HERTFORDSHIRE COUNTY COUNCIL
DEVELOPMENT CONTROL COMMITTEE
TUESDAY 9 NOVEMBER AT 10.30 A.M.
Agenda No.
4
BROXBOURNE BOROUGH
APPLICATION FOR VARIATION OF CONDITION 3 (TIME LIMIT) OF
PLANNING PERMISSION 7/0582-87 TO ENABLE COMPLETION OF
EXTRACTION AND RESTORATION AT CHESHUNT PARK FARM,
TURNFORD
Report of the Director of Environment
Author:
Katharine Ingram
Local Member:
Gerald Game
1.
Tel: 01992 556254
Purpose of Report
To consider planning application ref. 7/0960-03 for variation of
Condition 3 (time limit) of Planning Permission 7/0582-87 to enable
completion of extraction and restoration at Cheshunt Park Farm,
Turnford.
2.
Summary
2.1
This application seeks to extend the time limit for the extraction of
minerals, infilling with inert waste and restoration to agriculture that was
permitted under planning permission reference 7/0582-87 at Cheshunt
Park Farm, Turnford. Condition 3 of this permission required that all
development should be completed by 31st March 1999. A subsequent
planning permission was granted in 1999 to extend the time limit to 31 st
December 2000. The current application seeks to extend the limit
again until 31st December 2005.
2.2
Since the original grant of planning permission 7/0582-87 in 1988 the
most significant change to the context of the development has been the
designation of two wildlife sites to the north and south of the unrestored area. A survey conducted by suitably qualified consultants
has confirmed the presence of Great Crested Newts on the site. In
view of their status as a listed species, the report recommends a
number of alterations to the restoration scheme, such as the creation of
new ponds on the site, and precautions to be taken during
development of the site to safeguard the site's newt population.
2.3
The nature of the proposed development should not give rise to any
significant detriment to local amenity, either in terms of traffic, leachate,
or visual intrusion. It is not considered that the proposals would
adversely impact upon or prejudice future development of the Greater
Brookfield Area as detailed in the Broxbourne Local Plan Second
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Review. According to the working and restoration 'timetable' attached
to the original planning permission, the time extension applied for
would allow enough time for the development to be completed.
3.
Conclusion
The report concludes the Director of Environment should be authorised
to permit the development until 31 December 2005, subject to all
relevant conditions attached to planning permission ref 7/0582-87 and
additional conditions requiring the working and restoration plans
(including landscaping) to be updated to reflect the revised timescale
and the recommendations of the Great Crested Newt Survey Report,
together with a requirement for an annual aftercare report.
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1.
Description of the site and proposed development
1.1
Cheshunt Park Farm is located to the west of the A10 near Turnford.
Planning permission was originally granted under reference 7/0582-87
for the extraction of hoggin, limited infilling with inert waste and
restoration to agriculture.
1.2
Condition 3 of this permission required that all development should be
completed by 31st March 1999. A subsequent amendment was granted
in 1999 to extend the time limit to 31st December 2000. The current
application seeks to extend the limit again until 31 st December 2005. A
new planning application (instead of an application to vary the existing
permission) is not appropriate in this case as part of the site is in
aftercare under the extant permission. This application seeks to extend
the time limit until 31 December 2005.
1.3
The extraction site is divided into two areas, both located west of
Turnford and the A10 and accessed from the A10 Turnford junction.
The northern area of the site (Area 'A') and the north-western part of
the southern area (Area 'B') have already been worked and restored.
Only phases 3, 4 and 5 in Area B of the site remain unfinished. These
encompass most of the southern site area with the phasing running
from west to east.
1.4
Between the two areas is an area of ancient woodland, which is also
designated as a County Wildlife site and contains a Scheduled Ancient
Monument. This is "the remains of a substantial and well-preserved
medieval moated site". Another County Wildlife site adjoins part of the
southern border of Area B. Turnford Brook runs through the area of
ancient woodland and around the eastern limit of the extraction area to
join the New River just beyond the south-eastern limit of the site.
Overall, the entire site slopes gently towards the south east. It is all
within the Green Belt.
1.5
The site was effectively left dormant for a number of years while
protracted negotiations were conducted regarding an application that
was submitted by RMC in 2000, reference 7/0910-00, the company that
previously worked the site. This sought permission for infilling with noninert waste and was eventually withdrawn in October 2003. RMC has
since left the site.
1.6
Since the current application was submitted, work has commenced on
site. The impact of this on the plants and wildlife that had colonised the
dormant site has caused significant concern to local residents and has
prevented a comprehensive re-assessment of the site's conservation
value as part of the determination of this application.
1.7
Since the original grant of planning permission 7/0582-87 in 1988 the
most significant change to the context of the development has been the
designation of two wildlife sites to the north and south of the unrestored
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area. A survey conducted by suitably qualified consultants has
confirmed the presence of Great Crested Newts on the site. In view of
their status as a listed species, the report recommends a number of
alterations to the restoration scheme, such as the creation of new ponds
on the site, and precautions to be taken during development of the site
to safeguard the site's newt population.
2.
Consultations
2.1
Broxbourne Borough Council raises strong objections to the proposal.
These are that the application is not consistent with the overall
objectives for the Greater Brookfield Area (in particular policies BFC1
and T8 of the Local Plan Second Review) and that it would have a
detrimental impact on Cheshunt Park Farm Golf Course. They also
advise that attention should be drawn to their emerging proposals for
improvements to the highway network within the vicinity of Greater
Brookfield, which may have implications for the Turnford A10
interchange.
2.2
Although The Environment Agency's initial response said that they had
no comments on the application, they have since been re-consulted
and their further comments are expected.
2.3
Herts and Middlesex Wildlife Trust, English Nature and Hertfordshire
Biological Records Centre (HBRC) all requested that, prior to
determination, an ecological survey be conducted, particularly since
Great Crested Newts were believed to be present on the site. In any
event, Herts and Middlesex Wildlife Trust recommended that, once
restored, an area of the site should be set aside and managed for
nature conservation, and also that a management plan be produced to
provide details of how this area would be managed to enhance its
wildlife value. HBRC also recommended that alternative options for
future restoration be considered to safeguard the site's ecological
value. Following the results of the Great Crested Newt Survey, Herts
and Middlesex Wildlife Trust have advised that they would not oppose
the application provided that a DEFRA licence is obtained prior to
works commencing and that the application is subject to a Section 106
agreement which follows the recommendations made in the Great
Crested Newt Survey report. Since receiving the results of the Great
Crested Newt Survey, English Nature has said that they are satisfied
with the development proposals, providing that the advice and
recommendations in the survey report are adhered to. In particular, the
mitigation measures as detailed in the recommendations must be
adhered to and that development should not go ahead until a Great
Crested Newt licence has been obtained from DEFRA.
2.4
The Wormley Society have objected to the application on the basis of
potential airborne pollution impacting on residents of the new Canada
Fields development and an increase in traffic, particularly in relation to
the potential for more lorries using the A1170.
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2.5
Hertfordshire County Council's Head of Landscape concludes that,
while immediate restoration of the site would be preferable, there is no
objection to the application for an extension of time on the grounds of
visual amenity, landscape sustainability or impact on trees or
landscape character. However, this view is conditional upon the
inclusion of additional landscape treatment to mitigate the impact of the
development, with consequent ecological benefits for the wildlife
associated with the adjacent wildlife sites.
2.6
Hertfordshire County Council as Highways Authority does not wish to
restrict the grant of permission.
2.7
Thames Water, the Highways Agency have no objections to the
application and Transco reported that the proposed works should not
affect their apparatus. English Heritage has no comments.
2.8
No properties were consulted on the application as none fell within the
County Council's boundaries for consultation. One site notice was
erected on 3rd December 2003 and the application was advertised in
the Hertfordshire Mercury newspaper on 5th December 2003. No letters
of objection or support were received as a result.
2.9
The main issues of concern arising from the consultation responses
can be summarised as:
 the impact of the development on the site's ecology linked to the
adjacent County Wildlife Sites, particularly the site's Great Crested
Newt population;
 potential for traffic generation;
 impact on other nearby landuses and residential properties,
particularly the Canada Fields development.
3.
Planning Considerations
3.1
The relevant development plan policies are attached at Appendix A.
Although many of the policies outlined are aimed principally at new
development, it is worth noting the aims and scope of the policies in
terms of the regulation of the type of development proposed by this
application.
3.2
The principal planning policy issues to be taken into account in
determining this application are:
 Impact of the development with reference to the relevant policies
and designations covering and adjacent to the site;
 Presence of a protected species (Great Crested Newts) on the site;
3.3
When assessing the issues surrounding the proposed development it
should be borne in mind that the application is for an extension of time
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for a previously permitted development, rather than for a completely
new proposal. The basic principle of the development and its impact on
the surrounding environment and land uses has therefore already been
considered and concluded to be acceptable. However, that decision
was taken in 1988, since when, environmental standards and the
context of the development have changed. It is therefore prudent to
briefly re-assess the development in light of the current policies
governing mineral extraction and restoration including inert infilling.
3.4
Provided that the site is well restored and that high environmental
standards are maintained, PPG2 states that mineral workings of this
nature need not conflict with the purposes of including land in the Green
Belt. As land in a landscape conservation/character area, the relevant
local policies require careful consideration of the landscape implications
of the development. Any alterations to the natural landform should be
harmonious, impacts of the intervening working should be mitigated and
the restored landscape should at least match and preferably benefit and
improve the surrounding landscape. On any site infilling should be
necessary and appropriate to the restoration scheme and should not
pose a pollution risk. In any case, some form of restoration of the land
is needed to return it to a state that befits the site's landscape
designations.
3.5
At Cheshunt Park Farm only inert filling is proposed and this is only on
part of the site, giving rise to a minimal risk of ground or surface water
pollution. The infilling was designed to assist with the creation of a
gently sloping restored landform that mimics the pre-extraction landform
and as such should sit harmoniously within the surrounding landscape.
Permission for landfilling at Cheshunt Park Farm in accordance with the
approved scheme is identified in the adopted Waste Local Plan. The
site is part of an active farm and was in agricultural use when it was
originally leased for mineral extraction, hence the requirement in the
existing permission for it to be returned to agricultural use.
3.6
Given the site's segregation from other landuses and the restriction to
inert fill only, it seems unlikely that the proposals would have any undue
impact on local amenity. The site is well screened from the A10 and is
only visible from a limited part of the adjacent, publicly accessible,
Cheshunt Park Farm. Cheshunt Park Farm Golf Course is separated
from the site by a dense tree belt. It is unclear from their consultation
response what detrimental impact Broxbourne Borough Council felt that
the proposal would have on this golf course. The boundary of the
Greater Brookfield Area runs along the eastern Bank of the New River.
The Borough Council considers the proposal would be inconsistent with
the aims of this Area. At its closest point, it is within 25 metres of the
site boundary, over 100 metres from the extraction limit and over 200
metres (and screened by woodland) from the area of infilling.
3.7
This part of the Greater Brookfield area currently houses a travellers'
encampment and allotment gardens.
Given the timescale for
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development applied for (i.e. until 31st December 2005) it would seem
unlikely that this part of the Greater Brookfield area would be
redeveloped before completion of the proposed development, and the
new land uses would be no more sensitive to the development than the
current use. The travellers' encampment is well screened from the
development and inert fill should not give rise to any statutory nuisance
such as odour. There would therefore be very little impact on the
amenity of the surrounding area while the site was being worked.
3.8
Under the terms of permission 7/0582-87, all traffic associated with the
development is required to use the access onto the A10 roundabout for
entering and leaving the site. 200 vehicle movements (100 in and 100
out) are permitted each day. Although the Wormley Society was
concerned by the potential for more lorries, particularly along the
A1170, neither the Highways Agency nor Hertfordshire County Council
as Highways Authority has objected to the application. To date, no
complaints regarding lorry movements have been received following the
re-establishment of development activity on the site.
3.9
The County Wildlife Sites either side of the unrestored area were both
designated as such in 1999. They were not therefore considered when
the original application was determined, although the report that was
presented to the Development Control Committee with that application
does make limited mention of unspecified wildlife habitats. The areas of
archaeological interest and ancient woodland were considered and a
10-metre margin was deemed sufficient for their protection.
3.10 The heightened ecological status of areas bordering the site is therefore
the most significant change in circumstances that has occurred since
the grant of permission 7/0582-87 in 1988. This has now culminated in
Great Crested Newts, a protected species, being confirmed as being
present on the site. The report on the Great Crested Newt survey does
not rule out the proposed development, rather it details the precautions
that would be necessary if the site were continued to be worked and the
alterations that would be necessary to the restoration scheme to
provide habitats and protection for the newts. The inclusion of
conservation measures in the afteruse of the site was a recurrent
request from consultees to this application and is a reflection of the
surrounding ecological interests.
3.11 The applicants have stated that they intend to "complete the works in
accordance with the plans and conditions contained within the consent
dated 16 November 1988". The 'Amplification Statement' approved
under planning permission 7/0582-87 sets out a 6 year timetable for
working and restoration of the entire site. The current application,
which was for an approximate two-year period at the time of its
submission, is consistent with this timetable and should therefore
enable completion of the development. No details of available fill were
submitted with the application contrary to Policy 26 of the Minerals
Local Plan. A survey of the site and calculations of the remaining void
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space have been requested from the applicant and, although
unavailable at the time of writing this report, should be available prior to
determination of the application.
4.
Conclusions
4.1
This application does not pose a significant threat to local amenity or
constitute development that is likely to cause a pollution hazard or
adversely impact upon or prejudice future development of the Greater
Brookfield Area as detailed in the Broxbourne Local Plan Second
Review. The site is adequately screened and segregated from public
areas and should not impact on the area of archaeological interest.
The time extension applied for is reasonable according to details
attached to the original planning permission.
4.2
The impact of the development on the ecology both on and surrounding
the site is of greatest concern. In particular, any development
permitted would need to accord with the recommendations of the Great
Crested Newt Survey Report, to ensure protection of this listed species.
If permission is granted for the development it is recommended that it is
therefore on the condition that revised working and restoration
schemes are agreed with Hertfordshire County Council as planning
authority, in consultation with English Nature, to ensure that the site will
be worked and restored in accordance with the recommendations
contained in that report.
4.3
It is of concern that working and restoration of the site has been so
delayed beyond the timescale envisaged when the development was
originally granted permission. The revised working and restoration
schemes should include updated timescales for the phasing of the
development and it will be important that these are adhered to and that
further delay is avoided. The wildlife conservation value of the site
should be enhanced where practicable, in accordance with the relevant
development plan policies. It is recommended that a requirement for
an annual aftercare report (in addition to the annual meeting required
under the present conditions) be added to the updated permission to
assist monitoring of the site's ecological interests.
4.4
For the reasons detailed above and subject to the qualifications
detailed therewith, it is recommended that conditional permission for
the development is granted.
5.
Financial implications
5.1
Planning applications should be determined on the basis of material
planning considerations, and not on the basis of their financial
implications for the County Council. However, it is a requirement of the
County Council to advise all Committees of the financial implications
that may arise from their decisions.
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5.2
If a planning application is refused or is not determined within a specific
period, the applicant has a right of appeal. Any appeal would result in
additional costs, which in part can be met from existing budget
provisions. However, a major public inquiry may give rise to significant
costs for which there is no specific budget provision. If the County
Council refuses an application without reasonable planning grounds on
which to base its decision, it may be liable to pay the costs of the
applicant in contesting the appeal.
Background information used by the author in compiling this report
Planning application reference 7/0960-03
Consultation responses and representations received in response to planning
application ref. 7/0960-03
Hertfordshire Structure Plan Review 1991-2011 (Adopted April 1998).
Hertfordshire Structure Plan Alterations 2001-2016 (Deposit Draft Version,
February 2003)
Hertfordshire Minerals Local Plan 1991-2006 (Adopted July 1998)
Hertfordshire Minerals Local Plan Review 2002-2016 (Second deposit draft
2003)
Hertfordshire Waste Local Plan 1995-2005 (Adopted January 1999)
Broxbourne Local Plan Review 1994
Broxbourne Local Plan, Second Review 2001-2011 (March 2003)
PPG2 (Green Belt)
PPG9 (Nature Conservation)
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APPENDIX A:
Relevant Development Plan Policies
Hertfordshire Structure Plan Review 1991-2011 (Adopted April 1998).
*The aims of policies marked with an asterisk are reiterated in the Structure
Plan Alterations 2001-2016
Key Diagram - Site is within a Landscape Conservation Area.
Policy 1 (Sustainable Development)* - Lists the general aims of development
in Hertfordshire, including: the conservation of important environmental assets
(including landscape and ecological heritage), safeguarding the County's
Green Belt, improving people's quality of life without prejudicing people's
future quality of life or threatening the environment, avoiding pollution, and
making the most efficient use of land and minerals.
Policy 5 (Green Belt)* - This policy makes reference to PPG2 where it
is stated that mineral extraction need not constitute inappropriate
development in the Green Belt, provided that high environmental standards
are maintained and that the site is well restored. Otherwise, inappropriate
development will not be permitted in the Green Belt except in very special
circumstances. Priorities given for the use of Green Belt land include the
improvement of damaged and derelict land, securing the nature conservation
interest and retaining land in agricultural uses.
Policy 29 (Traffic and Road Safety Implications of Development
Proposals)* - States that "development generating particular types of heavy
traffic, including…waste and minerals operations, will be located such as to
discourage that traffic from using roads other than the primary network
wherever possible".
Policy 43 (Landscape Conservation Areas) - Requires that "particular
regard" be given to the setting, siting, design and external appearance of
development permitted in these areas.
Policy 53 (Mineral Extraction)* - The policy gives "prime consideration"
to proper restoration and appropriate afteruse when considering proposals for
primary extraction.
Policy 55 (Waste Management)* - Disposal of waste will only be
permitted where it can be demonstrated that the proposal will not give rise to
unacceptable adverse environmental or other effects and it is necessary and
appropriate to restore sites being worked for mineral extraction.
Hertfordshire Structure Plan Alterations 2001-2016 (Deposit
Draft Version, February 2003) See policies marked with an asterisk listed
above.
Key Diagram - Site is within the Green Belt
Hertfordshire Minerals Local Plan 1991-2006 (Adopted July 1998)
aims of policies marked with a hash are reiterated in the Minerals Local
Plan Review 2002-2016
Policy 1 (Minerals Supply) # - States that: "Planning permission for the
extraction of proven economic mineral reserves will be granted to ensure that
adequate supplies are available to meet the county's agreed apportionment of
regional supply, provided individual proposals satisfy all the relevant
provisions of this plan".
#The
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Policy 2 (Sites for Mineral Working) - Cites Cheshunt Park Farm as
being specifically designated for mineral working.
Policy 3 (Mineral Sterilisation and the Working of Preferred Areas)
#(Policy 5) - Encourages mineral extraction where despoiled land would be
improved following restoration.
Policy 8 (Landscape - General) (also policy 33 of the Waste Local Plan) Requires consideration of the landscape impact of all applications. Within
landscape character areas landscaping schemes will be expected to include
proposals which will result in a landscape which at least matches the existing
quality of the area and preferably offers clear benefits and improvements to it.
Policy 26 (Landfill) #(Policy 14) - Infilling of pits will be required to be
achieved rapidly and with maximum compaction to minimise settlement.
Particularly where infilling with inert fill is proposed applicants must be able to
demonstrate that there is sufficient total quantity of fill likely to be available to
ensure restoration at the required rate.
Policy 31 (Nature Conservation) - States that "restoration…by infilling
will not normally be permitted on or adjacent to sites which have been
identified in District Local Plans as being of scientific value or importance to
wildlife. The County Council will, where appropriate, expect applications on
new sites to include proposals for the restoration of areas of wildlife and
conservation interest and /or the creation of new habitats."
Hertfordshire Minerals Local Plan Review 2002-2016 (Second
deposit draft 2003) See policies marked with a hash listed above.
Hertfordshire Waste Local Plan 1995-2005 (Adopted January 1999)
Policy 1 - This policy gives consideration to the sustainability of the
proposal and the proximity principle.
Policy 2 - This requires that a clearly established need for the
development outweigh any material agricultural, landscape, conservation or
environmental interest affected by the proposal.
Policy 21 - States that landfilling will be permitted at Cheshunt Park
Farm in accordance with the requirements of policy 2 and the scheme of
working and restoration.
Policy 35 - Careful consideration will be given to applications which
would affect designations such as County Wildlife sites and applications
where the impacts have been assessed to be adverse may be refused.
Policy 45 - When determining an application for waste disposal by
infilling, particular regard will be paid to the standard of restoration which can
be achieved and to the progress and quality of restoration works on existing
sites with the operator's control. Where restoration to agriculture is proposed,
the restored quality of the land will be expected to be to the highest
practicable grade which must be at least equivalent to that which previously
existed. Otherwise, permission may be refused.
Broxbourne Local Plan Review 1994
Proposals Map: Application site is within the Green Belt and is
designated as a landscape conservation area. It overlaps with an area of
archaeological interest centred on a scheduled monument within the ancient
woodland to the north of Area B.
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Policy GC1 - There is a presumption against development that does
not accord with the provisions of Policy GC3.
Policy GC3 - Allows development in the Green Belt for the purposes of
mineral extraction.
Policy GC24 - States that the Borough Council will give special
consideration to the landscape implications of proposals within landscape
conservation areas.
Policy GC25 - Precludes the grant of permission for development that would
have a detrimental effect on the landscape quality of the area.
Policy UE7 - An archaeological evaluation of proposal sites that may have
archaeological interest will be required prior to determination of proposals on
such land.
Broxbourne Local Plan, Second Review 2001-2011 (March 2003)
Proposals Map: Application site is within the Green Belt and falls within
the Wormley and Turnford landscape character area. The site is adjacent to a
wildlife site and an area of archaeological interest.
Policy GBC2 (Development Within the Metropolitan Green Belt) permits mineral extraction that accords with the adopted minerals plan within
the Green Belt.
Policy GBC16 (Landscape Character Areas) - Development within
these areas will be expected to include landscape enhancement measures.
Policy GBC21 (Protected Species) - Precludes the grant of permission
for any development that would have a material adverse impact upon such
species and states that "where development is permitted which may have an
impact on a protected species, the council will impose planning conditions to:
facilitate the survival of individual members of the species; require disturbance
to habitats to be minimised; provide adequate alternative habitats to sustain
current levels of population."
Policy BFC1 - Supports the comprehensive redevelopment of Canada
Fields for residential use.
Policy T8 - Provides general support for proposals to improve the
accessibility in the Greater Brookfield Area.
PPG2 Green Belt - This recognises that minerals can only be worked
where they are found and states that: "mineral extraction need not be
inappropriate development; it need not conflict with the purposes of including
land in Green Belts, provided that high environment standards are maintained
and that the site is well restored."
PPG9
(Nature
Conservation) (5-200 paragraphs 44-48) - "It is an offence deliberately to kill,
injure, take or disturb listed animal species; to destroy their resting places or
breeding sites" where listed refers to species listed in Annex IV of the Habitats
Directive, which includes Triturus cristatus (Great Crested Newts). "The
presence of a protected species is a material consideration when a local
planning authority is considering a development proposal which, if carried out,
would be likely to result in harm to the species or its habitat." The guidance
states that English Nature should be consulted and consideration should be
given to attaching appropriate planning conditions to secure the protection of
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the species. Developers should be advised that they must conform with any
statutory species protection provisions affecting the site concerned.
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