Contact: Julia Davey, ext 6732

1. Summary

1.1 The Environment Act 1995 introduced new requirements for the review of all mineral planning permissions. Under the review, the remaining mineral extraction at Ringwood and Ellingham Quarry, Ellingham Drove, Blashford required the submission of a scheme of new planning conditions by 31 October 1998. A scheme of conditions has been submitted and a revised set of conditions is recommended for approval.

2. Introduction

2.1 The Environment Act 1995 introduced new requirements for the periodic review of all mineral planning permissions. The relevant planning permission for gravel extraction and restoration to water at Ringwood and Ellingham Quarry is Application No. RFR10288 granted on 12 December 1965. In accordance with the review regulations, the applicant was required to submit the present Active Phase 2 Review application with proposed conditions (see Appendix 1) and an Environmental Statement by May 2002.

2.2 The submission of this application provides an opportunity to secure improved operating and environmental standards and satisfactory restoration of the site. Although it is not open to the County Council to refuse the application, a determination may be made as to whether the conditions set out in the application should be agreed or whether modified or different conditions should be imposed. Any conditions for working sites, which fundamentally affect the economic structure of the operation, could render the County Council liable to payment of compensation.

3. Site

3.1 Ringwood and Ellingham Quarry (also known as Ibsley Quarry) and Ellingham Pits, illustrated on the attached plan, extend across approximately 143 hectares of land north and south of Ellingham Drove, Blashford. As shown on the plan it can be divided into three areas - Areas 1, 2 and 3. The mineral review site extends across all three areas.

3.2 Area 1 is the active extraction area comprising Ibsley Water and the plant site. It is bordered by Ellingham Drove to the south from where the site is accessed, Mockbeggar Lane to the north and the A338 Ringwood to Salisbury road to the west. The nearest residential properties are to the north along Mockbeggar Lane and to the east around Moyles Court School.

3.3 Ibsley Water forms part of the Blashford Lakes Reservoir Scheme, where in 1992 planning permission was granted to vary a number of mineral permissions in the area to enable the after-use for water storage. The current after-use permitted by way of this 1992 planning permission is for a fully engineered reservoir contained within six metre high bunds.

3.4 Area 2 comprises Mockbeggar Lakes and the north-east corner of Ibsley Water. Mockbeggar Lakes were formed some years ago following gravel extraction and have since been designated as a Site of Special Scientific Interest (SSSI), Ramsar site and a Special Protection Area (SPA). The area is managed for nature conservation by the Hampshire and Isle of Wight Wildlife Trust. The nearest properties to this part of the site are the same as for Area 1 along Mockbeggar Lane and by Moyles Court School. A `spine' of gravel, still to be worked, marks the boundary of the SSSI and Area 2 to the east and separates it from Area 1, the majority of Ibsley Water, to the west.

3.5 Area 3 is Ellingham Lake, which has been restored to water. The Ivy Lake Water Skiing Club wishes to relocate to Ellingham Lake and has recently made a planning application to the District Council to use this lake for water skiing.

3.6 To the south-east of Ibsley Water and the plant site there is a Conbloc plant, operated by Hanson. Last year this was granted planning permission to remain for another 10 years. It is outside the Mineral Review boundary.

Blashford Lakes Management Plan

3.7 The Blashford Lakes Management Plan was produced by Wessex Water at the time the Blashford Lakes Water Storage scheme was granted planning permission in 1992. This plan outlines a land-use strategy for the area, including the site subject of this review. It earmarks land for certain land-uses, such as footpaths, car parks, recreation, water sports, bird hides, nature conservation, etc. The Plan is under review and the updated document will be ready for publication in December 2002. It will look at land-uses across the review site, suggest footpath routes and analyse the suitability of the review site for recreational purposes.

Appropriate Assessment

3.8 At the same time as processing this review application, the County Council has been undertaking an Appropriate Assessment of the impact of the mineral extraction and proposed site restoration upon this European site as part of the Avon Valley Special Protection Area (SPA). This Assessment is governed by Regulation 48 of the Conservation (Natural Habitats, etc) Regulations 1994. It does not consider issues in relation to the operation of a water storage reservoir. A separate Assessment under the Conservation (Natural Habitats, etc) Regulations 1994 will be required before the Environment Agency grants an abstraction licence for such an after-use to proceed.

3.9 The Appropriate Assessment addresses potential impacts on the SPA, Ramsar site and SSSI. It concludes that without appropriate controls by way of relevant conditions imposed on this mineral review, the integrity of the SPA, Ramsar site and SSSI could be adversely affected. Additional mitigation measures have been proposed within the Assessment. Permission may not be granted until it is agreed that adverse effect on site integrity can be removed by conditions. The views from English Nature on the Assessment are still awaited.

4. The Proposal

4.1 The applicant is proposing 26 conditions to replace the existing conditions attached as Appendix 1. The time limit condition proposes that mineral extraction shall cease by 31 December 2004; all buildings, plant and machinery shall be removed by 31 July 2005 and the site restored in accordance with the proposed provisions of the permission no later than 31 December 2005. This restoration condition states that the site shall be restored in accordance with the details shown on the submitted drawings "unless otherwise agreed in writing by the Local Planning Authority".

4.2 The applicant is proposing that the margins of Ibsley Water are sculpted with overburden and soil from surrounding bunds, to create promontories suited to a nature conservation after-use. The principle of these edge details has resulted from discussions with the County Planning Officer, English Nature and the Hampshire Wildlife Trust, as has the main after-use of the remaining water body, which will still have a water storage use as and when required. However, it has been agreed with the relevant water companies that the requirement for a fully engineered reservoir no longer exists and need not form part of the application.

5. Environmental Statement

5.1 The application was not originally accompanied by an Environmental Statement when it was initially submitted in 1998 . However, this was requested by the County Council and was received in May 2002 and the proposal was considered as an EIA development under the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (as amended).

5.2 The Environmental Statement has highlighted and addressed those matters where the proposal could have significant effects on the environment by way of the proposal, notably hydrology; turbidity; ecology; noise and dust; landscape and visual impact.

5.3 Hydrology - the report identifies the impact of dewatering Ibsley Lake on surrounding water bodies and, in particular, the likely rate of draw-down of the Mockbeggar Lakes as a consequence of the artificial draw-down of Ibsley Lake. The Environmental Statement says of the hydrological report "that contingency arrangements should be made to top up Ibsley Lake, should winter recovery of the water level after the summer draw-down be too slow. This top-up water would come from the River Avon via the existing River Avon Intake which currently feeds Ellingham Intake Pond to the south of Ibsley Water".

5.4 Turbidity - the report looks at turbidity caused during extraction of the spine and plant site area. Turbidity is likely to be caused by fine particles of silt and clay being disturbed by the action of the excavator as it extracts gravel from below the surface of the lake. The report finds that between 1.5 and 0.5 centimetres of sediment may be expected to be deposited between 40 and 400 metres of the excavator over a 12-month period. The report recommends that lake water is pumped during excavation from the western side of the spine to the eastern side to encourage a reverse flow in the lake at the point of disturbance; this should take suspended silts into the western side of the lake away from the SSSI and SPA where wintering ducks rely on submerged plants for food. The same principle, the report states, should apply during the excavation of the plant area, encouraging a flow of water away from the SSSI. The report recommends that the effectiveness of the approach should be assessed by monitoring water clarity across Ibsley Lake before and during extraction and the health of submerged aquatic plants. The report also recommends increased pumping, should the mitigation measures above prove inadequate and ultimately a submerged curtain/screen should be installed if pumping fails.

5.5 Ecology - an ecological report was undertaken making recommendations in relation to the design of the restoration scheme which the applicants say have been taken on board in their revised plans.

5.6 Noise and dust - a noise report was undertaken which concluded that when the northern part of the spine was worked the noise level at the nearest residential property on Mockbeggar Lane will be at the top end of the 55 dB(A) Leq (1 hour freefield) limit outlined in MPG11. The applicant therefore proposes to restrict the hours of working in the northern 150 metres of the spine to between 0800 and 1700 weekdays and 0800 and 1300 on Saturday. The report adds that when the bund along the A338 is removed the overall noise levels affecting those properties near the A338 will rise back up to whatever they were before the bund was installed, suggested as being an increase of approximately 11dB(A). To control dust the applicant is recommending water bowsing and sheeting of vehicles, which can be controlled by way of conditions.

5.7 Landscape and visual impact - in terms of visual impact the report concludes that the removal of all bunds, whilst having a negative impact during removal, will have long-term positive impacts post implementation due to the opening up of views into the site. It also concludes that the proposed summer draw-down of Ibsley Lake, leaving lake margins and parts of the lake bottom exposed, will have limited local impact.

5.8 The Environmental Statement did not supply all the information required and additional information has since been submitted by the applicant to meet the requirements of the EIA Regulations.

6. Development Plan

6.1 The only policy relevant to the review is Policy 10 of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan which states that the County Council will impose conditions on planning permissions for minerals and waste development to minimise any adverse environmental, traffic or other impact and to ensure appropriate restoration and after-care of the site (see Appendix 2).

7. Consultations

7.1 The Department for Environment, Food and Rural Affairs raises no objections to the proposal.

7.2 Ellingham, Harbridge and Ibsley Parish Council has made a number of comments regarding the application which can be summarised as follows:

(i)it welcomes the decision by the Bournemouth and West Hampshire Water Company to "drop for now the scheme for a major reservoir at Ibsley";

(ii)concern is expressed about shoreline erosion to the north of the lake as the size of the waves will increase significantly when the lake is more than doubled in area;

(iii)concern is expressed about noise levels increasing for those properties adjoining the northern shore of Ibsley Water when the bund along the A338 is removed because that could mean it would be more noisy for the wildfowl on Ibsley Water; and

(iv)whilst the matter of footpaths has been left to the review of the Blashford Lakes Management Plan, the Parish Council formally requests a screened path between the bund along the A338 because any other path would disturb wildfowl on Ibsley Lake and would not be welcomed by English Nature or the Hampshire Wildlife Trust. It also requests two bird hides overlooking the lake and Ibsley Common and an opening to the south of St Martin's Church graveyard with seats and an interpretation board.

7.3 English Nature's formal comments are awaited although it has expressed concern about the lack of necessary detail relating to the impact of removing the spine of gravel and, at the time of writing, has requested a meeting to be arranged with the County Planning Officer and the applicant to discuss these matters. English Nature does, however, welcome the proposal to sculpt the margins of Ibsley Water to become more conducive to nature conservation, so long as this work is undertaken before Ibsley Water is flooded. It also sees no problem with the bund along the A338 being removed with relation to impact on birds using Ibsley Water, nor does it object to the principle of a north-south footpath running more centrally across the site nearer Mockbeggar Lakes. As a partner in the review of the Blashford Lakes Management Plan, English Nature is involved in the process of helping to identify the long term land-uses of the area.

7.4 Whilst the formal views of the Hampshire and Isle of Wight Wildlife Trust are awaited pending the result of a meeting being set up by the County Planning Officer with the applicant, the Trust is very concerned about the lack of information relating to the impact on the eastern end of Ibsley Water and Mockbeggar Lakes within the SSSI and Ramsar site. The Trust highlights it has substantial interests in part of the application site as it manages some of the restored lakes on behalf of Wessex Water and New Forest District Council.

7.5 Whilst the formal comments of the Environment Agency are awaited it states that it supports the restoration scheme that maximises the nature conservation interest of the resulting water body. However, it states that there are two key issues which are not satisfactorily addressed in the Environmental Statement. The first one is that further information is needed demonstrating the impact that the proposed draw-down of Ibsley Lake will have on the ground water in the surrounding lakes and locality. The Environment Agency states that if permission is granted it should be subject to a condition restricting the use of Ibsley Water as a reservoir by not allowing any abstraction from the reservoir until the required information has been submitted to its satisfaction. The Agency comments that the applicant is basing the assessment on information gathered on or before 1992. Information which would be submitted to the Agency when the applicant applies for an abstraction licence would, the Agency states, include justification for the quantity of water the applicant wishes to abstract, as well as additional hydrological information.

7.6 The second key issue is turbidity. The Agency is very concerned about the potential `biblical flood' of the western part of Ibsley Lake and the impact that suspended sediments created by this would have on the eastern part of Ibsley Lake and Mockbeggar Lakes, all within the SSSI and Ramsar site. As far as the Agency is concerned the spine should really be the last thing taken out after the lake has flooded. The Agency states that any planning permission granted should be subject to a condition requiring submission of the detailed method of working for removing the spine of gravel prior to any flooding taking place within Ibsley Water.

7.7 The Rights of Way Officer states that he would welcome any proposal to gain a north-south route through the site away from the A338 designed in such a way to be compatible with nature conservation. The route should be a dedicated, definitive right of way and added to the Rights of Way network. It is understood this matter is currently being assessed through the Blashford Lakes Strategy and Management Plan review but that it is possible to have a legal agreement relating to this permission securing the principle of the north-south route.

7.8 The New Forest Committee states it has an interest in the proposals, since the area lies very close to the New Forest Heritage Area, which the Government has said will be treated as a National Park for planning purposes. In addition, the area is being proposed as a National Park.

7.9 The Committee states that the revised application has the following merits:

(i)the decision to abandon the bunded reservoir and remove the existing bunding along the A338 will contribute to restoring the landscape character of the area;

(ii)the proposed design of the new lake appears to enhance the nature conservation potential of the site; and

(iii)the routing of any footpath away from the A338 will significantly improve the quality of the recreational experience for those using the footpath and will, therefore, offer an attractive alternative to the open forest habitats, thereby reducing recreational pressure on these sensitive areas.

7.10 However, the Committee states it does have concerns regarding the environmental impact on Ibsley Water. It states it would like to see an independent monitoring regime put in place to ensure that the proposed measures to prevent a damaging increase in turbidity in Ibsley Water are effective, with agreed criteria to indicate when the proposed mitigation measures would be considered to have not proved sufficiently effective.

7.11 Overall, the Committee believes that the revised application is an improvement on the original application and has no objections to it.

7.12 The Ibsley and District Residents' Association generally agrees with the proposals but makes a number of comments on the application, including:

(i)proposed completion dates should be advanced by one year so that restoration is completed no later than 31 December 2004;

(ii)the County Council should ensure that proposed conditions are adhered to;

(iii)the proposed noise limit of 55dB(A) Leq (1) is rather high and a more reasonable limit would be 50dB;

(iv)the removal of the bunds near Mockbeggar Lane should comply with the wishes of the owners of the properties affected. The bunds between the A338 and the site should be left in place as their removal would open a vista likely to distract the attention of motorists at a critical and dangerous section of the A338. Preservation of the bunds would also reduce noise levels across Ibsley Lake and improve significantly the peace of any lake side activities; and

(v)footpaths and cycleways are needed and redesign of the land between the lake and the A338 presents such an opportunity.

7.13 The Health and Safety Executive states the applicant company is within the HSE's enforcement responsibility under the Health and Safety at Work Act 1974. Authorisation conditions and any monitoring regimes to be required under the Environment Act 1995 should not contain requirements which could adversely affect the arrangements necessary to protect health and safety in the workplace.

7.14 The Council for National Parks (CNP) considers that the determination of conditions should ensure that careful regard is paid to the protection of the wildlife and landscape interests of the site which is designated an SSSI and a Ramsar site and is therefore of national and international importance for nature conservation. Specifically, CNP urges the County Council to ensure that :

(i)the flooding of Ibsley Lake should only take place after the vital landscape edge works have been successfully completed to the satisfaction of English Nature, using material currently stored in bunds along the edge of the A338;

(ii)the method of extraction of the gravel spine between Mockbeggar and Ibsley Lakes should ensure that there is no damage to the nature conservation interest of the whole site;

(iii)a legal agreement is sought from the company that ensures the cessation of all mineral working at the site by the end of 2004; and

(iv)written assurance is secured from the company regarding the financial provision for the restoration scheme and after-care of the site.

7.15 The Civil Aviation Authority considers there is a conflict and wishes to see a bird management plan that sufficiently mitigates the possibility of the proposals increasing the hazard of bird strikes on aircraft operating from Bournemouth Airport.

7.16 The local Member at the time of submission of the application was Councillor Shand, who has since retired. Councillor Mrs Heron is now the local Member for this area and has been informed of the application.

8. Representations

8.1 Three local residents have made representations on the following grounds:

(i)removal of bund would increase noise to residents on Mockbeggar Lane;

(ii)need for footpath and cycleway near A338;

(iii)active encouragement of visitors to area should not be allowed;

(iv)any car parks are not wanted;

(v)existing bird hide access should be extended to general public not just wardens;

(vi)Somerley Estate has shooting rights and could put up shooting hides; and

(vii)birds may react to noise from A338.

9. District Council's Views

9.1 New Forest District Council states that the new Forest Heritage Area currently has National Park status for planning purposes and a wider area, including the site of this application, is included within an area proposed to be designated as a National Park under the National Parks and Access to the Countryside Act 1949.

9.2 The District Council states it has no issue with the principle of the following:

(i)the removal of the spine material as it has always been envisaged that Ibsley would become one large lake;

(ii)the removal of the bunds alongside the A338 because they are currently alien features in the otherwise flat and open landscape of the valley floor;

(iii)the creation of nature conservation margins around the lake; and

(iv)the proposal to use Ibsley Lake for water storage.

9.3 It notes that the creation of the lakes may create some conflict with nature conservation but that this a matter to be sorted out between the County Council and English Nature.

9.4 The District Council raises the following concerns:

(i)Landscaping - not enough detail on planting and restoration. The site is located within a sensitive area of landscape as set out in the New Forest District Local Plan Policy DW-E30A.

(ii)Footpaths - the application may pre-empt reconsideration of footpath routes as proposed in the Blashford Lakes Strategy and Management Plan review and the District Council would wish to see these considered in more detail as part of this application rather than being left as a matter to be dealt with by way of condition.

(iii)Recreation - the landscape and nature conservation proposals should not pre-empt the potential recreational use of Ibsley Water by creating areas where recreational uses will give rise to objections from nature conservation interests.

(iv)Access - any future public access from Ellingham Drove should be established as part of this scheme.

9.5 The District Engineer (Drainage) states that he is aware that during certain storms Ellingham Drove floods from Docket's water. In the past the flood water was permitted to drain into Ibsley Lake. He states this is beneficial in that it reduces the depth of flooding of Ellingham Drove and may reduce the possibility of properties upstream from being flooded.

10. County Planning Officer's Comments

10.1 The main issues raised by the application are:

(i)the limitation of the application and the Environmental Statement;

(ii)the need to revise the submitted conditions and to secure legal agreements to ensure that issues, such as after-care and long-term management of the site for nature conservation and future public access, are secured in principle, without prejudicing the review of the Blashford Lakes Management Plan and Strategy;

(iii)footpath location;

(iv)noise; and

(v)after-uses.

10.2 The mineral review site continues to be worked under the old conditions and, if not updated soon, the reserves will be worked out before new restoration conditions can be applied. It is considered that the conditions proposed by the applicant do not adequately protect the nature conservation importance of the sites, restoration and after-care, amongst other things. Accordingly, a revised set of conditions is being proposed, together with appropriate legal agreements, to secure the principle of footpaths across the site and its long-term nature conservation management.

10.3 The application has not fully addressed a number of issues. Of most concern to those bodies responsible for protecting the nature conservation interests is the information on the methodology and scheme of working for removing the spine of gravel between the western part of Ibsley Lake and the rest of the water bodies and land to the east. There is also concern about the information and mitigation proposed for the turbidity of the water and its levels during the flooding of the western part of Ibsley Lake. However, additional information has been submitted which addresses the significant concerns raised.

10.4 It is considered that conditions should be imposed preventing removal of the spine or flooding of Ibsley Lake until satisfactory details have been agreed.

10.5 The view of Ellingham, Harbridge and Ibsley Parish Council that any footpath should be alongside the A338 to prevent disturbance to birds is not supported by English Nature. Indeed, the application proposes that the margins of Ibsley Lake are detailed to encourage nature conservation. There are also recreational benefits to not having a footpath alongside the A338.

10.6 However, at present it is only the principle of a north-south footpath route that is being proposed and it is considered that the details are dealt with by way of legal agreement on any consent granted .

10.7 The Environmental Health Officer has observed that noise will increase for those properties on Mockbeggar Lane nearest the A338. However, the 11 dB(A) difference stated in the application is questionable because it has not been supported by technical evidence. The Environmental Health Officer is of the opinion that the bund was always a temporary measure while the gravel was being extracted and it was understood it would be removed once gravel extraction finished on the site. Nevertheless, removal will impact on those properties nearest to the A338 who have got used to the bund being there. In cases such as this it is important to balance the long term benefits of removing the bund to the overall character of the area with the disbenefits to the countryside in terms of it remaining. It is considered, on balance, that the bund should be removed and the earth used to help sculpture the lake margins to help increase the nature conservation value of the site. However, it is considered that the bunding to the south of Dairy Cottage on Mockbeggar Lane and those properties near the spine of gravel should remain until after the gravel is removed. This can be dealt with by way of conditions.

10.8 The District Council's comments concerning the need to ensure the future use of Ibsley Lake is not prejudiced by way of this application are noted. However, the overall benefit of the revisions that have been negotiated relates to changing the future use of Ibsley Lake from a fully engineered reservoir with six metre high banks to a more natural looking lake conducive to nature conservation but which can still be used for water storage. Water levels will fluctuate and in summer the draw-down will mean that much of the northern end of Ibsley Water will be exposed (ie the reeds and other aquatic vegetation). This clearly will have an impact on the use of Ibsley Lake for certain water sports at certain times of the year. However, on balance, the benefits far outweigh the disbenefits. The issue of recreational after-use is being addressed by the Blashford Lakes Strategy and Management Plan review. Future recreational uses would be subject to future planning application(s).

10.9 In summary therefore, it is considered that there is a need to determine this application now to provide a set of modern conditions which the County Council can enforce to ensure the protection of this sensitive site, as well as its satisfactory restoration and long-term after uses. These conditions reflect those suggested by way of the Appropriate Assessment as required by the Conservation (Natural Habitats, etc) Regulations 1994.

Recommendation

That, subject to legal agreements for the long-term nature conservation management, including ecological/hydrological monitoring of the site, and to secure the principle of a north-south public footpath across the site, the Review of Mineral Planning Permissions at Ringwood and Ellingham Quarry, Ellingham Drove, Blashford, near Ringwood (Application No. 00065190M) be approved, subject to the following conditions:

Time Limits

(1)Extraction of minerals shall cease by 31 December 2004; all plant, buildings, fences, haul roads, hardstandings and machinery associated with the site subject of this review shall be removed by 31 July 2005 and the site restored in accordance with details approved under Condition (40) by 31 December 2005, unless otherwise agreed by the Mineral Planning Authority in writing.

Reason: The development is of a type not considered suitable for permanent retention.

Working Programme

(2)The remaining mineral reserves beneath the plant site subject of this application and as identified on Plan A shall be worked in accordance with a scheme to be submitted to the Mineral Planning Authority for approval within one month of the date of this permission. The minerals shall then be worked in accordance with the approved scheme.

Reason: To enable the Mineral Planning Authority to adequately control the development and to minimise its impact on the amenities of the local area.

(3)The `spine' of minerals separating Ibsley Water east (SSSI) from Ibsley Water west, as identified on Plan A, shall not be removed until a scheme for working this mineral has been submitted to the Mineral Planning authority for approval in writing and thereafter worked in accordance with that approval. The scheme shall include a time/phasing programme and shall address the protection of the SSSI/SPA/Ramsar site of Ibsley Water east and Mockbeggar Lakes from potential increased turbidity.

Reason: To ensure the protection of Ibsley Water and Mockbeggar Lakes (SSSI/Ramsar/SPA).

(4)No material shall be stored within five metres of any tree trunk or under the fully extended width of the tree canopy, whichever is the greater. No material shall be stored within two metres of any hedgerow.

Reason: To ensure the protection of existing trees on the site.

(5)All soils stored on the site are to be used in the restoration of the site and shall not be exported from the site unless otherwise agreed in writing by the Mineral Planning Authority.

Reason: To ensure the land is satisfactorily restored.

(6)The existing earth bunds to the west and north of Ibsley Water shall not be removed until a method statement for their removal and their reuse on the site or their removal from the site has been agreed with the Mineral Planning Authority. The earth bunds to the south of Dairy Cottage and Old Farm shall remain on site until the northern 150 metres of the gravel `spine' has been worked in accordance with Condition (3) above.

Reason: In the interests of nearby residents.

(7)The stripping and handling of topsoil shall only take place in fine, dry weather when the soil is in a dry and friable condition. Dump trucks and back actors only shall be used to strip soils. Vehicles transporting soils shall do so along haul routes previously agreed in writing by the Mineral Planning Authority.

Reason: To ensure satisfactory restoration of and to protect and enhance the nature conservation value of the site.

Restriction of Permitted Development Rights

(8)Notwithstanding the provisions of Parts 19 and 21 of Schedule 2 of the Town and Country Planning General Development Order, 1988 (or any Order amending, replacing or re-enacting that Order):

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

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

Reason: To protect the amenities of the area.

Hours of Working

(9)Except in emergencies to maintain safe quarry working (which shall be notified to the Mineral Planning Authority as soon as practicable) or unless the Mineral Planning Authority has agreed otherwise in writing:

(i)no operations, including the movement of commercial vehicles, other than water pumping, servicing, environmental monitoring, maintenance and testing of plant shall be carried out at the site except between the following times:

0700 and 1800 hours Monday to Friday; and

0700 and 1300 hours on Saturday;

except when the dragline is working the northern 150 metres of the gravel spine as shown on Plan 100(m/56). In this instance working hours shall be 0800-1700 Monday-Friday and 0800-1300 Saturday. There shall be no operations taking place during Sunday, public holidays or Bank holidays;

(ii)no servicing, maintenance and testing of plant shall be carried out at the site between 1800 and 0700 hours on any day (and at no time on Sunday or public holidays);

(iii)no operations other than environmental monitoring and water pumping at the site shall take place on Sunday or public holidays.

Reason: To protect the amenities of local residents.

Depth of Working

(10)No extraction shall take place except in accordance with the levels and contours outlined in the restoration scheme approved under Condition (40) below.

Reason: To ensure the site is restored in such a way that it can support its primary use of nature conservation.

Limits to Working Area

(11)Within three months of the date of this permission, boundaries of the area of mineral to be extracted beneath the plant site are to be submitted to and agreed by the Mineral Planning Authority in writing.

Reason: To contain the development within its permitted boundaries, to avoid effects on surrounding land and to avoid affecting the restoration or subsequent after-use of the site.

Importation of Material

(12)No material shall be imported into the site, with the exception of materials required for the use of the adjacent site for making concrete blocks and for blending purposes related to the concrete batching plant, which shall pass through the site gates as permitted by planning permissions RFR 14446 and 12841M.

Reason: To minimise the risk of pollution to watercourses and aquifers; ensure the approved restoration of the site; and guard against additional adverse traffic impact by way of noise and disturbance to residents.

Access

(13)The surfacing of the site access and haul road shall be maintained in a good state of repair to the satisfaction of the Mineral Planning Authority and kept clean and free of mud and other debris at all times.

Reason: In the interests of highway safety and safeguarding the local environment.

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

Reason: In the interests of highway safety and safeguarding the local environment.

(15)A drainage system shall be installed and maintained, within three months of the date of this permission, to the satisfaction of the Mineral Planning Authority, to ensure that no slurry or water from the permitted area flows onto the public highway.

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

(16)No commercial vehicles shall enter the public highway unless their wheels and chassis have been cleaned to prevent debris and mud being deposited on the highway.

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

(17)There shall be no vehicular or pedestrian access to or from the A338 during the implementation of the development hereby permitted, the only access being the current access off Ellingham Drove.

Reason: In the interests of highway safety.

Dust

(18)Within one month of the date of this permission a scheme and programme of the measures for the suppression of dust shall be submitted to and approved by the Mineral Planning Authority. The scheme shall include, inter alia, measures for:

(i)the suppression of dust caused by the moving and storage of soil and overburden, stone and other materials within the site, including the loading/unloading of any materials into lorries within the site; and

(ii)dust suppression on haul roads.

Such a scheme shall be implemented and complied with at all times.

Reason: To protect the amenities of the locality from the effects of dust and mud arising from the development.

Noise

(19)Within one month of the date of this permission background noise levels at nearby residential properties (identified in consultation with the Mineral Planning Authority) shall be submitted for written approval of the Mineral Planning Authority and used as a means of implementing Condition (20) below.

Reason: To protect the amenities of local residents.

(20)The noise emitted from the operations on the site shall not exceed 55bB(A) Leq (1 hour freefield) at noise sensitive dwellings identified in consultation with the Mineral Planning Authority between 0700 and 1800 hours Monday to Friday and 0700 and 1300 hours on Saturday (excluding Sunday, public holidays and Bank holidays).

Reason: To protect the amenities of local residents.

(21)All vehicles, plant and machinery operated within the site shall be maintained in accordance with the manufacturer's specification at all times, and shall be fitted with and use effective silencers.

Reason: To minimise the adverse impact of noise generated by the mineral extraction and associated operations on the local community.

(22)Within one month of the date of this permission a scheme and programme of measures to reduce potential noise impact to local amenities shall be submitted to the Mineral Planning Authority for approval in writing and thereafter implemented in accordance with that approval.

Reason: In the interests of local amenity.

(23)Reversing alarms to be used on any mobile plant on the site in connection with the mineral extraction or earth moving operations shall be restricted to modulated or silent types as contained in the application.

Reason: In the interests of local amenity.

Water Protection and Pollution

(24)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 or 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 pipe work. The floor and walls of the bunded areas shall be impervious to both water and oil. The pipes shall vent downwards into the bund.

Reason: To minimise the risk of pollution of watercourses and aquifers.

(25)No extraction, tipping or temporary storage of materials shall take place within 10 metres of any watercourse, unless otherwise stated in writing by the Mineral Planning Authority. Under no circumstances shall waste material enter any watercourse or culvert.

Reason: To minimise the risk of pollution of watercourses and aquifers.

(26)No water shall be discharged from the workings into any watercourse or onto land outside the boundaries of the site.

Reason: To prevent pollution of ground water resources.

(27)Prior to the removal of the 'spine' of gravel separating Ibsley Water east from Ibsley Water west, as identified on Plan A, and prior to any lowering of water levels in the SSSI, a water management plan clarifying water levels during water lowering operations should be agreed in writing by the Mineral Planning Authority.

Reason: To minimise any adverse impact to the SSSI/SPA and Ramsar site at Mockbeggar Lakes and Ibsley Water.

(28)No raising of water levels should take place in Ibsley Water west (the northern half of which supports Crassala and is currently de-watered) until Crassala within the quarry has been managed in accordance with a scheme to be submitted to the Mineral Planning Authority for approval in writing.

Reason: In the interests of the ecology of the area.

(29)No water abstraction shall take place from the site unless otherwise agreed in writing by the Mineral Planning Authority in consultation with the Environment Agency.

Reason: To protect against any adverse impact to the SSSI/SPA/Ramsar site and to the hydrology and water regime of the surrounding area.

(30)No watercourse shall be incorporated into the workings and no direct connection shall be made between the workings and any watercourse.

Reason: To protect against any adverse impact to the SSSI/SPA/Ramsar site.

(31)No solid matter, sand, gravel, or excess amounts of suspended matter, oil, grease or any other odour-inducing or injurious matter, shall pass into any watercourse from the development hereby approved, except as may be permitted by any relevant consent issued by the Environment Agency.

Reason: To protect against environmental pollution.

(32)No dewatering of the excavations shall be permitted whilst adjoining watercourses are running bank-full under flood conditions.

Reason: To reduce flood risk of the local area.

Landscaping

(33)The existing trees, bushes and hedgerows within the site shall be retained and shall not be felled, lopped, topped or removed in areas outside of the current or succeeding phase of mineral working without the prior written consent of the Mineral Planning Authority. Any such vegetation removed without consent, dying, being severely damaged or becoming seriously diseased as a result of operations permitted by this permission shall be replaced with trees or bushes of such size and species as may be specified by the Mineral Planning Authority in the planting season immediately following any such occurrences.

Reason: In the interests of amenity and wildlife conservation, as appropriate.

(34)Within three months of the date of this permission a scheme of landscaping shall be submitted to and approved by the Mineral Planning Authority; such a scheme shall include provision for:

(i)a plan identifying all trees and shrubs which are to be removed and those which are to remain, including plans to remove, as appropriate, any dead trees which may protrude above Ibsley Lake's surface when Ibsley Water is flooded;

(ii)the planting of trees, shrubs and plants, as appropriate, and provision of fencing or earth mounding and seeding to be undertaken in advance of extraction and so as to screen site operations, as appropriate;

(iii)the species, size, number and location of any trees and shrubs proposed to be planted and measures to be undertaken for their protection from weeds and vermin;

(iv)any seed mixture, fertilisers and weedkillers to be used and their rates and location of application;

(v)a timetable for implementation; and

upon approval such scheme shall be implemented.

Reason: To comply with Section 197 of the Town and Country Planning Act 1990, to improve the appearance of the site in the interests of visual amenity, to screen the workings, and to assist in absorbing the site back into the local landscape.

(35)Trees, shrubs and hedges planted in accordance with the approved scheme shall be maintained and any plants which within five years of planting die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing with the Mineral Planning Authority. All planting shall be carried out in accordance with BS4428, 1989 "Recommendations for general Landscape Operations" or as subsequently amended.

Reason: In the interests of the amenity of the local area and to ensure the development is adequately screened.

(36)Soil placement and restoration shall only take place in fine dry weather when the soil and ground are in a dry and friable condition.

Reason: To ensure the land is satisfactorily restored.

Nature Conservation

(37)Prior to the 'spine' of gravel separating Ibsley Water west from Ibsley Water east (SSSI/SPA/Ramsar) being removed, a scheme for translocating the seed bed/surface layer of the 'spine' to specified banks and edges of Ibsley Water, shall be submitted to the Mineral Planning Authority for approval in writing and thereafter implemented in accordance with that approval.

Reason: In the interest of nature conservation.

(38)Prior to the 'spine' of gravel (as shown on Plan A) separating Ibsley Water west from Ibsley Water east being removed, plants of high ecological value (including rare species) shall be identified on the spine and along the banks of Ibsley Water east. Methods for their protection/translocation are to be submitted to and approved by the Mineral Planning Authority in writing.

Reason: In the interests of nature conservation.

(39)Prior to the removal of the 'spine' of gravel (as identified on Plan A) separating Ibsley Water east from Ibsley Water west, a scheme for monitoring the effectiveness of the existing silt lagoons shall be submitted to the Mineral Planning Authority for approval and thereafter implemented in accordance with that approval, including any remedial action that may be required.

Reason: To guard against any pollution impact to the SSSI/SPA/Ramsar site by way of turbidity.

Restoration, After-care and After-use

(40)The site shall be restored to nature conservation purposes and public footpaths, taking into account its potential use for public water supply (in the form of a below ground-level water body), in accordance with a scheme to be submitted for written approval by the Mineral Planning Authority within three months of the date of this permission. The scheme shall include details of:

(i)the nature of the intended after-uses of the site;

(ii)the final levels of the restored land (and the gradient of the restored slopes around the margins of the excavation);

(iii)the reinstatement of the plant site and access roads by clearing plant, buildings, machinery and concrete or brickwork unless otherwise agreed in writing by the Mineral Planning Authority;

(iv)how margins and banks are to be seeded/vegetated;

(v)the boundaries of the lake(s) to be left on conclusion of workings, including any islands or promontories to be left or formed with overburden or surplus material and the battering down of the restored banks of the lake unless otherwise agreed in writing by the Mineral Planning Authority;

(vi)a timetable for implementation and after-care; and

upon approval, such scheme shall be implemented as approved unless a variation has been agreed in writing by the Mineral Planning Authority.

Reason: To ensure that the site is restored in an orderly manner to a condition capable of beneficial after-use and in the interests of the amenity of local residents.

(41)Any plant which is no longer in operation shall be removed from the site. All plant and buildings shall be removed from the site on completion of mineral extraction, unless otherwise agreed in writing with the Mineral Planning Authority.

Reason: In the interests of the amenity of the local area.

(42)In the event of a cessation of winning and working of minerals prior to the achievement of the completion of the approved scheme, which in the opinion of the Mineral Planning Authority constitutes a permanent cessation within the terms of Paragraph 3 of Schedule 9 of the Town and Country Planning Act 1990, a scheme, to include details of restoration and after-care, shall be submitted in writing for written approval to the Mineral Planning Authority, within three months of the cessation of winning and working. The approved scheme shall be fully implemented within six months of the written approval, unless otherwise agreed in writing with the Mineral Planning Authority.

Reason: To enable the Mineral Planning Authority to adequately control the development and to ensure that the land is restored to a condition capable of beneficial use.

(43)An after-care scheme, requiring that such steps as may be necessary to bring each phase of the land restored under Condition (40) to the required standard for use for nature conservation and public footpaths shall be submitted for the written approval of the Mineral Planning Authority not later than six months from the date of this permission and thereafter be implemented as approved. The scheme shall include annual meetings to which the Mineral Planning Authority, landowner and any appropriate tenant representatives of the site shall attend.

Reason: To comply with the requirements of Schedule 5 of the Town and Country Planning Act 1990 and to ensure that the restored land is correctly husbanded and to bring the land to the standard required for the approved after-uses.

Other

(44)All gates installed at the entrance to the site off Ellingham Drove shall be kept locked outside the hours of operation specified in Condition (9).

Reason: In the interests of local amenity and site security.

(45)Within 12 months of the date of this permission, details for the location and implementation of a north-south footpath across the site shall be submitted to the Mineral Planning Authority for approval.

Reason: In the interests of local amenity.

(46)Within 12 months of the date of this permission details of the water supply infrastructure to support the water storage after-use of Ibsley Water shall be submitted to the Mineral Planning Authority for approval in writing and shall thereafter be implemented in accordance with that approval.

Reason: In the interests of the visual amenity and landscape character of the area.

(47)Within six months of the date of this permission a bird management plan to mitigate against the possibility of increasing the hazard of bird strike on aircraft operating around Bournemouth Airport shall be submitted to the satisfaction of the Mineral Planning Authority and thereafter implemented.

Reason: To prevent conflict by way of bird hazard to Bournemouth Airport.

7248/JD

APPENDIX 2

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

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 after-care 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.