Contact: Julia Davey, ext 6732

1. Summary

1.1 This report considers an amendment to the resolution that Members of this Committee made regarding the mineral review application at its meeting on 17 July 2002.

1.2 The amendment is required because of the need to be able to monitor the site with an updated set of conditions; the slow progress on behalf of the applicant in completing the Section 106 agreement; and the steady extraction of mineral from the site.

1.3 The recommendation is to amend the resolution of 17 July 2002 so that the Review of Mineral Planning Permissions at Ringwood and Ellingham Pits (Application No. 00065190) is granted without the need for a Section 106 agreement, covering long term nature conservation management, footpath provision and hydrological/ecological monitoring. It is recommended that conditions are updated and revised to compensate, in part, for some of the issues that would have been covered by the Section 106 agreement.

2. The Site

2.1 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 - 1, 2 and 3. The mineral review site extends across all three areas.

2.2 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 the east around Moyles Court School.

2.3 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.

2.4 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 currently 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.

2.5 Area 3 is Ellingham Lake, which is a gravel pit filled with water but which has not been formally restored and which is not currently subject to any after-care or management. The Ivy Lake Water Skiing Club wishes to relocate to Ellingham Lake and is about to make a planning application for this use.

2.6 To the south-west of Ibsley Water and the plant site is the Conbloc Plant, operated by Hanson. In 2001 this was granted planning permission to remain for a further 10 years. It is outside the mineral review boundary.

2.7 The County Council, as Mineral and Waste Planning Authority, is also currently in receipt of another application to relocate the existing concrete batching plant on the site to a new site 125 metres to the east.

3. The Proposal

3.1 The application subject of this report is the review of mineral planning permissions at Ringwood and Ellingham Quarry, Ellingham Drove, Blashford which is being determined under the Environment Act 1995. Under the review, the remaining mineral extraction at Ringwood and Ellingham Quarry required the submission of a scheme of new planning conditions by 31 October 1998. These conditions were determined at this Committee's meeting on 17 July 2002, and the accompanying report and resolution is attached as Appendix 1.

3.2 The details of the application, the proposal, and the environmental assessment accompanying the application are outlined in the attached reports to this Committee of 17 July 2002 (Appendix 1) and 11 September 2002 (Appendix 2) which dealt with amendments to the landscape bund on the eastern boundary of the site.

4. Planning Update and Officer's Comments

4.1 At the meeting on 17 July 2002 Members resolved with regards to the above mineral review application at Ringwood and Ellingham Pits (Appendix 1) 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 footpath across the site, the review of mineral planning permissions at Ringwood and Ellingham Quarry, Ellingham Drove, Blashford, near Ringwood (00065190) be approved, subject to the conditions specified in the report.

4.2 Since then the Chief Executive (Legal Services Division) has been trying to secure the completion of the unilateral undertaking pursuant to Section 106 of the Town and Country Planning Act 1990, in accordance with the Members' resolution. However, there has been no indication that such completion will happen in the near future, if at all. The County Council has been informed by the applicant that all mineral is likely to be extracted from the site by the autumn of this year.

4.3 The Chief Planning Adviser is increasingly concerned about the situation for two main reasons: the continuing extraction of mineral, and the need to monitor and enforce conditions on the site.

4.4 If the applicant does not sign the Section 106 agreement before the mineral is extracted the need to review the mineral permission in effect becomes redundant.

4.5 The need to monitor and enforce conditions on the site is also being made increasingly difficult whilst the Section 106 agreement has not been signed and the permission and modern conditions not issued.

4.6 There have been, and continue to be, some problems with the operation of works on the site impacting upon it. These include a sudden breach of the gravel spine separating Ibsley Water from Mockbeggar Lakes, resulting in the collapse of the sluice between Mockbeggar Lakes and Ibsley Water. Also, the turbidity of Mockbeggar Lakes, a site of international importance for nature conservation, has been increasing significantly over the past year or so and should not be happening. The silt pond system on the site should effectively filter the water so that it is clear when it enters Mockbeggar Lakes.

4.7 Investigation by County Council officers has revealed that of the four silt ponds forming part of the working scheme only one remains operational because all the others have been filled with silt. This pond is not able to cope with the quantity of water entering it.

4.8 The County Council, English Nature, the Hampshire and Isle of Wight Wildlife Trust and the Environment Agency are very concerned about this situation and the applicant has been asked to remedy this as a matter of the utmost urgency.

4.9 One of the difficulties the County Council faces with regards to planning enforcement on the site is that, until the review application is issued with modern conditions, the Council has only a handful of old conditions on the original mineral consents to enforce against. The basic nature of the conditions makes enforcement action more difficult. Nevertheless, investigation into enforcement action is being undertaken.

4.10 In view of the difficulties the County Council is facing in controlling the nature of the development on the site, combined with the steady extraction of the mineral, it is recommend that the Members' resolution of 17 July 2002 regarding the Review of Mineral Planning Permissions at Ringwood and Ellingham Pits be amended to enable the permission to be issued without an accompanying Section 106 agreement. Conditions can be attached to the Mineral Review Permission requiring the submission and implementation of footpaths, hydrological and ecological monitoring and management schemes, with required timescales.

Recommendation

That the review of mineral planning permissions at Ringwood and Ellingham Quarry, Ellingham Drove, Blashford, near Ringwood (Application No. 00065190) be approved, subject to the conditions specified in the report to the Regulatory Committee of 17 July 2002, amended to incorporate:

Time Limits

(1) Extraction of minerals shall cease by 31 December 2003; all plant, buildings, fences, haul roads, hardstandings and machinery associated with the site subject of this review shall be removed by 31 July 2004 and the site restored in accordance with details approved under Condition (40) by 31 December 2004, 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) 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.

(4) 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.

(5) 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.

(6) 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

(7) 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

(8) 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

(9) 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

(10) 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

(11) 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

(12) 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.

(13) 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.

(14) 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.

(15) 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.

(16) 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

(17) 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

(18) 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.

(19) 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.

(20) 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.

(21) 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.

(22) 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

(23) 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.

(24) 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.

(25) 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.

(26) Within one month of the date of this certificate, a water management plan detailing the means of controlling water levels within the lakes subject of the application site during operations and the aftercare period shall be submitted to and agreed in writing by the Mineral Planning Authority and thereafter implemented in accordance with that approval 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.

(27) Within two months of the date of this certificate, a programme of walks to monitor and control Crassala and any other species as identified as alien within the site 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 the ecology of the area.

(28) 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.

(29) 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.

(30) 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.

(31) No dewatering of the excavations shall be permitted without the prior written approval of the Mineral Planning Authority. Any proposal for dewatering shall be accompanied by a full hydrological assessment.

Reason: To reduce flood risk and prevent against adverse impact of the local area.

Landscaping

(32) 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.

(33) Within three months of the date of this permission a scheme of landscaping and a scheme of management for existing and proposed planting 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.

(34) 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.

(35) 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

(36) Within one month of the date of this certificate a report shall be submitted to the Mineral Planning Authority for approval in writing of any translocations of seed bed/surface layer of the `spine' (that separated, Ibsley East from Ibsley Water west) supporting plants of high ecological value (including rare species) that took place in connection with extraction of the `spine'. The report shall identify the receptor areas and detail the intended management of the receptor areas during the life of this permission and the aftercare period 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.

(37) Within one month of the date of this permission, 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

(38) The site (including Ibsley Water and Ellingham Lake) 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 and enhancement for nature conservation through management and implementation of remedial measures;

(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, including all the Lakes (Ellingham, Ibsley and Mockbeggar Lakes) is restored in an orderly manner to a condition capable of beneficial after-use and in the interests of the amenity of local residents.

(39) 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.

(40) 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.

(41) 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

(42) Within 2 months of the date of this certificate an ecological and hydrological monitoring programme shall be submitted to the Mineral Planning Authority for approval in writing to include details for monitoring the features of interest for which the SSSI/SPA/Ramsar has been designed and the attributes required to maintain favourable condition including: over-wintering waterfowl, breeding birds, aquatic plants, terrestrial plants and invertebrates, water depths and factors which may give rise to disturbance.

Reason: To ensure the site is managed in a manner sensitive to nature conservation.

(43) Within 3 months of the date of this certificate a Management Plan which outlines the means for achieving the long-term management of the site for nature conservation, including Ellingham Lake shall be submitted to the Mineral Planning Authority for approval and thereafter managed in accordance with that approval.

Reason: To ensure the site is managed in a manner sensitive to nature conservation.

(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 3 months of the date of this certificate, details for the location and implementation of a north-south footpath across the site between Mockbeggar Lakes and Ibsley Water, shall be submitted to the Mineral Planning Authority for approval in writing and thereafter implemented within 6 months of that approval.

Reason: In the interests of local amenity.

(46) Within 2 months of the date of this permission details of the water supply infrastructure to support the water storage after-use of Ibsley Water (in the form of a below ground level water body) 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.

7785/JD