Contact: Neil Chester, ext 6496

1. Summary

1.1 Planning permission is sought to vary conditions relating to the working and the restoration schemes at Mortimer Quarry, Mortimer West End. These variations are required because additional settlement lagoons have been created at the site due to the high silt content of the mineral. The principle of the revised restoration scheme is accepted; however, there is concern that further detail is required to ensure restoration is appropriate. This concern can be addressed by a condition.

1.2 It is recommended that permission is granted, subject to conditions requiring the submission of additional details regarding the restoration scheme.

2. Site and Proposal

2.1 The application site, illustrated on the attached plan, is located on the Hampshire/Berkshire border, about 13 kilometres north of Basingstoke. Mortimer Quarry has been operational since early 1998. The mineral was known to have a high silt and oversize content requiring a sophisticated washing process and disposal to settlement lagoons. However, the silt content is even higher than expected and the settlement system has not been as efficient as anticipated. There is the need therefore, for additional silt lagoons.

2.2 The original silt lagoon reached capacity in the early part of 2000 and the operator created an additional silt containment area (SCA1) at the eastern end of Burnt Common where gravel extraction had already taken place. The development occurred without permission and, therefore, this element of the application is retrospective.

2.3 Since that time SCA1 has become full to capacity. The operator is therefore, also seeking planning permission to create a further silt containment area (SCA2) at the western end of Burnt Common. It is anticipated that SCA2 will accommodate all of the remaining silt generated.

2.4 As a consequence of creating new silt ponds, the approved working and restoration of the site will need to be revised. This application is to vary Conditions (9), (13), (14), (21), (23), (25), (26) and (27) of permission BDB32190, which was granted in October 1995. These conditions refer to the approved working scheme (B156m/11c) and the approved restoration scheme (B156m/12c).

2.5 The proposed restoration scheme does not differ significantly from the approved plan. The most noticeable difference concerns the contours of the site. The final landform in the west of the site will be higher than previously approved. In addition, the restoration of SCA1 has been revised from heathland to a natural regeneration to scrub.

3. Development Plan

3.1 Hampshire County Structure Plan Review 1996-2011 (adopted March 2000) Policy MW2 concerns environmental impacts and restoration (see attached appendix).

3.2 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted December 1998) Policy 19 concerns preferred areas for mineral extraction; Policy 35 concerns ancillary development at minerals sites (see attached appendix).

4. Consultations

4.1 Mortimer West End Parish Council has not responded to the consultation.

4.2 Stratfield Mortimer Parish Council has not responded to the consultation.

4.3 Basingstoke and Deane Borough Council raises no objections to the proposal.

4.4 West Berkshire Council raises no objections to the proposal.

4.5 The Environment Agency has not responded to the consultation.

4.6 The Environmental Health Officer (Basingstoke and Deane Borough Council) raises no objections to the proposal.

4.7 English Nature raises concerns that the proposed scheme is inadequate to ensure appropriate restoration of the site. There is also concern that there will be destruction of reptiles (listed on Schedule 5 of the Wildlife and Countryside Act 1981) if the previously approved schemes are implemented without revision or mitigation. English Nature requests that SCA1 be restored to heathland and not left to regenerate to scrub, that the retained northern area be grazed and managed appropriately to enhance its conservation value, the contours be changed on the western portion of the site and that no further restoration be carried out until a scheme detailing how protected species will be safeguarded is approved by the Local Planning Authority.

4.8 The Hampshire and Isle of Wight Wildlife Trust raises no objections, subject to conditions to establish clear timetables for restoration and long-term management.

4.9 The County Council (Rights of Way) raises no objections to the proposal.

4.10 The County Council (Highways) raises no objections to the proposal.

5. Representation

5.1 The local Member, Councillor Chapman, has been informed of the proposal.

6. Chief Planning Adviser's Comments

6.1 The proposal (part retrospective) is to create two new silt containment areas within the existing operating area at Mortimer Quarry, Mortimer West End and therefore to vary conditions (Application No. BDB32190) relating to the approved working and restoration schemes.

6.2 Both English Nature and the Hampshire and Isle of Wight Wildlife Trust welcome the opportunity to revise the restoration scheme and do not object to the principle of the proposal. However, English Nature are concerned about the details of the scheme that has been submitted. Since receiving the comments of English Nature, the applicant has revised the restoration scheme to incorporate some of the suggested changes to the management of the restored land.

6.3 The significant issues relating to this application are associated with the restoration and future management of the site. English Nature is concerned that the proposed restoration will result in an unacceptable site for nature conservation purposes. It would prefer these concerns to be addressed prior to the determination of this application. The elements that require further information are a scheme to safeguard protected species on site (particularly reptiles), a scheme for the management of the area of ecological significance to the north of the quarry, a detailed methodology for the restoration of the site and a change in contours across the western portion of the site. Additionally, English Nature argues that it is appropriate for restoration not to exceed the original ground level of 100 metres AOD until the details of the scheme have been agreed.

6.4 English Nature has also stated that the originally approved restoration scheme is likely to result in an adverse impact on the populations of reptiles on the site and is therefore, not acceptable without revision. To mitigate any likely impact on these populations it is necessary to secure a detailed and comprehensive scheme for their protection. The applicant has indicated a willingness to agree to such a scheme. The populations of reptiles on site are also protected by the Wildlife and Countryside Act (1981) (as amended).

6.5 There is further concern from the Hampshire and Isle of Wight Wildlife Trust that the timetables for restoration are unclear and, in particular, there is no date for completion of the restoration and after-care.

6.6 Notwithstanding these concerns, the planning view is that the majority of issues can be adequately addressed by conditions requiring the submission of further details and an after-care scheme. However, the area of significant ecological value to the north of the site is outside the quarry and the applicant does not have an interest in the land. Therefore, it is not possible to condition the management of this land. The proposed contours at the site are restricted by the amount of restoration material available on site. There is insufficient material to create more shallow contours across the western section of the site.

6.7 The application provides an opportunity to update the planning conditions at the site and secure a more appropriate restoration scheme. Restoration is currently taking place according to the original scheme and, therefore, it is important to secure the necessary amendments.

6.8 It is considered that the proposal provides an opportunity to improve the restoration of the site by amending the existing landscaping scheme and securing timescales for restoration and after-care. Therefore, the recommendation is that planning permission be granted, subject to conditions.

Recommendation

That planning permission for the variation of conditions attached to planning permission BDB32190 to allow for the construction of additional silt disposal facilities (part retrospective) at Mortimer Quarry, Welshman Road, Mortimer West End (Application No. BDB53439) be granted, subject to the following conditions:

Time Limits

(1) The development hereby permitted shall commence within five years from the date of this permission.

Reason: To comply with Section 91 of the Town and Country Planning Act 1990.

(2) The winning and working of minerals permitted by planning permission BDB32190 shall cease on or before eight years from the date of commencement (5 January 1998) and the site shall be finally restored within a further period of one year or such longer period as the Mineral Planning Authority may agree in writing.

Reason: To comply with Schedule 5 of the Town and Country Planning Act 1990 and to minimise the duration of disturbance from the approved operations.

Restriction of Permitted Development Rights

(3) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development Order) 1995 (or any Order revoking and re-enacting that Order) no vehicular access other than that shown on the approved plans shall be formed to the site, without the prior approval of the Mineral Planning Authority.

Reason: In the interests of highway safety.

Access

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

Reason: In the interests of highway safety.

Hours of Working

(5) Except with the prior approval of the Mineral Planning Authority in writing, no operation authorised by this permission shall be carried out and plant shall not be operated other than during the following hours: between 0700 and 1900 Monday to Friday; 0800 and 1300 on Saturday. No such operations shall take place on Sunday or recognised public holidays.

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

Noise

(6) Noise from all operations on the site, including extracting, processing and haulage shall not exceed 52dB LAeq (one hour) (free field) at any noise sensitive premises.

Reason: To minimise the noise disturbance experienced by local residents.

Dust

(7) A scheme for the suppression of dust shall be submitted to the Mineral Planning Authority within one month of this permission. The measures shall be implemented upon approval of the scheme.

Reason: To safeguard the local environment.

Water Protection and Pollution

(8) The approved hydrological monitoring scheme shall be implemented for the duration of the development. Should monitoring reveal an adverse impact on local ground water levels then mitigating measures should be immediately submitted to the Mineral Planning Authority for approval and implemented immediately on receipt of the approval of the Mineral Planning Authority in writing.

Reason: To safeguard environmentally sensitive areas.

(9) All tanks containing fuel shall be sited on a concrete base surrounded by bund walls capable of retaining at least 110 percent of the tank's volume and any spillages from fill or draw pipes. The bund walls shall be built and subsequently maintained in a condition such as to satisfy this condition in respect of the reason stated.

Reason: To prevent pollution of water courses and ground water.

(10) No water carrying any form of pollution shall at any time be allowed to flow or permeate into any adjacent land, watercourse, ground water resource; nor shall any solid material or litter at any time be allowed to overspill or be blown over any adjacent land.

Reason: In the interests or general amenity and to avoid environmental pollution to adjacent land.

(11) In backfilling the settlement ponds the integrity of the aquitard separating the ground water associated with the Bagshot Beds from the ground water associated with the overlying plateau gravels shall be maintained. There shall be no direct tipping into the water.

Reason: To prevent pollution of water courses and ground water.

(12) No refuse shall be burnt on site or deposited in any watercourse.

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

Importation of Material

(13) No materials from sources outside the site shall be introduced to the site for backfilling or for processing, or for use in the plant hereby approved, without the prior agreement of the Mineral Planning Authority in writing.

Reason: To minimise lorry traffic generation and the duration of disturbance from mineral extraction and processing.

Depth of Working

(14) No excavation shall take place to levels below the final working depth indicated on the approved drawing no. B156m/24c, and the Bagshot Beds shall not be disturbed except from obtaining silts and clays from the Upper Bagshot Beds, except for the purposes of obtaining sealing media for the protection of the ecologically sensitive areas and where required to form clean water and silting facilities (at locations to be agreed beforehand by the Mineral Planning Authority in writing).

Reason: To ensure that the final landform is in keeping with the locality and capable of a beneficial after-use.

(15) The extraction and restoration of the site shall proceed in accordance with details shown on varied plans B156m/24c and B156m/12i(a) dated October 2002, unless otherwise agreed in writing by the Mineral Planning Authority.

Reason: To ensure that the site is satisfactorily restored.

Soil Stripping and Storage

(16) All topsoil, subsoil and overburden stripped prior to mineral extraction shall be stored separately and retained on site for use in site restoration.

Reason: To ensure that the site is satisfactorily restored.

Restoration, After-care and After-use

(17) No further restoration shall take place until a detailed methodology for the restoration of the site has been submitted to and approved by the Mineral Planning Authority.

Reason: To ensure satisfactory restoration of the site.

(18) A detailed methodology for the restoration of the site shall be submitted to the Mineral Planning Authority within three months of the date of this permission. This methodology shall be additional to the approved restoration plan (drawing no. B156m/12i(a)) and together they shall comprise the restoration scheme.

Reason: To ensure satisfactory restoration of the site.

(19) The fencing around the areas of ecological importance to the south (Welshman's Pond) and the north of the site, as indicated on drawing no. B156m/12i(a), shall be maintained for the duration of the operations around these areas.

Reason: To safeguard environmentally sensitive areas.

(20) Planting indicated on the restoration scheme (B156m/12i(a)) shall be implemented within the first planting season following the restoration of the site.

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

(21) The subsoil and topsoil shall be respread over the western part of the site to be restored to pasture (as indicated on drawing no. B156m/12i(a)), to an even depth as to follow the final contour of the land indicated on approved drawing no. B156m/12i(a) and to permit natural surface drainage.

Reason: To ensure that the site is satisfactorily restored to pasture.

(22) Following the respreading, tining and scarifying of soils, the western area of land to be turned to pasture (as indicated on drawing no. B156m/12i(a)) shall be prepared to a state suitable for seeding by grading using a light bulldozer or tracked loader and by cultivation.

Reason: To facilitate proper restoration of the land.

(23) An after-care scheme, requiring that such steps as may be necessary to bring those parts of the site to be restored for agriculture and nature conservation (indicated on drawing no. B156m/12i(a)) to the required standard for agriculture and nature conservation shall be submitted for the approval of the Mineral Planning Authority not later than six months from the date of this permission and before the final grading of the areas put aside for nature conservation, whichever is sooner. After-care shall commence as soon as each phase is restored to the satisfaction of the Mineral Planning Authority.

Reason: To ensure land restored to agriculture and nature conservation is correctly husbanded.

(24) The submitted after-care scheme shall specify in outline the programme of after-care. The programme shall include provision for an annual site meeting to discuss the detailed steps necessary on the restored land.

Reason: To ensure land restored to agriculture is correctly husbanded.

(25) Subject to Condition (23), after-care of the site shall be carried out in accordance with the after-care scheme as approved by the Mineral Planning Authority in writing.

Reason: To ensure land restored to agriculture is correctly husbanded.

(26) No later than four weeks before each annual meeting referred to in Condition (24) above, a detailed scheme for the after-care of the restored land shall be submitted to the Mineral Planning Authority. No later than two weeks following the annual meeting a detailed scheme (revised as necessary following the annual meeting) shall be submitted for the approval of the Mineral Planning Authority.

Reason: To bring land to the standard required for agricultural use.

(27) The overflow pipe linking the site with Benyons Enclosure, south of Welshman's Road, shall be of sufficient size to accommodate gravity discharge after site restoration.

Reason: To avoid prolonged waterlogging of the site during the winter.

(28) The central drainage ditch for the land restored to pasture shall be of adequate capacity for its catchment area. The ditch shall be carefully dug to an even gradient with sides gently sloping to avoid bank slippage. Where slippage occurs the section of the drainage ditch shall be re-excavated.

Reason: To ensure the satisfactory drainage and restoration of the site.

(29) No later than 12 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, whichever is the sooner, all plant and machinery, buildings, foundations, hardstandings and access roads no longer required in connection with the workings, restoration or future use of the site shall be removed from the site.

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

(30) Prior to commencing restoration on the silt lagoon system, a scheme for the safeguarding of protected species, including reptiles, shall be submitted to the Mineral Planning Authority within three months of the date of this permission. On approval by the Mineral Planning Authority the scheme shall be implemented.

Reason: To protect the nature conservation value of the site.

Landscaping

(31) The trees and hedges on site which are to be retained shall be protected during the extraction and restoration by strict compliance with the requirements of the Mineral Planning Authority relating to their protection.

Reason: To ensure the enhancement of the development by the retention of natural features.

(32) Planting indicated on the restoration scheme (B156m/12i(a)) shall be implemented within the first planting season following the restoration of the site.

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

(33) No work shall take place within the crown spread of existing trees either underground or on the surface, including the storage of materials, excavating soil and fixed plant.

Reason: To protect the health and stability of the trees to be retained on site.

Footpaths

(34) Measures should be taken to ensure that Footpaths No. 1 and 2 are not in any way obstructed during operations.

Reason: In the interest of local amenity and public safety.

Advice Note

This permission varies Conditions (9), (13), (14), (21), (23), (25), (26) and (27). All other conditions relating to planning permission BDB32190 remain valid.

7778/NC

APPENDIX

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

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.

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

Policy 19

The Mineral Planning Authority will grant planning permission for the extraction of sand and gravel from land within the following preferred areas, as shown on the proposals map inset maps:

Area 1 - North of Welshman's Road, Mortimer West End;

Area 2 - Bramshill Plateau, Hartley Wintney/Eversley;

Area 3 - Roke Manor, Shootash;

Area 4 - Gardeners Lane (The Triangle), Ridge;

Area 5 - Bleak Hill, Harbridge;

Area 6 - Plumley Wood and Farm, Ringwood Forest;

Area 7 - Blue Haze (North), Ringwood Forest;

provided that the development proposals meet the specific criteria for the preferred area as set out in the text accompanying the proposals map inset maps.

Policy 35

In cases where it is not permitted by the Town and Country Planning (General Permitted Development) Order, the Mineral Planning Authorities will grant planning permission for minerals processing and manufacturing plant and other development ancillary to the extraction, landing or unloading of minerals within the boundaries of, or adjacent to, mineral extraction sites, aggregates wharves and rail-head aggregates depots, provided that:

(i) in the case of processing plant, it is required to process minerals either extracted from the mineral working site, landed at the wharf or delivered by rail to the depot;

(ii) in the case of manufacturing plant, the greater part of the minerals to be used to manufacture the product will be either extracted from the mineral working site, landed at the wharf or delivered by rail to the depot, and the manufacturing activities will remain ancillary to the primary use of the site as a mineral extraction site, aggregates wharf or rail-head aggregates depot;

(iii) in the case of other ancillary development, the development is required solely in connection with the administration or servicing of the mineral working site, wharf or depot;

(iv) the plant or other development is to be designed, constructed and landscaped so as to minimise any adverse impact on the amenities of the area and, in any case, it would not be likely to give rise to any unacceptable environmental, traffic or other impact;

(v) the size, type and nature of the plant or other development are appropriate to the scale of the mineral extraction site, aggregates wharf or rail-head aggregates depot for which it is required; and

(vi) the plant, structure or building would be removed as soon as extraction of minerals from the mineral working site has permanently ceased or the use of the aggregates wharf or rail-head aggregates depot has ceased and the site would be restored to a satisfactory condition suitable for an agreed beneficial after-use.

Where permission is granted for minerals processing or manufacturing plant at or adjacent to a mineral extraction site, this will be subject to conditions preventing the importation of material from elsewhere, with the exception of material that is necessary for the operation of the plant but is not, or was not formerly, extracted from the mineral extraction site.