Contact: Julia Davey, ext 6732

1. Summary

1.1 This report considers an application to change the currently approved low level restoration at Mount Pleasant Quarry, Sway by infilling the area with imported inert waste and restoring the landform to agricultural use. The site is within the New Forest Heritage Area. The recommendation is to grant approval, subject to conditions and a lorry routeing agreement.

2. Background

2.1 The site, illustrated on the attached plan, is part of the Mount Pleasant Sand and Gravel Quarry, which was originally granted planning permission in 1947. A new scheme of conditions was granted in 1993 when the Interim Development Order (IDO) permission was approved (00052925M). The approved restoration of the site is at a lower level, which does not involve importing material.

2.2 The nearest houses to the site are to the west on Pitmore Lane and to the north on Kings Hyde.

2.3 To the south of the application site, on the opposite side of North Common Lane, is a waste transfer station operated by George Farwell Limited. Mr Farwell has applied for planning permission to relocate this business to the south with a new access off Pitmore Lane.

2.4 The application site at Mount Pleasant Quarry currently generates an average of 80 lorry movements and a maximum of 120 movements a day.

3. The Proposal

3.1 The proposal is to amend the restoration to provide a more natural landform, and return the site to beneficial agricultural use. To achieve this it is proposed to import about 50,000 cubic metres of soil, silt, clay and other inert waste. Material would be imported on a backhaul basis, ie carried on lorries travelling to the site to collect sand and gravel which would otherwise be empty.

3.2 The applicant states that in winter the site experiences flooding which from time to time overtops the bank and floods the adjoining highway. In addition it retains the water by ponding on the surface for much of the year. The applicant adds that observations and research state that if the land is restored as currently approved approximately five acres will continue to flood and would not be able to be restored to beneficial agricultural use.

3.3 It is proposed that the land be raised using clays and soils and other inert waste material and silt arising from the sand and gravel washing process. Some of the excess run-off water will be collected and retained to form a shallow wetland feature directing towards two existing seasonal ponds on the adjoining restored land. Overflow from these ponds would follow the natural watercourse through the existing culvert beneath the highway adjacent to the Passford House Hotel.

4. Development Plan

4.1 The most relevant policies to this proposal are MW1, MW2 , MW3 and NF1 of the Hampshire County Structure Plan 1996-2001 (Review) (adopted March 2000) and Policies 6, 7, 8, 37, 39 and 42 of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted December 1998), which are set out in the attached appendix.

5. Consultations

5.1 The County Surveyor (Highways) raises no objection to the application, subject to a lorry routeing agreement ensuring that all lorries are routed southwards along Pitmore Lane.

5.2 The comments of New Forest District Council's Environmental Health Officer are awaited.

5.3 The Environment Agency raises no objection, subject to conditions.

5.4 The New Forest Committee comments as follows:

(i) In overall landscape terms the area would benefit from a more natural landform, which mirrors the topography prior to sand and gravel extraction.

(ii) Reinstatement of the hedgerows which appear to follow the pre-existing field boundaries is supported (together with retention of existing hedgerow remnants).

(iii) The final return to 'beneficial agricultural use' requires further clarification. The traditional landscape/land use of the area is small enclosed fields of unimproved grassland for extensive grazing. This would fit with the reinstatement of other traditional landscape features as proposed. The committee would recommend this end use (rather than improved grassland/arable), which would help to meet the biodiversity, landscape character, cultural heritage and sustainable farming objectives in the 'Strategy for the New Forest'. It would also provide land suitable as potential back-up grazing for commoners.

(iv) To achieve an unimproved grassland sward, with a good diversity of plant species, the final fill should be restricted to clay/sand/silt of relatively low fertility and should not include nutrient rich topsoil. A suitable grass/wild flower mix should be used appropriate to the soil/drainage - the Hampshire Wildlife Trust may be able to advise.

(v) In terms of landscaping detail, the hedgerow species mix and most tree species are consistent with those found in the local area. Prunus avium is less typical of the area and cornus sanquinea may prove invasive. In order to successfully retain existing trees/hedgerows, care will be needed to avoid change of levels or compaction within the crown spread.

5.5 Sway Parish Council fully supports the application.

5.6 The Council for National Parks considers it would be inappropriate for the County Council to determine this through an application for variation of condition.

5.7 The local Member, Councillor Thornber, has been informed of the application.

6. Representations

6.1 Two letters of representation have been received from local residents on the grounds summarised below:

(i) generally happy with restoration schedule, provided there are guarantees on the completion dates of extraction;

(ii) concern with proposed drainage because the plan suggests that the water will flow into the boundary of the paddock of Shepherds Green; and

(iii) concern that proposal should not increase lorry movements and turn site into a landfill.

7. District Council's Views

7.1 New Forest District Council raises no objection.

8. County Planning Officer's Comments

8.1 It is accepted that the current restoration creates an unnaturally dished landform and that the proposed importation of material would enable a more natural restoration for the last areas of the site. In addition, the proposed tree, shrub and hedgerow planting would be beneficial.

8.2 There is concern about lorry traffic in the area. However, it is proposed to use lorries collecting sand and gravel to deliver the inert waste. Consequently, there should not be an increase in lorry movements to fulfil the scheme. This backhaul proposal is feasible as the applicant is involved in both mineral extraction and site clearance.

8.3 There is also concern that the proposal would extend the life of the site, therefore prolonging disturbance and the extent of the proposal. However, the aim of the scheme is to improve gradients rather than fully infilling the site to original levels and the timescales are not proposed to be extended.

8.4 The comment of the Council for National Parks, stating that it is inappropriate for the County Council to determine the application as a variation of condition, is not supported. The proposal is to amend the restoration of an existing low level restoration permission back to original ground levels. This will be achieved through the importation of waste with no increase in lorry movements. Amendment to the scheme by applying for a variation of the restoration scheme is therefore considered to be the appropriate way of dealing with this issue.

8.5 In conclusion, it is recommended to approve the proposal as it would result in improved restoration of the site and should not increase environmental disturbance.

Recommendation

That, subject to a lorry routeing agreement ensuring that all lorries are routed southwards along Pitmore Lane, planning permission to vary planning permission No. 00052925M (IDO) through infilling with imported inert waste at Mount Pleasant Quarry, North Common Lane, Sway (Application No. 75970) be granted, subject to the following conditions:

Time Limit

(1) The winning and working of minerals must cease not later than 30 June 2008 and the site shall be restored in accordance with the scheme approved under Condition (12) below within a further period of six months or such longer period as the Mineral Planning Authority may agree in writing.

Reason: To minimise the duration of disturbance to the local area.

Scheme of Working

(2) The site shall be worked in accordance with a scheme to be submitted to the Mineral Planning Authority for approval within three months of the date of this permission or before importation commences, whichever is the sooner.

Reason: To ensure the development is carried out in a properly phased manner.

(3) No extraction shall take place except in accordance with a scheme of working approved under Condition (2) above.

Reason: To ensure the development is carried out in a properly phased manner with a minimum of detriment to the character and amenities of the area.

Hours of Working

(4) Except with the prior agreement of the Mineral Planning Authority in writing, no operations authorised or required by this permission shall be carried out and plant shall not be operated other than during the following hours (to include access and egress of all traffic associated with the development hereby permitted): between 0800 and 1800 hours Monday to Friday and 0800 to 1300 hours on Saturday. No such operations shall take place on Sunday or recognised public holidays.

Reason: In the interests of local amenity.

Dust

(5) The best practical means shall be employed to prevent the emission of dust from the site. A suitable and sufficient system shall be maintained at all times for dampening the surfaces of access roads and haul roads to suppress dust emission.

Reason: To safeguard the local environment.

Noise

(6) Existing soil storage bunds on site shall be retained in accordance with the working plan to ensure that no property shall be exposed to noise greater than 55 dB LAeq (one hour).

Reason: To minimise the noise disturbance experienced by nearby properties.

(7) All vehicles and plant employed within the site shall be fully maintained in sound working order at all times, and shall be fitted with and use effective silencers.

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

Pollution Control

(8) All possible steps shall be taken to prevent any suspended matter or material passing into any watercourse from the extraction or subsequent restoration operations. There shall be no discharge of sand, oil, grease or other offensive or injurious matter into any watercourse.

Reason: To avoid environmental pollution.

(9) Any above ground oil/chemical storage tank/container and associated pipework shall be sited and bunded so as to retain any spillage.

Reason: To avoid environmental pollution.

Access

(10) Prior to exiting the site the wheels of all lorries shall be cleaned to the satisfaction of the Mineral Planning Authority.

Reason: In the interests of highway safety.

(11) Skip lorries, tipper lorries and any other vehicle accessing, egressing and using the development hereby approved shall not exceed 44 movements per day (Monday to Friday) nor 22 movements per day on Saturday unless otherwise agreed beforehand by the Mineral Planning Authority.

Reason: In the interests of local amenity and to avoid adverse environmental impact in the New Forest Heritage Area.

Restoration

(12) The site shall be progressively restored in accordance with a scheme agreed by the Mineral Planning Authority in writing. Such scheme shall be submitted to the Authority within one year from the date of this determination and shall include details of:

(i) the date by which each phase of restoration shall be completed;

(ii) the method, stages and timing of the filling operations, including the stage at which screen bunds are to be removed for restoration purposes;

(iii) the thickness and quantity of the overburden subsoil and topsoil to be used, and the method of soil handling and spreading, including the machinery to be used;

(iv) the final levels of the restored land which shall be such as to allow natural drainage and be compatible with the levels of the adjoining land;

(v) revised landscaping proposals; and

(vi) measures to be taken to drain the restored site.

The details shall be strictly implemented in accordance with the terms approved by the Mineral Planning Authority.

Reason: To ensure the site is satisfactorily restored.

(13) The subsoil shall be spread over the restoration areas, in accordance with the scheme to be approved under Condition (12) above.

Reason: To ensure the site is satisfactorily restored.

Landscaping

(14) The existing trees and hedges shown as being retained on drawing no. P1/771/4 shall not be lopped, topped, felled, uprooted or destroyed without the prior approval of the Mineral Planning Authority in writing. These trees and hedges shall be protected during the mineral extraction operations by strict compliance with the requirements of the Mineral Planning Authority relating to their protection.

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

(15) The existing trees and hedges which cross the site and are proposed to be felled shall be retained until such time as they are required to be removed to work any material located underneath.

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

(16) In the event of the failure of any trees or shrubs planted or required to be retained on the site (in accordance with any scheme approved by the Mineral Planning Authority) to survive for a period of five years from the date of the completion of implementation of the planting scheme, such trees or shrubs shall be replaced with an equivalent number of live specimen of such species.

Reason: To ensure, as far as possible, the maintenance of the planting/landscaping scheme approved.

(17) Not later than six months from the cessation of all extraction or such other date as the Mineral Planning Authority may agree in writing that they are no longer required in connection with the this permission which has updated the Interim Development Order permission [Application No. 49266(M)(IDO)], whichever is the sooner, all plant and machinery, foundations, hardstandings and access roads no longer required in connection with the workings, restoration or future agricultural use of the site, shall be removed from the site.

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

After-care

(18) An after-care scheme requiring that such steps as may be necessary to bring each phase of the land restored under Condition (12) to the required standard for use for agriculture shall be submitted for the approval of the Mineral Planning Authority not later than one year from the date of this determination. After-care of each phase of land restored shall take place for a period of five years in accordance with the approved after-care scheme.

Reason: To ensure the restored land is correctly husbanded.

Other

(19) Soil storage mounds shall be retained in place until such time as they are required to be removed either to work any material located underneath or until the soils of which they are comprised are required for restoration purposes.

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

Materials

(20) Only inert materials approved by way of this permission for the purposes of implementing this permission shall be imported to the site.

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

(21) No topsoil or subsoil shall be removed from the site without the prior approval of the Mineral Planning Authority in writing.

Reason: To ensure the site is capable of satisfactory restoration.

7454/JD

APPENDIX

HAMPSHIRE COUNTY STRUCTURE PLAN 1996-2001 (REVIEW) (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 MW3

Permission will not be granted for minerals and waste development which is likely to cause material harm to any of the following designated areas and sites:

The New Forest;

Areas of Outstanding Natural Beauty;

Special Areas of Conservation;

Special Protection Areas;

Wetlands of International Importance (Ramsar Sites);

Sites of Special Scientific Interest;

National Nature Reserves;

nationally important archaeological sites and monuments, whether scheduled or not, and their settings;

Conservation Areas;

Listed Buildings; and

Parks and Gardens of Special Historic Interest on English Heritage's National Register.

except where the mineral/waste planning authority considers that there is an overriding need for the development to take place in the public interest which outweighs the harm that would be caused, having regard to the level of protection given to the designation concerned in legislation or government guidance.

Policy NF1

To protect the special character of the New Forest, development, even in accordance with other policies of this Plan, will only be permitted where individually or cumulatively with other existing or proposed development, it will not harm the flora, fauna, geological, archaeological or landscape character of the New Forest and will:

(i) help maintain the traditional commoning regime of grazing and management which contributes to the landscape and ecological character of the New Forest; and/or

(ii) help maintain the social and economic well-being of communities in the New Forest Heritage Area; and/or

(iii) promote the enjoyment and understanding of the Area by the public.

Once the boundary of the New Forest Heritage Area has been defined in local plans, it should be regarded as permanent unless there are exceptionally strong reasons for altering it. Any alterations to the boundary should only be undertaken through the local plan process.

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

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 8

Applications for planning permission for minerals or waste development in the following areas will not be granted save when the development would not prejudice the purpose of the designation and where there is an overriding need for the development to take place in the public interest:

(i) the New Forest Heritage Area;

(ii) Areas of Outstanding Natural Beauty;

(iii) National Nature Reserves, Sites of Special Scientific Interest, Special Protection Areas, Special Areas of Conservation and Wetlands of International Importance (Ramsar Sites);

(iv) Scheduled Ancient Monuments and their settings;

(v) Conservation Areas, Listed Buildings, and sites on the National Register of Parks and Gardens of Special Historic Interest.

Policy 37

The Waste Planning Authorities will grant planning permission for waste disposal by landfilling provided they are satisfied that:

(i) the waste to be disposed of cannot practicably and reasonably be reduced, re-used, recycled or processed at a resource recovery plant and there is a proven need for the disposal of the waste by landfilling which cannot reasonably be met by other suitable existing or permitted waste disposal facilities within a reasonable distance of the source of the waste by the preferred areas in Policy 38; and

(ii) the proposed landfilling would normally take place within a mineral working site that:

(a) is an active extraction site; or

(b) has been unsatisfactorily restored and landfilling would enable satisfactory restoration to be achieved; or

(c) has been restored below original levels and there would be an environmental benefit from the raising of levels by infilling; and

(iii) the proposed site is located near to and has adequate access to the Hampshire Lorry Route Network (as shown on the proposals map), so that the development would not be likely to cause unacceptable traffic impact (including the environmental impact of traffic) on the local highway network; and

(iv) the proposed site is located and the proposal includes adequate measures to ensure that no unacceptable impact would be likely to be caused to the occupants or users of houses, other residential buildings, schools, hospitals and other environmentally sensitive buildings and land uses by reason of noise, dust, fumes, smell or other cause; and

(v) the proposed site is located so as to avoid unacceptable impact on landscape, nature conservation and archaeological interests; and

(vi) the proposed site is located and the proposal includes adequate measures to ensure that there would be no significant risk of pollution or danger to public health or safety.

Policy 39

The Waste Planning Authorities will normally only grant planning permission for the disposal of waste by landraising in exceptional circumstances where the need for landfill capacity cannot be met by the infilling of mineral workings and there is no other reasonably practicable means of disposal available.

Policy 42

The Waste Planning Authorities will not permit the disposal of waste by landfilling or land raising where they consider there is a significant risk that the type(s) of waste proposed to be deposited would:

(i) cause pollution of surface drainage or groundwater; or

(ii) give rise to the production of landfill gas such that it would cause an environmental problem in the locality; or

(iii) give rise to any other unacceptable environmental or other effect in the locality.