply with Condition 2 of the last planning permission for the infilling of an existing hole with soil and hardcore for agricultural use at Hackpen Hill, Childrey.
2. Condition 2 limited the use of the site until 30 September 2002. The application is to extend the use of the site through to 30 September 2004.

Site Description and History

3. The site is located to the south east of the B4001, south of Childrey (grid reference SU 354 854), and is within the North Wessex Downs Area of Outstanding Natural Beauty. It is reasonably isolated from any residential properties, the closest being Sincombe Farm, 400m away.
4. At present there is a hole (measuring approx. 250m x 35m) where chalk was previously quarried. This is a relatively small landfill site, which has been partially infilled and is currently overgrown. Planning permission was granted in 1992 and again in 1996 for the infilling of the site to similar levels to the surrounding countryside and to restore the land to agricultural use. However, the applicant has not managed to complete infilling.

Application Details

5. It is proposed that the operation would continue to operate under the conditions of the 1996 permission. This allows the site to be filled with inert wastes brought to the site by lorry. The existing permission limits lorry movements to and from the site to 10 per day.
6. Finished contour levels would be the same as those previously approved, and would tie in with the surrounding fields. The land would be returned to agricultural use for wheat and barley production.

Consultations and Representations

7. See Annex 1.
8. One letter of objection has been received.

Comments of the Director of Environmental Services

9. Section 54a of the Town and Country Planning Act 1990 states that decisions should be made in accordance with the Development Plan unless material considerations indicate otherwise. The relevant plan policies are set out in Annex 2.




Impact on Area of Outstanding Natural Beauty

10. The main consequence of extending the permission on this site is that the site, which is within an AONB and close to two footpaths, would not be restored for an additional two years. At present the disused quarry pit and access road are unattractive, and detract from the landscape value of the area. Allowing an additional two years would allow the original levels of the site to be restored and returned to agriculture, improving its landscape value in the longer term, thus complying with OSP policy EN1 and EN4. Refusing the application would result in the site being restored at levels similar to those on site at present. This would mean that there would be a permanent indentation left in the landscape, and the agricultural potential of the site would also be diminished. It is therefore preferable that the site is infilled. However, as the site currently detracts from the surrounding landscape infilling and restoration of the site should be completed as soon as possible. It has been made clear to the applicant that should permission be granted that the permission would only be for 2 years and the development should be completed within this period.

Other Environmental Effects

11. There are no additional environmental effects associated with this application that were not considered with the original application. The number of lorry movements to and from the site is low (max 10/day) and residential properties are located far enough away from the site that they would not be significantly affected. The application, therefore accords with OMWLP policy W7.

Footpaths

12. It has been noted that hay bales have been left next to the footpath. The landowner has agreed to ensure these are removed. Should material be left next to or on the footpath in the future enforcement action can be taken if necessary.

Compliance with Waste Licence

13. One of the reasons for the Ramblers’ Association concern was that conditions associated with the waste licence have not been complied with. The Environment Agency visit the site to check compliance with the waste licence. They have not found any breaches of conditions in the last few months. They are checking to see if there have been previous breaches.

Infilling of the Site

14. The final reason for the objection was that ‘local authorities are being urged strongly not to use landfill’. With a small site like this land filling is an appropriate method to allow for the restoration of the land to levels similar to those of surrounding fields (this is reflected in Government Guidance MPG7 – Restoration of Mineral Workings). At present the site, along with the land around it, is not farmed as the location of the hole makes it uneconomic to do so. The site has, and would be, infilled with inerts, so there are no issues of pollution of the surrounding environment. As the site is an old mineral working the proposal is in accordance with OSP policy WD5.

Summary

15. In summary the application would allow for the continuation of the tipping at Hackpen Hill Quarry for an additional 2 years. This would allow the site to be restored to levels similar to that of the surrounding countryside, enhancing both its landscape and agricultural potential. There would be no additional environmental effects above those considered in the original application.

Environmental Implications

16. These are outlined in the report.

Financial and Staff Implications

17. There are no financial or staff implications other than those that would arise if the applicant appealed to the Secretary of State against any refusal of planning permission.

RECOMMENDATION

18. It is RECOMMENDED:

1. to approve the application to amend condition 2 of Permission No CHD/12412/2-CM as follows:

"The deposit of waste hereby permitted shall cease on or before 30 September 2004 and the site shall be restored in accordance with the approved details and conditions of this permission within a further period of 6 months or such longer period as the Local Planning Authority may approve in writing.

Reason: To minimise the duration of disturbance from the tipping operation."

2. that the following conditions be added/amended to update the permission:

"Aftercare of the restored site shall take place for a period of up to 5 years in accordance with an aftercare scheme to be submitted to and approved in writing by the Local Planning Authority. Such a scheme shall be submitted before 30 March 2004 and shall specify the steps proposed to be carried out during the aftercare period and make provision for an annual site meeting to discuss and agree steps necessary on the restored land.

Reason: To bring the land to the standard required for agricultural use.

The development hereby permitted shall be carried out solely in accordance with the approved submitted details and plans and those of planning permission CHD/12412/2-CM except as modified by these conditions and unless otherwise agreed by the Local Planning Authority in writing.

Reason: For the avoidance of doubt and to ensure that the development is carried out in accordance with approved plans and details"

3. that all other existing conditions on Permission No. CHD/12412/2-CM should remain in force with regard to development on the site.