Contact: Tanya Davies, ext 6496

1. Summary

1.1 Planning permission is sought for the continued extraction of sand and hoggin and to permit, in addition, Saturday morning working at Kimbridge Farm until 31 December 2008. Letters of objection have been received from local residents.

1.2 The recommendation is to approve the extension of time, but not to allow working on Saturday morning.

2. Site and Proposal

2.1 Planning permission is sought for the continued extraction of sand and hoggin at Kimbridge Farm until 31 December 2008 (with restoration by December 2009) and Saturday morning working. The site, illustrated on the attached plan, comprises a 19 hectare extraction area off Dunbridge Lane, linked by conveyor to a storage and despatch area at Stonymarsh. The conveyor follows the route of the former railway and crosses over the Rivers Dun and Test.

2.2 A planning application to extract hoggin and sand at Kimbridge was submitted in 1987. This application was approved by the Secretary of State for the Environment and then challenged in the High Court, but the decision was upheld (15 June 1990). A temporary planning permission was granted until 31 December 1997. A planning application to extend the life of the operation was submitted in 1997 and approved until 31 December 2001.

2.3 RMC has now submitted a planning application to further extend working at Kimbridge until 31 December 2008. The company has also applied to vary conditions on Planning Permissions TVS5386/1 and TVS5386/4 to allow the continued extraction of hoggin and sand and the operation of the conveyor and storage areas at Kimbridge Farm until 31 December 2008.

2.4 The applicant states that the programme for working at the quarry was delayed initially because of the economic recession in the early 1990s and lower sales than anticipated due to alternative sources. However, some of these alternative sources have now closed and production levels have increased significantly. Based on recent levels of production, it is expected that the extraction of minerals will be completed by 31 December 2008, with all restoration work being completed by 31 December 2009.

2.5 At present all mineral operations, other than essential maintenance, can only take place Monday to Friday. With sales now having reached intended levels, the company is finding it difficult to achieve the required production because the capacity of the conveyor limits the quantities that can be taken out of the site. The company is therefore seeking to vary conditions to allow working on Saturday mornings from 0730 to 1300 hours.

2.6 There are also two minor planning applications to retain the mess room and toilets at the storage and despatch and extraction areas to run with the life of the site until 31 December 2008.

3. Development Plan

3.1 The relevant policies for this application are set out in the attached appendix:

Hampshire County Structure Plan (Review) 1996-2001 (adopted March 2000) Policies MW1, MW2 and MW9.

Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted December 1998) Policies 4, 6, 7, 10, 17 and 18.

4. Consultations

4.1 The County Surveyor (Highways) states that a financial contribution should be made to repair the extraneous damage to the highway caused by lorries turning right out of the site and travelling south, overrunning on the A3057. The cost of repairing the damage and to widen the road is estimated at £8,000. A further £1,500 per year for maintenance is also required, the contribution totalling £20,000.

4.2 Mottisfont Parish Council, Michelmersh Parish Council and the Council for the Protection of Rural England strongly object to the extension of working hours to include Saturday morning but make no objection to the continued extraction until 2008.

4.3 Test Valley Borough Council's Environmental Health Officer's comments are awaited.

4.4 The Environment Agency does not object to the application.

4.5 English Nature raises issues about an application for a consent to discharge water into a tributary stream of the River Test that RMC has submitted to the Environment Agency. English Nature considers that this application should not be considered until the discharge consent issues are resolved.

4.6 The local Member, Councillor Woodhall, concurs with the wishes of the parish councils involved and local residents to the five-day week operation (excluding Saturday morning) and reluctantly agrees to an extension of 11 years beyond the originally approved end date.

5. Representations

5.1 One letter of support and 12 letters of objection have been received from local residents. The issues raised are as follows:

(i) the site has already caused disturbance for local people for 11 years;

(ii) there are houses that back onto the quarry and experience considerable noise, particularly in the bedrooms;

(iii) the site generates dust;

(iv) concerns about continued traffic on country roads, especially at weekends during the summer, when local roads are busy and used by walkers and cyclists;

(v) concerns about continued traffic and pollution;

(vi) impact on local amenity of Saturday morning working;

(vii) impact on the enjoyment of tourists, especially walkers on the nearby Test Way, if the conveyor also operates at the weekend;

(viii) impact on the local economy aimed at tourism/walkers who will be put off by the noise;

(ix) the topsoil stripping is especially noisy;

(x) do not feel there is the demand for the product; and

(xi) the business interests of RMC should not override the contentment of local people.

6. Borough Council's Views

6.1 Test Valley Borough Council objects to the proposed change to the operating hours to allow working on Saturday.

7. County Planning Officer's Comments

7.1 Local residents are understandably frustrated that the life of this site has been extended. However, as Hampshire's diminishing mineral resources are used, sand and gravel sites are becoming increasingly important. A refusal to extend the time for the continued operations at Kimbridge would amount to a sterilisation of the mineral and be contrary to policy.

7.2 However, the application does provide an opportunity to revisit the working/operational practices at the site. One of the major concerns raised by objectors regarding the continued extraction at Kimbridge Farm is the noise arising from the extraction site. In order to try and contain this noise the applicant has been asked if he would increase the height of the bund or erect some acoustic fencing along the boundary with residential properties on Dunbridge Lane. The applicant has agreed to raise the height of the bund alongside Dunbridge Lane.

7.3 The applicant has also applied to work the site on Saturday morning. At present Saturday working is restricted to essential maintenance. The projected end date of extraction at Kimbridge of 2008 does not include working on Saturday morning. If working on Saturday morning was permitted, this end date would be brought forward and the site would be restored sooner. However, whilst it is acknowledged that it would be desirable to restore the site as soon as practicable, the potential noise impacts on local residents of Saturday working could be great. On balance, it is considered that the potential noise impact of Saturday working on residential amenity outweighs the benefits of finishing the site sooner.

Recommendation

That the continued extraction of hoggin and sand, retention of conveyor and storage at Kimbridge Farm, Mottisfont Lane, Romsey until 31 December 2008 (Application No. TVS 05386/5) be approved, subject to a legal agreement concerning a financial contribution towards works on the A3057 and the following conditions:

Time Limit

(1) The winning and working of minerals hereby permitted shall cease on or before 31 December 2008 and the site shall be progressively restored to agriculture in accordance with the scheme approved under Condition (xxi) of Planning Permission No. TVS 5386 within a further period of 12 months.

Reason: To ensure the satisfactory restoration of the site.

Hours of Working

(2) No vehicle shall enter or leave the site and no working shall take place except between the hours of 0700 and 1800 Monday to Friday (but excluding bank holidays) and no operations, with the exception of maintenance, shall take place on Saturday and then shall only be between 0800 and 1300 hours, unless otherwise agreed by the Mineral Planning Authority in writing.

Reason: In the interests of local amenity.

(3) All plant and machinery shall operate only during the permitted hours, except in emergency situations, and shall be silenced at all other times in accordance with the manufacturers' recommendations, unless otherwise agreed in writing by the Mineral Planning Authority. Any emergencies to be notified to the Mineral Planning Authority within 24 hours of their occurrence.

Reason: To safeguard the amenity of the area.

Lorries

(4) No vehicle shall enter the public highway unless its wheels and chassis are clean.

Reason: In the interests of highway safety and to prevent mud and dust getting onto the highway.

(5) No loaded lorries shall leave the site unsheeted except those carrying stone with a diameter in excess of 500 millimetres.

Reason: In the interests of highway safety and the amenities of local residents.

(6) The vehicle access, as shown on drawing no. P1/1315/11/1, shall be used only for the purpose of bringing machinery onto the site and the parking of operatives' cars.

Reason: In the interests of local amenity.

Working Scheme

(7) No operations shall take place except in accordance with the details of the scheme of working shown on drawing no. P1/1315/4/1, unless otherwise agreed in writing by the Mineral Planning Authority.

Reason: To ensure the site is operated as approved.

(8) No materials shall be imported for use in backfilling the site.

Reason: The restoration of the site is not dependent on landfill.

(9) No minerals shall be transferred from the extraction site to the despatch storage area other than by means of the conveyor.

Reason: To minimise vehicle movements on local roads.

Soil Stripping and Storage

(10) All soil and overburden stripped prior to mineral extraction shall be retained on-site for use in site restoration.

Reason: To ensure the proper restoration of the site.

(11) No soils shall be removed from stockpiles, respread or otherwise handled unless in a suitably dry and friable condition so as to avoid compaction; neither shall any of these operations take place between the months of October to April without the prior approval of the Mineral Planning Authority in writing.

Reason: To minimise structural damage and compaction of the soil and to aid the final restoration of the site.

(12) No materials from sources outside the extraction site shall be introduced for processing or storage.

Reason: To keep vehicle movements limited to those required for winning and working of minerals from within the site.

Water Protection and Pollution

(13) Any oil, fuel, lubricant and other potential pollutants shall be handled on the site in such a manner as to prevent pollution of any watercourse of aquifer. For any liquid other than water, this shall include storage in suitable tanks and containers which shall be housed in an area surrounded by bund walls of sufficient height and construction so as to contain 110% of the total contents of all containers and associated pipework. The floor and walls of the bunded areas shall be impervious to both water and oil. The pipes should vent downwards into the bund.

Reason: To minimise the risk of pollution of the watercourse.

Restriction of Permitted Development Rights

(14) Notwithstanding Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 or any Order revoking and re-enacting that Order, with or without modification:

(i) no fixed plant or machinery, building, structures and erections or private ways shall be erected, extended, installed or replaced within the site without the prior approval in writing of the Mineral Planning Authority; and

(ii) no additional lights or fences shall be installed or erected at the quarry/landfill unless details of them have first been submitted to and approved in writing by the Mineral Planning Authority.

Reason: To enable the Mineral Planning Authority to retain control over the development.

Bund

(15) Within two months of the date of this permission a scheme to raise the height of the bund along Dunbridge Lane shall be submitted for the approval of the Mineral Planning Authority. This scheme shall be implemented as approved.

Reason: To reduce the noise impact experienced by residents of Dunbridge Lane.

After-Care

(16) After-care shall be carried out in accordance with the approved scheme, unless otherwise agreed in writing by the Mineral Planning Authority.

Reason: To ensure the site is satisfactorily restored.

Sand-Martins

(17) A sand face suitable for sand-martin nesting shall be provided within the site for the duration of the working.

Reason: In order to continue the provision of a sand-martin nesting site for the life of the site.

6715/TD

APPENDIX

HAMPSHIRE COUNTY STRUCTURE PLAN (REVIEW) 1996-2001 (ADOPTED MARCH 2000)

Policy MW1

Planning authorities will, through policies and proposals in local plans and day-to day development control:

(i) seek to ensure an adequate supply of minerals and provision of waste management facilities to meet needs having regard to the need to: maintain the environmental quality and diversity of Hampshire, including the protection of living conditions; safeguard important socio-economic interests; prevent pollution; and protect features of particular environmental or historical importance including those listed in Policy MW3, Sites of Importance for Nature Conservation and historic parks and gardens;

(ii) seek environmental enhancement and public benefits through minerals and waste development;

(iii) conserve and prevent unnecessary sterilisation of mineral resources and encourage efficient use of materials;

(iv) encourage the use of secondary and recycled aggregate materials; and

(v) seek the management of waste in accordance with the following hierarchy;

1. reduction of waste;

2. re-use of waste;

3. recovery of waste (recycling, composting, energy from waste); and

4. waste disposal;

having regard to the proximity principle and the principle of best practical environmental option.

Policy MW2

Permission will be granted for minerals and waste development provided the mineral/waste planning authority is satisfied that:

(i) any adverse environmental or other impacts that the development would be likely to cause are outweighed by a clearly established need for the development; and

(ii) the proposals, where applicable, include a satisfactory scheme of working and landscaping including details of lorry routeing and, in all cases, include satisfactory measures to ensure that the development would not have any unacceptable environmental, traffic or other impact; and

(iii) the proposals, where applicable, provide for the satisfactory and prompt restoration and after-care of the site to a high standard and to a landform compatible with the local landscape and suitable for an agreed beneficial after-use.

Policy MW9

All mineral deposits will be safeguarded from development which would prevent or prejudice their future extraction unless the local planning authority in consultation with the mineral planning authority is satisfied that:

(i) the area concerned does not contain a workable mineral deposit; or

(ii) there is an overriding need for the proposed development and the extraction of the mineral deposit cannot reasonably be undertaken prior to or in phase with it.

HAMPSHIRE, PORTSMOUTH AND SOUTHAMPTON MINERALS AND WASTE LOCAL PLAN (ADOPTED 17 DECEMBER 1998)

Policy 4

The Mineral Planning Authorities will seek to safeguard unworked mineral deposits from sterilisation by other development and, in particular, will oppose proposals for development which would prevent or prejudice their future extraction, unless they are satisfied that:

(i) the area affected does not contain a workable mineral deposit; or

(ii) there is an overriding need for the proposed development and the extraction of the mineral deposit cannot reasonably be undertaken prior to or in phase with it; or

(iii) it is essential that the proposed development be undertaken without the delay that would be caused by the prior extraction of the mineral deposit; or

(iv) extraction of the mineral deposit would give rise to such serious adverse environmental, traffic or other impact that it is most unlikely that it would be permitted.

Policy 6

Permission will be granted for minerals and waste development provided the Mineral/Waste Planning Authority is satisfied that:

(i) there is a clearly established need for the development (as assessed in relation to the other relevant policies of the Plan) which outweighs any adverse environmental or other impact that the development would be likely to cause; and

(ii) the development would not be likely to give rise to an unacceptable level of adverse environmental, traffic or other impact, pollution risk or danger to public health, particularly in respect of any of the factors specified in Policy 7 and measures would be taken to ensure that any such impacts would, as far as is practicable, be minimised; and

(iii) the proposals provide for the satisfactory working or operation and landscaping of the site and for its satisfactory restoration and landscaping at the cessation of the operations or use or at the end of the life of the facility to a condition suitable for an agreed beneficial after-use which is compatible with adjoining land uses and the planning policies for the area.

Notwithstanding any need there may be for waste disposal, permission will not normally be granted for mineral extraction with restoration by infilling with waste materials unless there is a need for the mineral to be extracted.

Policy 7

The Mineral and Waste Planning Authorities will grant planning permission for minerals and waste development provided they are satisfied that, where appropriate, the proposed development pays due regard to:

(i) the relationship of the proposal site to other properties and land uses (particularly residential and other environmentally sensitive properties) and the likely effects of the proposed development on the locality by reason of noise, dust, smoke, fumes, illumination or any other factor and the need for buffer zones between the development and residential and other properties;

(ii) the likely volume and nature of traffic that would be generated by the proposed development and the suitability of the proposed access to the site and of the road network that would be affected, in terms of highway capacity and safety and environmental impact, and whether any highway improvements required could be carried out satisfactorily without causing unacceptable environmental impact;

(iii) the likely visual impact of the proposed development and the need for additional planting and screening, including planting in advance of the commencement of the development;

(iv) the need to safeguard the character and amenities of individual settlements and to safeguard open gaps between settlements from permanent development which would cause long-term harm to the function of the land;

(v) the likely effects of the proposed development on and the need to protect and safeguard sites of nature conservation, geological, archaeological, historic, architectural and landscape importance and their settings;

(vi) the extent and quality of agricultural land to be taken by the proposed development and the proposals for its subsequent restoration and the likely effects of the proposals on farm structure and management;

(vii) the likely effects of the proposed development on and the need to maintain the distinctive character of the landscape; the likely effects of the proposed development on and the need to safeguard and protect individual species, habitats and landscape features, including woodland, trees and hedgerows; and the likely effects of the proposed development on forestry and woodland management;

(viii) the likely effects of the proposed development on sites used for recreation and public rights of way and the need to protect or secure the satisfactory diversion of public rights of way;

(ix) the likely effects of the proposed development on and the need to safeguard the flow and quality of watercourses, water supplies, floodplains, groundwater, the drainage of the site and adjoining land and the level of the water table in the locality and the likely effects of the proposed development on the immediate setting of any river;

(x) any potential danger to aircraft from birds being attracted to the site;

(xi) the possible amenity implications of any landfill gas that might be generated at the site and of any provisions that might need to be made to deal with it; and

(xii) the likely cumulative impact of the proposed development in combination with any other significant development taking place or permitted to take place in the locality and the need to minimise the impact of mineral extraction and waste disposal operations by securing, where appropriate, the phased release of sites and progression of working and restoration.

Policy 10

The Mineral and Waste Planning Authorities will impose conditions on planning permissions for minerals and waste development to minimise any adverse environmental, traffic or other impact resulting from the development and to ensure appropriate restoration and aftercare of the site. Where such impacts cannot adequately be controlled by conditions, the Mineral and Waste Planning Authorities will seek appropriate planning obligations and/or legal agreements in order to control operations and/or to secure the enhancement of the environment or benefit to the local community.

Policy 17

The Mineral Planning Authorities will grant planning permission for the extraction of sand and gravel provided they are satisfied that such permission is necessary in order to maintain landbanks of reserves of soft sand and sharp sand and gravel, with planning permission for extraction in accordance with the most recent national and regional policy guidance, unless exceptional circumstances prevail.

Policy 18

The Mineral Planning Authorities will grant planning permission for the extraction of sand and gravel, including soft sand and hoggin, provided they are satisfied that such permission is necessary in order to meet a need for the mineral in accordance with Policies 16 and 17 of the Plan having regard to:

(i) the existing level of permitted reserves of the mineral concerned; and

(ii) the rate at which and the length of time over which it is expected that those reserves will be worked; and

(iii) the proposed rate and length of time of working of the mineral deposit that is the subject of the application.