Item No.: 02

The information, recommendations, and advice contained in this report are correct as at the date of preparation, which is more than one week in advance of the Committee meeting. Because of the time constraints some reports may have been prepared in advance of the final date given for consultee responses or neighbour comments. Any changes or necessary updates to the report will be made orally at the Committee meeting.

PROPOSAL Outline planning application for residential development for up to 10 dwellings and associated works, including re-profiling of the quarry, landscaping, modification of vehicular access, internal access roads, surface and foul water drainage, ecological mitigation, and boundary treatments (All Matters Reserved) [Supplementary surface water drainage information received 23 January 2018 and ecological mitigation 30 July 2018 and 17 August 2018]

LOCATION: Ropley Lime Quarry, Soames Lane, Ropley, Alresford, SO24 0ER

REFERENCE : 20209/011 PARISH:RopleyAPPLICANT: LPA ReceiversCONSULTATION EXPIRY : 05 October 2018APPLICATION EXPIRY : 31 January 2018COUNCILLOR: Cllr C LouissonSUMMARY RECOMMENDATION: PERMISSION

This application is referred to the Planning Committee for determination under the terms of the Council’s Constitution, as approval of the application would represent a departure from the Development Plan.

Site and Development

Ropley Lime Quarry is a chalk quarry located in countryside on the southern side of Soames Lane to the south-east of Ropley. The quarry has an Interim Development Order (IDO) granting permission for the continued working of minerals from 1994 to 2042, although it is not currently being worked.

The site has a vehicular access from Soames Lane in its north-western corner. There is a small building and weighbridge just inside the site, together with two large open-ended buildings adjacent to the western boundary, which are in a poor state of repair and partially collapsed.

The western half of the site has been more extensively worked and forms a bowl at a much lower level than the eastern part, with a vertical cliff (the working face) separating the two areas of some 19 metres in height. Tracks run around the northern and southern edges of the working face providing access to the upper level. Sections of the lower area at the bottom of the cliffs fill with water during wet periods.

The upper level is relatively level and has further steep chalk faces on three sides, to the north, south and east, each with woodland above, the chalk face being lowest in the eastern corner of this upper area.

The northern, eastern and southern boundaries of the site are well-screened by trees and shrubs. An area of woodland lies to the south of the site to the south which is designated as a Site of Importance for Nature Conservation (SINC). The South Downs National Park is directly adjacent to the southern boundary of the site.

Soames Lane is single width in several places and rises steeply adjacent the site, with sharp bends having a rural character. From Petersfield Road to the quarry entrance, the lane has ribbon development, with large gaps, on both sides. Most houses are set back from the highway along the lane, but some older houses stand close to the road.

The IDO permission

A scheme of operation and restoration conditions on interim development order permission (IDO) was granted for the site in 1994 by Hampshire County Council. Permission was subsequently granted in April 2017 for variations to various conditions forming part of that permission, basically changing the triggers for the submission of the required information to “prior to the recommencement of any quarrying activity”. Condition 1 of the IDO allows working for agricultural lime until 31 March 2042, with a further period for restoration of the site. An annual tonnage of up to 16,000 tonnes of chalk may be exported (Condition 4) and up to 330 tonnes in any working day from 20 March to 31 May and from 20 August to 10 November (condition 5). At other times up to 130 tonnes could be removed in one day. Up to 20 tonnes of chalk rejects could also be removed weekly, under Condition 11. Condition 33 allows for up to 670,000 tonnes to be extracted from the site until 31 March 2042, however since there is a limit of 16,000 tonnes per year, now only 400,000 tonnes could be extracted over the permitted period.

Lorries visiting the site are limited to an in-laden weight of 11.7 tonnes and gross laden weight of 30 tonnes and cannot be articulated (conditions 7 and 8). Working and lorry movement times are restricted by conditions 9 and 10.

Condition 3 requires submission of a restoration plan for the quarry, which would need to be submitted for approval prior to any re-commencement of quarrying activity on the site.

Proposed Development

The application seeks outline planning permission for restoration of the quarry and the erection of ten dwellings with garages. The application states that all matters are reserved for future approval, thus it is the principle of the development that is for consideration as part of this application. If granted permission, a future application(s) would need to be made for the approval of reserved matters relating to: layout, scale, external appearance, access and landscaping.

The application is supported by an indicative layout plan showing that all the existing buildings and structures would be removed from the site.

The dividing cliff between the two levels would be graded back into two tiers, with two 10 metre 60° faces separated by a 5 metre bench. The access track on the north-eastern side of the quarry would be retained and reconfigured to provide vehicular access to the upper terrace. The access track around the southern side of the quarry would only be retained up to the middle bench, for emergency access.

Eight houses are shown to be sited within the lower bowl level, accessed via a cul-de-sac style arrangement, split into two private drives, from the current site entrance on Soames Lane. The dwellings would be set around a central soft-landscaped area incorporating an attenuation pond. The remaining two houses would be sited on the upper level, with access from the current access via the regraded track along the north-eastern side of the quarry. Each of the dwellings would have a double garage and private rear garden area.

The restoration / construction work would not require any material to be imported or exported to / from the site for re-grading work. Any excess chalk generated through the cut and fill process, would be spread within the lower bowl area, in effect raising ground levels in this area.

The application is in outline format, although indicative drawings have been supplied showing a layout masterplan, building footprints and landscaping. The application has been supported by the following documentation:

Design and Access Statement Planning Statement Viability Assessment Report (confidential) Transport Statement Geo-Environmental and Geotechnical Assessment (Ground Investigation)

Report Geotechnical Assessment Geo-Environmental Desk Study / Preliminary Risk Assessment Outline Drainage Strategy Arboricultural Assessment Report Ecological Assessment Ecological Mitigation and Management Plan Badger and Peregrine Annex (confidential)

Supplementary information was provided by the applicant in relation to: cut and fill operations, drainage and ecological mitigation.

Relevant Planning History

20209/006 Determination of a scheme of operation and restoration conditions on interimdevelopment order permission

Granted – 15 June 1994

20209/007 Outline - six dwellings with garages / offices. Reinstatement of existing quarry landscaping and re-contouring of site.

Outline Permission – 19 September 2014

20209/008 Eleven dwellings with garages, landscaping and restoration following demolition of buildings (as amended by supplementary information relating to

Refused – 1 March 2016

transport, drainage, ecology and slope stability)

20209/009(HCC: EH055)

Variation of conditions 3, 12, 13, 16, 20, 24, 25, 27, 28, 30 and 31 of planning permission F20209/6C (to extend the time for the submission of information to discharge conditions)

Permission – 13 April 2017(County Matter)

Development Plan Policies and Proposals

East Hampshire District Local Plan: Joint Core Strategy (2014)

CP1 - Presumption in favour of sustainable development CP2 - Spatial StrategyCP10 - Spatial strategy for housingCP13 - Affordable housing on residential development sitesCP19 - Development in the countrysideCP20 - LandscapeCP21 - BiodiversityCP24 - Sustainable constructionCP25 - Flood RiskCP26 - Water resources/ water qualityCP27 - PollutionCP29 - DesignCP31 - TransportCP32 - Infrastructure

East Hampshire District Local Plan: Second Review (2006)

H14 - Other Housing Outside Settlement Policy BoundariesP7 - Contaminated LandC6 - Tree Preservation

Hampshire Minerals and Waste Plan

The Hampshire Minerals and Waste Plan (HMWP) was adopted by Hampshire County Council on 15 October 2013.Policy 9 – Restoration of minerals and waste developments.Policy 16 – Safeguarding minerals infrastructurePolicy 23 – Chalk development

Ropley Neighbourhood Plan (RNP)

It was resolved by the Council on 26th March 2015 that the Ropley Neighbourhood Plan Area be designated for the purposes of Neighbourhood Planning. A pre-submission Plan was submitted for public consultation in January 2018 and the deadline for receipt of comments has ended. As the Ropley Neighbourhood Plan is in its early stages, limited weight may be given in the decision making process at this time. The following policies are relevant to the consideration of this application.

RNP2 – Settlement Policy Boundary

RNP3 - Key Vistas RNP4 – Trees RNP5 – Access RNP7 – Construction Method Statement RNP12 – Impact of New Development RNP13 – Design RNP15 – Driveways and Parking RNP17 – Light pollution

Ropley Village Design Statement (RVDS)

The RVDS was approved by the District Council in April 2007 as a Non-Statutory Planning Document. It is noted that the VDS was prepared under the policies of the former East Hampshire District Local Plan, therefore it is not clear how it links with the adopted Joint Core Strategy and in particular Policy CP29. As such it is considered that the VDS should be given moderate weight in the decision making process.

Planning Policy Constraints and Guidance

National Planning Policy Framework (NPPF)

The NPPF sets out three overarching objectives (economic, social and environmental) that should be delivered by the planning system to achieve sustainable development. A presumption in favour of sustainable development is at the heart of the Framework

In this instance the following sections of the NPPF are considered to be particularly relevant to the consideration of the application;

Section 2 - Achieving sustainable development. Section 4 – Decision making. Section 5 – Delivering a wide choice of high quality homes. Section 9 - Promoting sustainable transport. Section 12 – Achieving well designed places. Section 14 - Meeting the challenge of climate change, flooding and coastal

change. Section 15 – Conserving and enhancing the natural environment. Section 17 – Facilitating the sustainable use of minerals.

Consultations and Town/Parish Council comments

EHDC Arboricultural Officer – No objection, subject to a condition requiring agreement of a detailed Arboricultural Method Statement and Tree Protection Plan.

EHDC Drainage Consultant - No objection in principle, subject to a condition securing detailed design and infiltration tests.

EHDC Environmental Health (Contaminated Land) – No objection, subject to the imposition of conditions relating to validation of remedial works and unsuspected contamination.

EHDC Environmental Health (Pollution) – Has no objection to this application.

EHDC Housing Officer - Objects to this development due to the applicant not meeting the affordable housing requirements required under CP14 of the JCS.

EHDC Landscape Officer – Comments that it would be preferable if development is confined to the lower level of this site. Landscape mitigation is required to reduce the visual impact of these two houses on the local landscape.

EHDC Recycling and Refuse – No comments received.

Environment Agency – No objection, subject to the imposition of conditions relating to contamination and no infiltration of surface water.

Hampshire and Isle of Wight Wildlife Trust – Objects to this application as the density of the housing would not allow for the protection and enhancement of biodiversity as required by the NPPF and the NERC Act and concern at the ineffectiveness of the mitigation proposals for peregrine falcon. [Officer note: original comment, no formal reconsultation on peregrine mitigation strategy]

Hampshire Crime Prevention Design Officer – No comments received.

Hampshire Primary Care Trust – No comments received.

HCC Schools Organisation Officer – No comments received.

HCC Minerals and Waste Planning Authority – Raise no objection to this development proposal.

HCC County Ecologist – Following receipt of supplementary information, concludes that overall he is now content with the general approach to ecology at the site and would recommend that all measures are secured by condition.

HCC Lead Local Flood Authority – Following the submission of supplementary drainage information, confirm that the proposals for surface water drainage meet current standards / best practice.

HCC Local Highway Authority – No objection subject to conditions.

Natural England – Has no objection to the proposal.

Scottish and Southern Energy – No comments received.

South Downs National Park Authority – Does not raise objection with regard to the impact on the amenities of the SDNP.

South East Water – No comments received.

Southern Gas Networks – No comments received.

Thames Water – No objection.

Ropley Parish Council

Original comments Object.Ropley quarry is situated well outside the Ropley Settlement Policy Boundary and in this application there is no proven need for this amount of development outside the settlement policy boundary contrary to policy (CP19 Development in the countryside). Policy CP12 (Affordable Housing for Rural Communities) states that the provision of affordable housing may lead to the possibility of a Rural Exception Site. It recognises that a proportion of market properties may be allowed to bring forward appropriate site however this application is proposes no affordable housing and has actually reduced the number of houses on the site to 10 so removing the need to contribute to affordable housing based on number of houses. The site is not a Brownfield Site as suggested by the applicant - as land that has been developed for mineral extraction is not considered previously developed land in the National Planning Policy Framework;

Contrary to the narrative of the application and the lack of material change since the granting of the recently expired planning, when the previous application was granted East Hants had not, unlike now, identified a five year land supply, it has now and Ropley has also met its allocation of housing under the Local Plan part 2.

The site is in a non sustainable location being 1.5 miles to the village centre, and its facilities, 2 miles to the nearest bus stop and 9 miles to the nearest train station all via narrow country lanes.

The development appears out of keeping with the local area. Properties on Soames Lane are of low density, sited on large plots in a linear style layout. The density of the lower level of the quarry appears more in keeping with that of a suburban location and far above a max density of 21 per hectare recommended in another local development.

The emerging Ropley Neighbourhood Plan indicates that villagers do not support the building of developments of large homes over 4 bedrooms, but rather smaller homes suitable for first-time buyers and the elderly. This application proposed 10 generous family homes.

Subsequent comments following Departure advertisement

Ropley Parish Council continue to object strongly to this application and wish to reiterate our reasons for our objections.Ropley quarry is situated well outside the Ropley Settlement Policy Boundary and in this application there is no proven need for this amount of development outside the settlement policy boundary contrary to policy (CP 19 Development in the countryside). A recent application in the village of Ropley was refused by both EHDC and the Planning Inspectorate as being partially outside the settlement policy. The distance over the settlement boundary in this application was by 2 metres not as this is by nearer 2 miles.

The site is in a non sustainable location being 1.5 miles to the village centre, and its facilities, 2 miles to the nearest bus stop and 9 miles to the nearest train station all via narrow country lanes. Policy CP 12(Affordable Housing for Rural Communities) states that the provision of affordable housing may lead to the possibility of a Rural Exception Site. It recognises that a proportion of market properties may be allowed to bring forward appropriate site however this application proposes no affordable housing and has actually reduced the number of houses on the site to 10 so removing the need to contribute to affordable housing based on number of houses.

The site is not a Brownfield Site as suggested by the applicant - as land that has been developed for mineral extraction is not considered previously developed land in the National Planning Policy Framework;

Contrary to the narrative of the application and the reported lack of material change since the granting of the recently expired planning; when the previous application was granted East Hants had not, unlike now, identified a five year land supply , it has now and Ropley has also met its allocation of housing under the Local Plan part 2. In the emerging neighbourhood plan there is additional provision for further housing over and above this number, the quarry has not been identified as I of these sites.

The emerging neighbourhood plan has successfully completed its Regulation 14 consultation and during this received strong local support with an overall scoring for the policies as 8.7 out of 10. The development is out of keeping with the local area. Properties on Soames Lane are of low density, sited on large plots in a linear style layout. The density of the lower level of the quarry appears more in keeping with that of a suburban location and far above a max density of 21 per hectare recommended in another local development.

The emerging Ropley Neighbourhood Plan indicates that villagers do not support the building of developments of large homes over 4 bedrooms, but rather smaller homes suitable for first-time buyers and the elderly. This application proposed 10 generous family homes not smaller homes. This application also conflicts with a further number of the policies in the emerging Neighbourhood Plan:RNP3 - "new development will not be allowed within Key Vistas or Areas of Significant Visual Prominence". The Lime Quarry forms part of one of the Key Vistas designated within the Neighbourhood Plan.RNP5 - "no development of more than 5 houses will be permitted if the site access would be from a single-vehicle width road unless it is within 125 metres of a two-vehicle width road"; This site is located on Soames Lane a single track narrow road not appropriate for the amount of traffic thissized development will generate.RNP12, 13 and 14 - which refer to the appropriateness of the design and materials of new houses. The adjacent houses on Soames Lane are all traditional in style (as shown in the photos in the Design and Access Statement) despite being of different periods. The houses in this development do not appear sympathetic to the local area.RNP17 - addresses light pollution and the need for any development not to increase light pollution in the area. The development on the upper level describes' significant glazing' and 'far reaching views', this will lead to the lights from the property on the upper level being visible from a long distance away.

West Tisted Parish Meeting (adjoining Parish) – No comments received.

Representations

57 representations received: The letters of representation which have been received from third parties object to the development on the following grounds as summarised below:

the development is not in keeping with the rural linear character of the area, with specific reference to design, density, scale and form;

impact on South Downs National Park; quarrying activities are unlikely to recommence; danger to road users including horse riders, walkers and cyclists; increase in traffic movements, including construction traffic, along a single

track road, contrary to Policy CP31; site is in an unsustainable location with a lack of access by public transport

and access to local facilities; the quarry should be left to be a wildlife area; development is not in accordance with the emerging Ropley Neighbourhood

Plan; adverse visual impact within the landscape from upper level house, contrary

to Policy CP20; site is outside settlement policy boundary and there is no proven need for a

countryside location, contrary to Policy CP19; adverse impact on biodiversity and protected species (peregrines / hazel

dormice), contrary to Policy CP21; no additional large housing is required in Ropley, more affordable is needed,

which is not provided by the development, contrary to Policy CP13; the housing allocation for Ropley in the Local Plan Part 2 has been met; overlooking neighbouring property (Soames Place: 190 metres from site

boundary); safety concerns for properties on the upper level; the financial viability and necessity for increase from 6 to10 dwellings is

questioned; potential for flooding from surface water run-off; it is not a brownfield site and, increase in light pollution contrary to dark skies policy.

The application was advertised on 10 September 2018 as a departure from the development plan, at which time 27 further letters of representation were received. Many of these letters are from the same interested parties as the original consultation, raising similar points as set out below:

i) Danger to road users including horse riders, walkers and cyclists;ii) increase in traffic movements, including construction traffic, along a single

track road / unsustainable location;iii) site is outside settlement policy boundary and there is no proven need for a

countryside location, contrary to Policy CP19;iv) no additional need for housing in Ropley;v) no information to support compliance with CP10;vi) material changes since the original planning permission was granted;vii) does not comply with policies of the emerging Ropley Neighbourhood Plan;

viii) financial viability and necessity for increase from 6 to10 dwellings is questioned;

ix) lorry movements from quarry not a concern;x) impact on protected species;xi) safety concerns;xii) not a brownfield site;xiii) the development is not in keeping with the rural linear character of the area,

with specific reference to design, density, scale and form;xiv) no affordable housing;xv) quarrying unlikely to recommence;xvi) increase in light pollution contrary to dark skies policy;xvii) potential for flooding from surface water run off and, xviii) site should be restored for nature purposes.

Determining Issues

1. Principle of the development.2. Restoration of the quarry.3. Design, layout and visual appearance.4. Impact on neighbouring properties5. Highway considerations.6. Ecology7. Drainage8. Trees9. Stability10. Developer contributions

Planning Considerations

1. Principle of the development.

The principle for six dwellings on this site has previously been established with the grant of outline planning permission in September 2014, although this consent has now expired. This decision was based on the planning benefits that a residential scheme would deliver, in terms of the restoration of the quarry site as well as removing the potential for significant lorry movements in Soames Lane, should the mineral extraction recommence on the site up until 2042, in accordance with the IDO.

Hampshire County Council, as Mineral Planning Authority, has advised that the proposal is contrary to Policy S15 (Sterilisation of Mineral Deposits) of the Hampshire Minerals and Waste Plan as it would permanently prevent any future extraction of the chalk reserve on the site. Hampshire County Council has a responsibility to ensure sufficient chalk supply to meet the needs of the agricultural lime market.

However, Ropley Quarry has been inactive for years and the County Council advises that there is currently an adequate supply of chalk from other sites within the County, which is expected to satisfy identified future need at this time. It is also noted that

the principle of restoring and redeveloping Ropley Quarry was established and agreed as part of the previous residential planning application on this site. The County Council, therefore, raises no objection to this development proposal in terms of impact on mineral reserves.

Principles

A key consideration in the assessment of this scheme is whether the development should be viewed as an enabling development or as a market housing development within the countryside. The site is outside the Settlement Policy Boundary (SPB) for Ropley and thus under saved policy H14 of the EHDLP: 2nd Review falls within an area where the Countryside policies of the plan apply. The emerging Ropley Neighbourhood Plan at Policy RNP 2 also confirms the site to be outside the SPB.

Under Policy CP19 development will only be allowed which has a genuine and proven need for a Countryside location, with such uses set out in Policy CP6. The development does not comprise any of the uses set out therein. Policy CP2 directs development to make the best use of previously developed land within built-up areas. The site is not within a built-up area, and within Annex 2 to the NPPF (Glossary), minerals extractions are excluded from the definition of previously developed land. Clearly the principle of the development is contrary to the aims of these policies, thus does not fall to be considered acceptable in principle as development of market housing outside the SPB.

In planning terms “enabling development” is generally defined as development which would be unacceptable in planning terms but for the fact that it would bring heritage benefits sufficient to justify it being carried out, and which could not otherwise be achieved. Whilst the concept is normally used in relation to heritage assets, it has also been used in order to secure environmental or community benefits though development that would otherwise be considered harmful because it would facilitate benefits that outweigh that harm.

The principle of the restoration of the quarry and development has previously been established with the grant of outline permission 20209/007. This was granted on an exceptional basis in terms of the benefits of securing the removal of the IDO consent and restoration of the quarry. Thus, although the development does not fall with the “heritage benefit” concept of enabling development, permission was only granted previously on an exceptional basis as securing the extinguishment of the IDO consent and restoration of the quarry that may not otherwise come forward. Therefore, it is considered that the development falls within this enabling concept. If considered as market development, the development would not be acceptable in principle, as it would be contrary to the countryside policies of the Plan. The strategic policies in the development plan have not changed in the intervening period to alter this position in terms of principle. If approved, the revocation of the IDO consent would need to be secured through a planning obligation.

Viability

At the time outline planning permission was granted, the applicant demonstrated to the satisfaction of the Local Planning Authority that 6 dwellings was the minimum number of dwellings necessary to secure the costs associated with the restoration of the quarry. Therefore, in terms of the principle for the development, a key question

which needs to be addressed is the change in circumstances since September 2014 to demonstrate that 10 dwellings are now required to cover these restoration costs. The applicant has submitted a Viability Assessment, which seeks to demonstrate the viability of the development for 10 dwellings would secure the abnormal costs associated with the restoration of the quarry, and this has been forwarded to the District Valuer Service (DVS) for an independent evaluation.

The DVS assessment of the 10 dwelling scheme advises that the site is fairly unique, therefore there is no market evidence to support the value of the land. The adoption of CIL since the original permission was approved has also added a significant burden to the development and its viability.

It is advised that the development could not provide a policy compliant off-site contribution towards affordable housing as this would result in a negative residual value of £290,000. Based on a benchmark land value of £750,000 it is advised that an affordable housing contribution of around £170,000 could be justified, but if this were increased to £1 million, then the scheme could no longer provide any contribution. As such the DVS concludes that an initial contribution of up to £170,000 could be sought.

Officers have undertaken negotiations with the applicant, and it has been agreed that a contribution of £100,000 towards affordable housing would be provided, if planning permission where granted. This contribution would need to be secured through a Planning Obligation. If recommended for approval then a condition would need to be applied to restrict the floorspace to the 3,266 m2 gross internal area, which the viability assessment is based upon.

To conclude, the development should be considered as an enabling form of development to secure environmental benefits, which would otherwise not be accepted in principle. From the DVS assessment the viability of the development is at its limits of profitability, whereby only a limited contribution towards affordable housing could be secured.

2. Restoration of the Quarry.

A full restoration scheme for the quarry has never been submitted, and Condition 3 of the 1994 IDO consent (as varied) requires this to be submitted prior to the recommencement of any quarrying works taking place. The outline restoration scheme for the fully worked quarry showed the site being restored to chalk grassland, where the working face would have been contoured to show 5 terraces stepping down from the top (the eastern end of the site), and the woodland being retained on the site boundaries. All buildings and the weighbridge would have been removed with the existing access point retained.

The current restoration scheme also shows the existing buildings and weighbridge being removed. The main working face in the centre of the site would be regraded to a 60° angle of repose, with a central 5 metre wide bench created half way down the face. The remainder of the site, including the two side access tracks, would remain much as at present. The sub and top soil, which has been retained on site, would be spread over the chalk surface, particularly in the main garden areas.

The restoration scheme does not require the importation of materials, other than limited amounts of top soil, largely for the residential gardens at a depth of up to 30cm. The lower level site would be re-contoured using the extracted chalk through reducing the steep pitch and introducing a terrace within the main working face, as well as the regraded access tracks.

The applicant has advised that the total volume of topsoil required would be approximately 2,038 cubic metres. A ton of topsoil has a volume of 1.5 cubic metres, therefore, the total weight of topsoil required would be 2038 x 0.75 = 1528.5 tons. This would equate to a total number of lorry movements required to transport 1529 tons at 85 trips. Over the lifetime of the construction of the development this would amount to less than two trips per week. It is also estimated that 20 lorry trips (200 total) would be required for each plot to bring in construction materials.

The extant permission which authorises quarrying on the site permits up to 800 lorries (at 20 tonne loads) per year, with between 7 and 17 lorries per day (depending on time of year). The proposed development would, therefore, result in significantly less lorry movements than if quarrying were to recommence and chalk were to be exported from the site. Although it should be noted that this does not take into account increased car movements using Soames Lane resulting from the residential development, which would be higher. Lorry movements could be controlled by a Construction Management Plan condition attached to any planning permission granted. In addition, a condition could be imposed to prevent any chalk being removed from the site, or additional material (other than topsoil) imported, as part of the restoration process.

3. Design, layout and visual appearance,

Policy CP29 of the JCS requires new development to respect the character, identity and context of the district’s towns, villages and countryside, with criterion (a) requiring new development to seek exemplary standards of design with a high quality external appearance that respects the area’s particular characteristics. (b) to take account of the setting and context of the South Downs National Park. Criterion (d) requires the layout and design of new development to be sympathetic to its setting in terms of its scale, height, massing, and density, with criterion (e) requiring the use of good quality materials to make a positive contribution to the area.

The application is in outline format, thus detailed consideration of the siting, external appearance, scale and landscaping of the site would be given through the submission of a future application for approval of reserved matters.

Siting and Layout

Eight houses are shown to be sited within the lower bowl level, accessed via a cul-de-sac style arrangement from the current site entrance on Soames Lane. The remaining houses would be sited on the upper level and would be accessed via the existing access and then via a reconfigured / regraded access track along the north-eastern side of the quarry. This arrangement would be similar to the indicative layout forming part of the 2014 outline permission, although the revised full application showed the upper level accessed from a new access onto the upper section of Soames Lane.

With regard to the 8 dwellings on the lower level, the current proposal increases the density of development from the 4 previously proposed. The indicative layout shows that the access road would split around 70 metres into the site to form two separate cul-de-sacs around each side of a central amenity space containing the surface water attenuation measures. Each dwelling would have a separate detached double garage set back from the road, with turning area. Private amenity areas would be provided to the rear of the dwellings with depths of at least 15 metres to the base of the slope, with a 2 metre buffer to the toe of the slope.

Two dwellings are shown to be provided on the upper plateau, which would have garages to the east and rear garden areas providing extensive views to the west. The principle of two dwellings on the upper level, whilst in a visually prominent position, has previously been established through the original outline permission and the siting of two dwellings as part of this application would not result in any increase the visual prominence of this part of the site, with sufficient space on the upper tier for the dwelling to provide amenity space and landscaping. When viewed from the north, these dwellings would be seen against the backdrop of the upper bowl and vegetation. Access would be via a remodelled track around the side of the quarry, negating the requirement for significant earthworks to provide an access onto the upper section of Soames Lane. A distance of 40 metres would be provided from the dwellings at the lower level, which would result in a satisfactory degree of separation and a “reverse” ha-ha feature is shown as a safety measure to prevent access to the cliff face. As such the siting of the dwelling on the upper level is considered to be satisfactory, given that the principle of dwellings sited in this location has been previously established.

Whilst siting is not a matter for detailed consideration as part of this application, the illustrative layout plan is considered to be of an acceptable design and layout to provide an attractive entrance into the site and provide a spacious layout of dwellings. If the application were to be recommended for approval it is suggested that it be condition to be in general accordance with the details shown on drawing 469-P-01rev A: Proposed Masterplan Layout.

External Appearance

Since the appearance of the dwellings has been reserved for future consideration, no details have been provided although the Design and Access Statement suggests a contemporary approach with shallow mono-pitch roofs to minimise the scale and massing. As a standalone site, a contemporary approach could work well within the confines of the former quarry, although full details would need to be considered at reserved matters stage.

Scale The indicative plans show that dwellings would be two storeys in scale, which would be keeping with that of the surrounding properties. This matter would need to be fully considered through a future reserved matters submission.

Since the viability information is predicated upon dwellings providing a total gross floorspace of 3,266.27 m2, then it is considered that this maximum floorspace should be secured through a condition.

Landscaping

The Council’s Landscape Officer has commented that revised soft landscaping proposals are required to assist in mitigating the landscape impact from the dwellings on the upper level. Since the full details of the hard and soft landscaping design would be subject to consideration under a future reserved matters application, then this matter would be considered as part of these details.

Landscape and Visual Impact

The site is enclosed by mature screening on three sides, with only the northern side being less well screened. Views into the site in the immediate locality are very limited. There are glimpses of the upper walls of the quarry from the northern part of Soames Lane. The site is thus largely self-contained and it is, therefore, unlikely that the houses would have a significant visual impact on the immediate area of the quarry or Soames Lane.

The face of the upper quarry is visible from longer view points, most notably from Ropley Station and footpaths in that area to the north. It was previously noted that the proposed houses on the upper level would be seen against the chalk from these vantage points, however, with the distances involved, it was concluded that the houses would not be as intrusive as the chalk face, which would in itself be reduced as part of the restoration scheme.

The Council’s Landscape Officer has advised that it would be preferable if development is confined to the lower level of this site, since the Design and Access Statement refers to far reaching views that will be available from the proposed houses on the upper level. However, this principle has been previously agreed, and there are no significant changes in policy or to the locality to indicate otherwise, thus the siting of two dwellings in this location is considered to be acceptable. As advised above, the Landscape Officer has advised that landscape mitigation is required to reduce the visual impact of these two houses on the local landscape, which would be a matter for detailed consideration at reserved matters stage.

The boundary of the SDNP runs along the edge of the SINC to the east of the site. Views into and out of the SDNP of the quarry are blocked by the woodland which forms the SINC. The quarry is lower than the SDNP and is not visible from any public vantage points within that area. It is considered that the development would preserve the character and appearance of the SDNP and would accord with the purposes of the National Park. The National Park Authority has commented that the quarry is set lower in the landscape that the SDNP and is not readily visible from public vantage points within the Park. Accordingly, the SDNPA do not raise an objection with regard to the impact on the amenities of the SDNP.

The Ropley Village Design Statement provides guidance on the landscape and setting of Ropley, in particular Design Guideline 2A references the sunken lanes and their defining hedgerows. The built development would be contained within the quarry, utilising an existing site access. The visibility splays would require some

limited removal of vegetation, although this would not impact on the rural character of the lane or hedgerows.

Since the previous grant of outline planning permission, the emerging Ropley Neighbourhood Plan, through Policy RNP3, has identified Key Vistas and Areas of Significant Visual Prominence. The site is not identified as being within an area of Significant Visual Prominence. The Parish Council comment that the quarry forms part of one of the key vistas within the Neighbourhood Plan, although which vista is not identified. As noted above, the development in the lower bowl would be well screened by the topography and vegetation from both short and long range views. The two dwellings on the upper plateau would be visible from longer range views from the north, although viewed against the backdrop of quarry face and tree belt, thus as established through the previous grant of permission would not have a significant adverse impact on the landscape.

The peregrine falcon mitigation includes the provision of an artificial nesting tower at the eastern end of a woodland plateau, above the upper bench. The proposed tower would be 12 metres in height, with the surrounding trees in the centre of the plateau being around 8 metres in height. It is noted that the surrounding trees above the bowl are approximately 25 metres in height. Therefore, whilst the tower would project 4 metres above the trees in its immediate vicinity, giving the peregrines a suitable vantage point, it would be screened from longer range views by the higher boundary trees. As such it would screened from views from the north, east and south. The South Downs National Park Authority has confirmed that the tower is unlikely to be prominent in the landscape, and raise no objection in terms of harm to the National Park and its setting. The National Park Authority suggests consideration is given to conditions to control the location, height and finish of the tower along with retention of the boundary trees and limitation on additional structures.

For these reasons the indicative Masterplan is considered to be acceptable, subject to detailed consideration at reserved matters stage, in accordance with the aims of Policies CP20 and CP29 of the Joint Core Strategy.

4. Impact on neighbouring residential properties.

Policy CP27 requires that development does not have an unacceptable effect on the amenity of the occupiers of neighbouring properties through loss of privacy or excessive overshadowing. Criterion (d) of Policy CP29 requires the layout and design of new development to be sympathetic to its setting in terms of its scale, height, massing, and density.

The site is well screened from neighbouring properties in Soames Lane, by the frontage vegetation and the land to the west is a paddock. It is considered that with the screening and separation distance the dwellings would be unlikely to have any material impact on the neighbouring properties once constructed.

There would be additional traffic movements up and down the lane associated with residents of the 10 dwellings, however given this is a public highway the increase in traffic would be unlikely to result in a significant increase in noise and disturbance from these future resident’s vehicle movements.

The main impact of the proposal would be the lorry movements as a result of the restoration of the quarry. As set out above, the restoration would generate significantly less movements than if the quarry were to be worked. Some dwellings in Soames Lane stand very close to the road and concern has been expressed about the impact of lorry movements on those properties. Having regard to the fallback position of work recommencing for the export of chalk from the quarry, it is considered that the proposal would be likely to cause significantly less harm.

It is considered appropriate to limit lorry movements to the same conditions as set out in the IDO, so that a maximum of 300 tonnes of sub and top soil could be imported in any one day and the hours of work limited to the same as those permitted for the quarry. In addition, a Construction Management Plan could be secured. These conditions would protect the amenity of nearby residents during this phase of the development.

It should be noted that the proposal if approved would have the benefit of removing noise and dust from mineral extraction at the quarry, apart from the restoration and construction phases associated with the development.

For these reasons the proposal is considered to be in accordance with the aims of Policies CP27 and CP29 of the JCS in this regard.

5. Highways.

The dwellings would all be accessed via a cul-de-sac style arrangement from the current site entrance onto Soames Lane, an unclassified road linking into Hill Farm Road and the A32 to the west and Petersfield Road and the A31to the west. The dwellings on the upper level would be served by a reconfigured access track running around the north-eastern side of the quarry. Each dwelling would have a double or garage with associated parking and turning areas to the front.

In terms of parking provision, the District Council’s adopted vehicle parking standards require the provision of 3 off-street parking spaces to serve a dwelling with four or more bedrooms. The Local Highway Authority has advised that individual driveway and garage parking is proposed for each dwelling, with a turning head afforded for each to further enable forward gear access and egress. The quantum of each conforms to the East Hampshire Parking Standards, and as such there are no concerns in regard to parking provision.

The Local Highway Authority has advised that whilst the applicant’s Transport Statement outlines that on a daily basis there are likely to be 26 additional vehicle trips associated with the development, when compared against the permitted use, it should be noted that this is 13 inbound and 13 outbound trips across an 11 hour period. In terms of AM peak it is anticipated that this will be 1 inbound and 4 outbound and in the PM peak 2 inbound and 1 outbound. As such, the Local Highway Authority advise that the increase is negligible, and when compared to the type of vehicle utilised for each scenario, cars rather than HGV's, there could actually be of benefit to other road users.

Regarding visibility requirements at the site entrance, the Local Highway Authority has advised that the splays the speed surveys, which informed the visibility splays identified in the previous application 20209/007 are accepted.

Thus the visibility requirement of 2.4 x 34.0m west bound and 2.4 x 38.0m east bound is considered to be acceptable and these requirements should be secured through a condition.

Tracking has been produced for a refuse vehicle (11.2 metres in length) that demonstrates the ability for the vehicle to manoeuvre within the turning area. Tracking at the proposed access has also been carried out which demonstrates that two large cars are able to pass to remove the risk of reversing back onto the highway. An amendment to the site access to allow a refuse vehicle to turn right out of the access has been proposed, which would not affect the visibility splays. Subject to a Section 278 design check the highway authority has no objections to the access arrangements.

For these reasons the Local Highway Authority has no objection to the development, subject to conditions relating to: details for the construction of the access and provision of visibility splays. Since this application is in outline format, with access to be considered at a future reserved matters stage, it is considered appropriate to condition these aspects of the development to inform any future submission.

The Parish Council object on the basis that emerging policy RNP5 states that "a new development of more than five dwellings will not be permitted if the site access would be from a road of single-vehicle width, unless it is within 250 metres of a two-vehicle width road". Soames Lane is single vehicle width and does not meet this policy. The policy is justified on the basis of traffic generation and conflict with other users. It is noted that there is no objection from the Local Highway Authority to the development and that the quarry in itself could generate lorry movements from its authorised use. It is considered that these factors outweigh the weight which may be attributed to the emerging policy.

For these reasons the proposal is in accordance with the aims of policy CP31 of the JCS.

6. Ecology

Policy CP21 of the JCS states that development proposals should: ‘maintain, enhance and protect the District’s biodiversity’; ensure ‘that any adverse impacts are avoided where possible or, if unavoidable,

they are appropriately mitigated for, with compensatory measures only used as a last resort’; and, ‘protect and, where appropriate, strengthen populations of protected species’.

The application has been supported by an Ecological Assessment (ECOSA: October 2017), an Ecological Management Plan Assessment (ECOSA: October 2017), a Dormouse Survey Technical Note, a Peregrine Technical Note and a Phase 2 Reptile Survey (ECOSA: November 2014). Supplementary information was provided in the form of a Peregrine Falcon Mitigation Strategy (ECOSA: July 2018) and a revised Ecological Mitigation and Management Plan (Revision 4) (ECOSA: August 2018),

These documents have been reviewed by the County Ecologist, with consideration of the impacts of the development made against the following matters:

Peregrine falcons

The quarry is occupied by a pair of breeding peregrine falcons, which came to light in 2015/16 when it first became general knowledge that a pair had taken up residency in the quarry and had successfully nested. The birds have continued to occupy the quarry and have nested each year from 2015 to 2018. Although not listed as threatened, the peregrine falcon remains an uncommon species across the UK with a total British population of only c.1700 pairs.

The species is listed under Schedule 1 of the Wildlife & Countryside Act 1981 (as amended) and receives full legal protection from disturbance when breeding. For any activities likely to result in disturbance to breeding birds or their dependent young, a specific licence is required. The County Ecologist is not certain whether such a licence would be granted for anything other than conservation purposes, and a licence is only likely to be granted on the basis of proven/provable mitigation measures

The status of peregrine falcons in Hampshire continues to be closely monitored by experts and it is understood that the 2018 breeding season was a successful one. A total of 25 nesting pairs have been recorded across the county, a significant increase on the previous year and continuing the welcome upward trend for the last decade or so. The species still remains uncommon but widespread in Hampshire but this more a product of the widely-spaced nature of territories for this predatory species. There are several quarry-nesting pairs in the county, as well as those nesting on urban and rural buildings and several pairs nesting on the ground, which demonstrates a degree of flexibility in terms of nest site choice with this species.

The proposed development is likely to result in disturbance to the peregrines, in particular, whether they would continue to nest within the quarry. The applicant proposes mitigation, although the Country Ecologist has some reservation in terms of whether this pair, being a rural pair, can or will adapt to the presence of built development in close proximity. Evidence from Ireland has been presented, which appears to demonstrate that active quarries support nesting pairs as much as inactive ones, as well as the apparent success of mitigation measures at Battersea in London and measures in place at St George’s Wharf, Bristol. These demonstrate that peregrines can maintain nesting activity during construction, albeit within predominantly urban environments.

The Peregrine Falcon Mitigation Strategy (ECOSA: August 2018) seeks to maintain cliff-nesting opportunities and provide a new nesting site. The proposed mitigation comprises the following:

Artificial tower with nesting box situated within woodland north-east of the quarry upper bench.

New quarry face nesting ledge. Access restrictions to upper quarry. Ongoing monitoring.

Artificial Tower: Artificial towers have been successfully used previously, and the County Ecologist has no issues with the tower and nest box design itself. The proposal would result in the new nest box being c.20m above the ridge height of the new dwellings on the upper bench.

The only concern would be its height in comparison to the trees, as to whether it would be sufficiently high above canopy level. From the submitted information it would appear that a height of 4m+ is achievable.

New nesting ledge: A new nesting ledge will be excavated within the quarry face. This will be ‘enhanced’ through the addition of whitewash splashes to mimic an active nest site. This seems to be a sensible and readily achievable mitigation option. I am happy that the final location of the new ledge can be agreed at a later date.

Access restrictions: Restricting pubic access to the woodland/upper quarry is sensible and would at least prevent any approach to the nesting tower or the quarry face from above.

Monitoring: It is agreed that periods of monitoring will be required pre, during and post-construction, which will be essential in ensuring that any construction-related issues can be addressed (e.g. are particular activities presenting issues and can avoidance measures be taken) and that the efficacy of mitigation measures can be assessed.

Overall, whilst maintaining a degree of concern over the birds’ reaction to the proposed activity, the County Ecologist considers that the applicant has provided a well-reasoned and well-evidenced mitigation proposal that results in a much more acceptable situation. The County Ecologist advises that the current proposal provides a greater chance of success than any other mitigation option and recommends that the applicant’s ecologist continues to liaise with both EHDC and HOS during the course of development activities. It is suggested that regular contact is maintained and that progress reports are provided at suitable intervals. The recommended that all peregrine falcon mitigation measures are secured by condition, should the LPA be minded to grant planning permission.

Habitats

In terms of habitats, the calcareous grassland is the most interesting and the areas identified along the northern and western sides of the quarry appear to be very good examples of unimproved chalk grassland and are potentially worthy of SINC status. Lowland Calcareous Grassland features as a Habitat of Principal Importance under the NERC Act 2006. Unimproved chalk grassland would be lost along the access track in the north of the site. It is notable that this area is south-facing and supports the most extensive and best quality chalk grassland at the site. The species recorded in the grassland include some indicators of high-quality calcareous grassland.

The proposed mitigation entails the provision of a south-facing embankment on the so-called ‘intermediate bench’, which would be a receptor area for chalk grassland turves cut from the existing south-facing slope. In addition, other areas of the bench would act as receptor areas, with the idea of creating a strip of calcareous grassland habitat across the middle of the site. The addition of a south-facing receptor area is an improvement on the previous iteration, although the County Ecologist originally advised that there is no guarantee that chalk grassland translocation would be successful.

Supplementary information has been received in respect to the orientation of the proposed transplanted and seeded areas, as well as details on the monitoring of establishment. The County Ecologist has confirmed that this new information provides the detail to address his previous concern and is content with the submitted measures.

Hazel dormouse

A Phase 2 dormouse survey has confirmed the species’ presence within the site and one must assume that any woody vegetation is potential dormouse habitat. Approximately 1600m2 of dormouse habitat would be lost, with c.1200m2 proposed to be replanted, meaning a net loss in dormouse habitat overall, albeit with proposed habitat improvements within the surrounding woodland. Post-development, the site would certainly retain suitable dormouse habitat although it is likely that disturbance of dormice would occur through general human activity as well as domestic pets.

Reptiles

The site has been shown to support slow-worms and grass snake and so reptile mitigation measures would be required as part of the development. Areas of suitable reptile habitat to be lost to development would be subject to staged removal concurrent with the use of artificial refugia to allow capture and replacement of any animals encountered. Areas of habitat would be enhanced through the use of scrub removal and brash piles. The County Ecologist is content that mitigation measures for a small reptile population are proportionate.

Bats

The site has been shown to support at least eight bat species, including the rare greater horseshoe and Nathusius’ pipistrelle. Four artificial bat boxes would be installed in trees within the site and it is hoped that general habitat improvements would enhance the site for foraging bats overall. There is no mention of site lighting and its potential to impact bats and other species, therefore the County Ecologist advises that further details must be provided so that it can be demonstrated that excessive light spillage, which can have profound negative impacts on nocturnal species, will not be an issue here. It is suggested that details of lighting could be controlled through a condition.

Badgers

There is a large main badger sett just outside the quarry bowl, which would not be directly impacted by the works and so impacts would only arise during construction when badgers may enter dangerous areas and come to harm. It is advised that all excavations of 1m depth or greater are to be covered during the hours of darkness, which would be sufficient measures to mitigate impacts to badgers. In summary, the County Ecologist concludes that, overall, he is now content with the general approach to ecology at the site and would recommend that all measures are secured by condition. As such, the proposal is considered to be in accordance with the aims of Policy CP21 of the JCS, government advice in the NPPF, and the NERC Act 2006 which places a duty to conserve biodiversity on all public bodies.

7. Drainage.

The application is supported by an Outline Drainage Strategy (GVA: October 2017), which was supplemented by additional drainage information to address comments of statutory consultees.

The site is located in Flood Zone 1 (low probability of flooding) and the Council’s Drainage Consultant is not aware of any historic flooding issues affecting the site. However, the flood mapping indicates the centre of the site is susceptible to surface water flooding. The proposals would generate a large increase in surface water run-off, which must be controlled on site and not increase flood risk elsewhere.

A geotechnical site investigation has been carried out resulting in only one location providing a satisfactory infiltration rate, which would provide for an infiltration basin and attenuation pond to serve the entire site. This is in the centre of the lower level and would be designed to cater for the 1:100 year + 40% climate change event.

Foul drainage would discharge to septic tanks and reed bed systems prior to infiltration to ground. Separate systems would serve the proposed development on the upper and lower areas of the site.

Following the receipt of the supplementary drainage information, the Council’s Drainage Consultant has no objections in principle, subject to conditions securing details of the final design, layout plans and construction details of the drainage system, and on-going maintenance thereof.

Hampshire County Council, as Lead Local Flood Authority (LLFA), has commented that following the submission of the further information the proposals for surface water drainage meet the current standards / best practice in relation to surface water drainage. It is important to ensure that the long-term maintenance and responsibility for Sustainable Drainage Systems is agreed.

The Environment Agency has confirmed that the bedrock geology of the site is Chalk, which is designated a Principal Aquifer. Whilst it does not lie within a source protection zone, there are a number of licensed groundwater abstractions in the area and likely to be smaller domestic supplies nearby. Solution pipes have also been identified and therefore the groundwater in this area is very sensitive to contamination and needs to be protected.

Since the previous use of the proposed development site as a quarry presents a medium risk of contamination that could be mobilised by surface water infiltration from the proposed sustainable drainage system (SuDS) leading to pollution of controlled waters. Controlled waters are particularly sensitive in this location because the proposed development site is located upon a Principal aquifer. As such, the Environment Agency do not believe that the use of infiltration SuDS is appropriate in this location. A condition is requested that there should be no infiltration of surface water drainage into the ground. In addition, the Environment Agency requests the inclusion of informative advice to the applicant.

For these reasons the proposal is in accordance with Policy CP25 (Flood Risk) and CP26 (Water Resources / Water Quality) of the JCS.

8. Trees

A group Tree Preservation Order protects trees on the southern side of Soames Lane in the north-eastern section of the site. The application has been supported by an Arboricultural Assessment Report and Tree Protection Plan (Barrell Tree Consultancy: 9 October 2017) to assess the impact on trees within and adjacent to this site. This report shows that all “A” and “B” class trees would be retained by the development. Some “C” class trees (sycamore and goat willow) would be lost in a sliver of land on the eastern side of the access, which are shown to be small or poorly formed trees competing for space with adjacent trees. In addition, further small areas of “C” Class trees within the quarry adjacent to the access track and to the south of the buildings would be lost.

The proposal differs from the previous scheme in that the development does not propose a new access onto Soames Lane in the eastern section of the site, where there were previous concerns that the visibility requirements would potentially impact on the protected trees. The tree belt along Soames Lane would be retained, other thank removal of some small “C” Class trees to the east of the access. The Council’s Arboricultural Officer has no objection, subject to the imposition of a pre-commencement condition requiring the submission and approval of a detailed Arboricultural Method Statement (AMS) and Tree Protection Plan. For these reasons the proposal is in accordance with Policy C6 of the EHDLP: 2nd Review and policy RNP4 of the emerging Neighbourhood Plan.

9. Slope Stability

The application has been supported by a Slope Stability Assessment Report which makes recommendations in terms of the stability of cliff face. This advises the installation of contoured rock netting, which may involve the loss of trees and bushes from the upper tier. New excavations should be cut between 45-53° to require minimal additional support, with steeper excavations requiring additional support. In addition, it is recommended that a small strip of land at the foot of the face is isolated with fencing.

The sections through the site show that the main central cliff face would be graded to an angle of 45°, with the sections of the cliff face around the upper level retain in sections at its existing angle of repose. A supplementary supporting statement has been provided from the applicant’s geotechnical consultant which confirms that the earthworks and regrading proposals appear to be reasonable and in general accordance with the conclusions and recommendations of the stability assessment. As such the proposal is considered to be acceptable in this regard.

10. Planning Obligations and CIL.

JCS policy CP32 states that where the provision or improvement of infrastructure is necessary to meet community or environmental needs associated with new development or to mitigate the impact of development on the environment, the payment of financial contributions will be required through planning obligations and/or the Community Infrastructure Levy (CIL) to ensure that all such development makes an appropriate and reasonable contribution to the costs of provision.

EHDC CIL was adopted on the 8th April 2016, which enables the Council to raise, and pool, contributions from developers to help fund additional infrastructure required to support new development including roads, schools, green spaces and community facilities. If approved, the development would be CIL liable.

In terms of Planning Obligations, no site specific developer contributions have been requested from statutory consultees on this application.

Since the development would exceed the 1,000 m2 floorspace threshold, on-site provision for affordable housing would be expected. This matter is discussed in detailed within Section 1 of this report, where a contribution of £100,000 has been negotiated. If approved, the planning permission would also need to be subject to a Planning Obligation which secures this sum. In addition, the planning obligation will need to include clauses: for the developer to commit to not implementing the IDO permission, and to secure a management and maintenance plan for the common areas of the site.

11. Other matters

Ground Contamination - The Council’s Contaminated Land Officer has no objection to the proposal, subject to the impositions of conditions relating to the validation of remedial works any unsuspected contamination found on site. Due to the uncertain prospect of unsuspected contamination being found, it is recommended that this be an informative note as opposed to a planning condition.

Light Pollution – Third parties have raised concerns about light pollution and dark skies. The site is not within an area designated as a Dark Skies Commodity, although is within a rural area with low density housing. As discussed above, external lighting may impact on ecological interests, thus a condition could be imposed to agree the siting and design of any external street lighting lighting. Development in the lower bowl, is self-contained and unlikely to result in any external light spillage, although there is the potential for the two dwellings on the upper level to contribute towards light spillage. The design of these dwellings should thus include measures to prevent significant external spillage of artificial light, as advised within Policy RNP17 of the emerging Neighbourhood Plan, which would be considered through any reserved matters application when the design and external appearance of the dwellings is proposed.

Response to Parish/Town Council Comments

Ropley Parish Council has objected to the proposal on the following grounds (Officer response shown in italics);

The site is outside the Settlement Policy Boundary for Ropley and there is no proven need for this amount of development, contrary to policy (CP19 Development in the countryside). The District now has a 5 year supply of housing land.The principle of development has been discussed in section 1 of the report, as an enabling form of development to secure the cessation of quarrying activities and the restoration of the quarry. The previous permission was not considered as an exception under the Interim Housing Policy Statement.

No affordable housing is proposed and this has reduced the number of houses on the site to 10 so removing the need to contribute to affordable housing based on number of houses. Whilst the development is below the 11 dwelling threshold, it exceeds the 1,000m2 floorspace trigger for provision of affordable housing. The viability for the contribution towards affordable housing is discussed in section 2 above.

The site is not a Brownfield Site.Officers concur that minerals sites fall outside the definition of previously developed land, as shown in Appendix 2 of the NPPF. The principle of the development has been discussed in section 1 of the report.

The site is in a non sustainable location being 1.5 miles to the village centre, and its facilities, 2 miles to the nearest bus stop and 9 miles to the nearest train station all via narrow country lanes.It is agreed that the site is not in a sustainable location. The benefits of the scheme have been assessed in terms of securing the cessation of quarrying activities and the restoration of the quarry against the provision of new housing in this location.

The development appears out of keeping with the local area. The application is in outline format, thus matter of siting, external appearance and scale would be considered at reserved matters stage. As discussed above the site within the quarry is visually self-contained with limited impact outside the site, other than the longer range views to the two dwellings on the upper plateau.

The emerging Ropley Neighbourhood Plan indicates that villagers do not support the building of developments of large homes over 4 bedrooms, but rather smaller homes suitable for first-time buyers and the elderly. The viability of the proposal has been assessed by the District Valuer, based on the floorspace of the proposal. In viability terms it is highly likely that should the smaller homes be provided, then there would need to be a consequential increase in the number of dwellings to make the development viable. Such a proposal has not been put forward and thus not viability tested.

Conclusion

The principle for the development of 6 dwellings on the site has previously been established with the grant of outline planning permission 20209/007 on the grounds that it would be the minimum number of dwellings necessary to secure the environmental benefits associated with revoking the IDO permission and securing the restoration of the quarry. As a form of enabling development, the applicant has demonstrated through a viability assessment that the quantum of development proposed is the minimum necessary to secure the environmental benefits, with a financial contribution of £100,000 towards the provision of off-site affordable housing. The application is in outline format, and the illustrative masterplan is considered to provide a satisfactory development of the site in layout terms, further consideration would need to be given to the details of the development in terms of its siting, scale, appearance and landscaping at reserved matters stage.

Confirmation has been received from statutory consultees that the development is acceptable in principle in terms of impact on ecology, transport, drainage, and trees. In addition, the development is considered to be acceptable in terms of impact on neighbouring amenities and slope stability.

It is concluded that the social, economic and environmental gains associated with the development of the site in terms of the securing the restoration of the quarry, the revocation of the IDO consent and the provision of 10 new dwellings, outweigh the dis-benefits of the scheme in terms of the planning policy restrictions relating to the provision of new market dwellings within the Countryside. For these reasons, it is concluded that considered that the development constitutes a sustainable form of development and represents an appropriate departure from the policies of the Development Plan.

RECOMMENDATION

That:a) the Solicitor to the Council be authorised to draw up a S106 planning obligation, andb) subject to all relevant parties entering into the S106 planning obligation by 31 December 2018 to: secure the revocation of the IDO consent F20209/6C, as varied by planning permissions 20209/006 and 20209/009, without payment of any compensation, to secure a financial contribution of £100,000 towards the off-site provision of affordable housing, and a management and maintenance plan for the common areas; then the Head of Planning Services be Authorised to grant OUTLINE PERMISSION subject to the conditions set out in the main agenda.

However, in the event that a satisfactory S106 planning obligation is not completed by 31 December 2018, then outline planning permission will be refused under the adopted scheme of delegation, unless an extension of time is agreed by the Head of Planning, in consultation with the Portfolio Holder and Chairman of the Planning Committee.

1 Applications for the approval of the matters referred to herein shall be made within a period of three years from the date of this permission. The development to which the permission relates shall be begun not later than whichever is the later of the following dates:-(i) three years from the date of this permission; or(ii) two years from the final approval of the said reserved matters, or, in the case of approval on different dates, the final approval of the last such matter to be approved.Reason - To comply with the provisions of Section 92(2) of the Town and Country Planning Act, 1990.

2 Prior to the commencement of development on any phase of the outline

permission, plans and particulars showing details relating to access, appearance, landscaping, layout, and scale in respect of Phase 1 shall be submitted to and approved in writing by the local planning authority. No development shall start on any subsequent phases (2 to 11) of the outline permission until plans and particulars showing details relating to access, appearance, landscaping, layout and scale in respect of that phase of development have been submitted to and approved in writing by the local planning authority. These details shall comprise the 'reserved matters' and shall be submitted within the time constraints referred to in Condition 1 above before any development is commenced. Reason - To comply with Article 5 of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (or any Order revoking and re-enacting that Order).

3 No development shall start on site until a construction method statement has been submitted to, and approved in writing by, the Local Planning Authority, which shall include:

A programme of and phasing of demolition (if any) and construction work;

The provision of long term facilities for contractor parking; The arrangements for deliveries associated with all construction

works; Methods and phasing of construction works; Access and egress for plant and machinery; Protection of pedestrian routes during construction; Location of temporary site buildings, compounds, construction

material, and plant storage areas; Provision for storage, collection, and disposal of rubbish from the

development during construction period; and Re-use of on site material and spoil arising from any site clearance

or demolition work.Demolition and construction work shall only take place in accordance with the approved method statement.Reason - In order that the Local Planning Authority can properly consider the effect of the works on the amenity of the locality. It is considered necessary for this to be a pre-commencement condition as these details relate to the construction of the development and thus go to the heart of the planning permission.

4 (a) No development shall commence on site until plans of the site showing details of the existing and proposed ground levels, and levels of proposed internal roads, have been submitted to, and approved in writing by, the Local Planning Authority.

(b) No construction of any buildings shall commence on site until plans showing details of the proposed finished floor levels, levels of any paths, drives, garages and parking areas, and the proposed completed height of the development and any retaining walls have been submitted to, and approved in writing by, the Local Planning Authority.

The development thereafter shall be carried out in accordance with the approved detailsReason - To ensure that a satisfactory relationship results between the

new development and adjacent buildings and public areas. It is considered necessary for this to be a pre-commencement condition as these details relate to the construction of the development and thus go to the heart of the planning permission.

5 No development shall commence on site until details of a scheme for foul and surface water drainage has been submitted to, and approved in writing by, the Local Planning Authority. Such details should include provision for all surface water drainage from parking areas and areas of hardstanding to prevent surface water from discharging onto the highway and should be based on site investigation and percolation tests. The development shall be carried out in accordance with the approved details before any part of the development is first occupied and shall be retained thereafter.Reason - To ensure adequate provision for drainage. It is considered necessary for this to be a pre-commencement condition as such details need to be taken into account in the construction of the development and thus go to the heart of the planning permission.

6 The proposed hard surface/s shall either be made of porous materials or provision shall be made to direct run-off water from the hard surface/s to a permeable or porous surface within the site.Reason - To ensure adequate provision for surface water drainage and avoid discharge of water onto the public highway.

7 No construction of any buildings shall take place until a scheme has been submitted to, and agreed in writing by, the Local Planning Authority to demonstrate that the built development hereby permitted incorporates measures that provides at least 10% of energy demand from decentralised and renewable or low carbon energy sources. Before any part of the development is first occupied a verification report and completion certificate shall be submitted in writing to the Local Planning Authority confirming that the built development hereby permitted has been constructed in accordance with the approved scheme. The developer shall nominate a competent person for the purpose of assessing and providing the above required report and certificate to confirm that the completed works incorporate such measures as to provide these requirements. The measures shall thereafter be retained and maintained to the agreed specification for the lifetime of the development. Reason - To ensure that the development incorporates necessary mitigation and adaptation measures with regard to climate change. It is considered necessary for this to be a pre-commencement condition as these details relate to the construction of the development and thus go to the heart of the planning permission.

8 Before any part of the development is first occupied or brought into use (unless otherwise first agreed in writing by the Local Planning

Authority) a verification report demonstrating the effectiveness of the remediation works carried out and a completion certificate confirming that the approved remediation scheme has been implemented in full shall both have been submitted to and approved in writing by the Local Planning Authority. The verification report and completion certificate shall be submitted in accordance with the approved scheme and undertaken by a competent person in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’.Reason - To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

9 Development shall proceed in strict accordance with the ecological mitigation, compensation and enhancement measures detailed within the Ecological Mitigation and Management Plan: Final Report Revision 4 (ECOSA: August 2018)Reason: To protect biodiversity in the ecological interests of the site.

10 No development shall start on site, including demolition, until a Arboricultural Method Statement and Tree Protection Plan have be submitted to and approved in writing by the Local Planning Authority. This Statement and Plan shall include all the details listed in section 2 of the AMS (heads of terms), sections 14, 15 and 16 of the submitted Arboricultural Assessment Report dated 9 October 2017. The works shall be carried out in accordance with the approved details.Reason - To ensure that the trees on and around the site are adequately protected from damage to their health and /or amenity value. It is considered necessary for this to be a pre-commencement condition as these details need to be agreed prior to the construction of the development and thus go to the heart of the planning permission.

11 Before each of the dwellings hereby approved is first occupied, provision for the parking of vehicles shall be provided within the curtilage of that dwelling and subsequently maintained and kept available solely for that purpose, in accordance with details that have been submitted to, and approved in writing by, the Local Planning Authority.Reason - To ensure adequate car parking provision within the site, in the interests of highway safety.

12 No part of the development hereby approved shall be occupied until details for the on site provision of bin and cycle storage facilities have been submitted to, and approved in writing by, the Local Planning Authority. The development shall not be occupied until the bin and cycle storage has been constructed in accordance with the approved details and thereafter retained and kept available.Reason - To ensure the adequate provision of on site facilities.

13 No development, including demolition and restoration, shall take place on site until a Highway Condition Survey for Soames Lane has been submitted to, and approved in writing by, the Local Planning Authority.

The road surface of Soames Lane shall be reinstated to a similar condition, or better, prior to the occupation of the 10th dwelling on the site, in accordance with the agreed details.Reason - To ensure the highway is protected for the safety of other highway users and having regard to Section 59 of the Highways Act 1980. It is considered necessary for this to be a pre-commencement condition as these details relate to the construction of the development and thus go to the heart of the planning permission.

14 No development shall start on site until the following details have been submitted to and approved in writing by the Planning Authority.(a) a specification of the type of construction for the roads and footpaths, including all relevant horizontal cross sections and longitudinal sections showing the existing and proposed levels together with details of street lighting and the method of disposing surface water;(b) a programme for making up the roads and footpath.The development shall be carried out in accordance with the approved details before any part of the development is occupied unless otherwise first agreed in writing by the Planning Authority.Reason - To ensure that the roads and footpaths are constructed to a satisfactory standard. It is considered necessary for this to be a pre-commencement condition as these details relate to the construction of the development and thus go to the heart of the planning permission.

15 Before any works, including demolition and restoration, commence on site, full details of the access arrangement as shown in outline on drawing number CBO-0453-001 Rev A detailing visibility splays 2.4 by 34.0 m west bound and 2.4 by 38.0 m east bound at the vehicle access point, shall be submitted to and approved in writing by the Local Planning Authority. The sightlines at the access shall be provided in accordance with the approved plans before first occupation of any dwellings hereby permitted, and any landscaping within the visibility pocket must remain at a height of no more than 0.6m.Reason - In the interests of highway safety. It is considered necessary for this to be a pre-commencement condition as these details relate to the construction of the development and thus go to the heart of the planning permission.

16 During the development, no more than 330 tonnes of top soil or other fill material legitimately required in the construction of the scheme shall be imported onto the site in any one working day.Reason - In the interests of the amenity of the area.

17 Development shall be carried out in accordance with the recommendations contained within the Geotechnical Assessment (Quarry Design: August 2017).Reason - In the interests of the stability of the site.

18 No lorries exceeding an unladen weight of 11.7 tonnes, and a gross laden weight of 30 tonnes, shall access or egress the site at any time without the prior written approval of the Local Planning Authority. No articulated lorries are to access or egress the site at any time.

Reason - In the interest of the amenity of the locality.

19 No lorries shall access or egress the site or restoration works shall take place other than between the hours of 07:00 and 18:00 Monday to Friday inclusive and 07:00 to 13:00 on Saturdays. No lorries shall access or egress the site or restoration works shall take place on Sundays, Bank Holidays or public holidays.Reason - In the interests of the amenity of the site.

20 Prior to the removal of more than a one tonne (in total) of any material cut from the site, details setting out the requirement for the removal of the material and the means of its removal from the site, should be submitted to, and approved in writing by, the Local Planning Authority. Development shall be carried out in accordance with the agreed details.Reason - To limit lorry movements to and from the site in the interests of the amenity of the area.

21 The development hereby permitted shall provide a maximum of 10 dwellings and the total floorspace of the dwellings (gross internal area), excluding any garages, shall not exceed 3,266sq.mReason - The site is within a countryside location where planning policies restrict the provision of new dwellings, with the permission granted as an exception to these policies based on the information submitted in the viability appraisal

22 No streetlighting shall be installed on the site until such details have been submitted to and approved in writing by the Local Planning Authority. The lighting shall be installed, operated, and maintained in accordance with the approved details.Reason - In the interests of the amenity of the occupants of neighbouring properties and the interests of highway safety.Note: When submitting details for approval, it is requested that a report from a competent Lighting Professional is provided, confirming that the external lighting installation meets the Obtrusive Light Limitations for Exterior Lighting Installations for Environmental Zone (E2) as set out in the "Guidance Notes for the Reduction of Obtrusive Light GN01:2011" issued by the Institute of Lighting Professionals.

23 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking, re-enacting or modifying that Order) any garages shall only be used for the purpose of parking private motor vehicles and ancillary domestic storage, in connection with the residential use of the property.Reason - To ensure the adequate provision of on-site parking for the purpose of highway safety and to comply with the floorspace limitations set out in condition 21 above.

24 The development hereby permitted shall be carried out in accordance with the following approved plans and particulars:

Application Form

Viability Assessment Report - Town Planning Commentary - CONFIDENTIALConfidential Badger and Peregrine Annex - CONFIDENTIALViability Assessment Report - CONFIDENTIALPlanning statementDesign and Access StatementRegulation 33 Geotechnical AssessmentGeotechnical AssessmentEcological AssessmentEcological Mitigation and Management plan Arboricultural Assessment ReportDrainage StrategyTransport StatementGeo-Environmental & Geotechnical Assessment (Ground investigation) ReportGeo-Environmental Desk Study/Preliminary Risk AssessmentJomas Associates letter re desk based Geo-Environmental Desk Study 170724DWG03 - Geotechnical assessment 2017469-P-01 A - Proposed Masterplan Layout469-P-02 a - Site Sections 469-P-03 A - Location Plan 469-P-04 A - Proposed Phasing Plan 347/01 B - Soft Landscaping Proposals 99/998/01A - rev B & 469-P-01 - Tree Protection Plan

Reason - To ensure provision of a satisfactory development

Informative Notes to Applicant:

1 In accordance with paragraphs 186 and 187 of the NPPF East Hampshire District Council (EHDC) takes a positive and proactive approach and works with applicants/agents on development proposals in a manner focused on solutions by:

offering a pre-application advice service, updating applications/agents of any issues that may arise in the

processing of their application and where possible suggesting solutions, and,

by adhering to the requirements of the Planning Charter.In this instance, the agent was provided with pre-application advice and was updated of any issues after the initial site visit and during consideration of the application.

2 All development shall be stopped immediately in the event that contamination not previously identified is found to be present on the development site and details of the contamination shall be reported immediately in writing to Environmental Health. An investigation and risk assessment should then be undertaken by competent persons and in accordance with ‘Model Procedures for the Management of Land Contamination, CLR 11’. A written report of the findings, to include a remediation statement, should then be forwarded to

the Local Planning Authority for appraisal. Following completion of remedial measures a verification report should be prepared that demonstrates the effectiveness of the remediation carried out. It is recommended that no part of the development be occupied until all remedial and validation works are complete and a Completion Certificate has been issued. This would ensure that no future investigation is required under Part2A of the Environmental Protection Act 1990.

3 The Environment Agency advises that the CLAIRE Definition of Waste: Development Industry Code of Practice (version 2) provides operators with a framework for determining whether or not excavated material arising from site during remediation and/or land development works are waste or have ceased to be waste. Under the Code of Practice:

excavated materials that are recovered via a treatment operation can be re-used on-site providing they are treated to a standard such that they fit for purpose and unlikely to cause pollution;

treated materials can be transferred between sites as part of a hub and cluster project

some naturally occurring clean material can be transferred directly between sites.

Developers should ensure that all contaminated materials are adequately characterised both chemically and physically, and that the permitting status of any proposed on site operations are clear. If in doubt, we should be contacted for advice at an early stage to avoid any delays.

The Environment Agency recommends that developers should refer to: the Definition of Waste: Development Industry Code of Practice on

www.claire.co.uk website and; The Environmental regulations page on GOV.UK.

Contaminated soil that is, or must be, disposed of is waste. Therefore, its handling, transport, treatment and disposal are subject to waste management legislation, which includes:

Duty of Care Regulations 1991 Hazardous Waste (England and Wales) Regulations 2005 Environmental Permitting (England and Wales) Regulations 2010 The Waste (England and Wales) Regulations 2011

Developers should ensure that all contaminated materials are adequately characterised both chemically and physically in line with British Standard BS EN 14899:2005 'Characterization of Waste - Sampling of Waste Materials - Framework for the Preparation and Application of a Sampling Plan' and that the permitting status of any proposed treatment or disposal activity is clear. If in doubt, the we should be contacted for advice at an early stage to avoid any delays.

If the total quantity of waste material to be produced at or taken off site is hazardous waste and is 500kg or greater in any 12 month period the developer will need to register with us as a hazardous waste producer. Refer to the Hazardous Waste pages on GOV.UK for more information.

4 Thames Water advise that with regard to surface water drainage it is the responsibility of a developer to make proper provision for drainage to

ground, water courses or a suitable sewer. In respect of surface water it is recommended that the applicant should ensure that storm flows are attenuated or regulated into the receiving public network through on or off site storage. When it is proposed to connect to a combined public sewer, the site drainage should be separate and combined at the final manhole nearest the boundary. Connections are not permitted for the removal of groundwater. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required. The contact number is 0800 009 3921.

5 The proposed development referred to in this planning permission is a chargeable development liable to pay Community Infrastructure Levy (CIL) under Part 11 of the Planning Act 2008 and the CIL Regulations (as amended)

In accordance with CIL Regulation 65, East Hampshire District Council will issue a Liability Notice in respect of the chargeable development referred to in this planning permission as soon as practicable after the day on which planning permission first permits development. Further details on the Council’s CIL process can be found on the East Hampshire District Council website:http://www.easthants.gov.uk/sites/default/files/documents/Planning%20Contributions%20and%20CIL%20Supplementary%20Planning%20Document%20-%20April%202016.pdf

CASE OFFICER: Stephen Wiltshire 01730 234229———————————————————————————————————————

SECTION 1 Item 1 Ropley Lime Quarry, Soames Lane, Ropley.

Proposed Master Plan