Archived decisions

Contact: Peter Chadwick, ext 6728

1. Summary

1.1 Kingsley Sand Quarry is subject to Review under the Environment Act 1995, and a scheme of conditions has been submitted for the future working and restoration of the quarry. The recommendation is to approve these submitted conditions.

2. Background

2.1 Tarmac acquired the majority of Kingsley Quarry last year from SITA and have submitted a scheme of conditions for the land they control, which is dealt with elsewhere on today's agenda. However, part of the site, Bridges Land, was not included in that acquisition, and is excluded from Tarmac's submission SITA, the former operators of the sand quarry have submitted a separate scheme of conditions for this site. The sand extraction is complete, and the site remains to be restored.

3. Site

3.1 The site is shown on the attached plan and totals an area of about 3 hectares, located to the west of Kingsley Village. Access is via the adjacent Kingsley Sand Quarry, which has access onto the B3004. Planning permission was originally granted in 1993 as a small extension to the main Lode Farm Quarry. The restoration was to agriculture following infilling. The sand extraction has been completed but the site has not yet been restored due to difficulties in securing suitable fill material.

3.2 A revised restoration scheme has been submitted which provides for infilling the current working to above water table with stockpiled soils, with further soils to be imported to complete restoration. The restoration would be to agriculture, although at a lower level than original.

4. Development Plan

4.1 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted December 1998) Policy 10 concerns conditions, Policy 14 concerns Restoration and Aftercare.

5. Consultations

5.1 East Hampshire District Council - comments awaited.

5.2 Kingsley Parish Council - comments awaited.

5.3 The Environment Agency raise no objection on the basis that on site soils are being used to infill the water body.

5.4 The Environmental Health Officer (EHDC) comments on the need for noise condition, restrictions on working hours, dust control, and lighting if it is proposed to install external lighting.

5.5 English Nature comments that the proposed restoration is unlikely to have a significant effect on the Wealdon Heaths Phase II Special Protection Area (SPA), nor cause significant harm to the SSSI. However it wishes to object to the proposed restoration as there should be a presumption in favour of heathland restoration for this mineral extraction site.

5.6 The Rights of Way Manager advises no objection.

6. Representations

6.1 The local Member, Councillor Filer, has been informed.

6.2 The landowners objected to the retention of a lake at the site and support restoration to grassland. Detailed comments on restoration are awaited.

7. Chief Planning Adviser's comments

7.1 This is a Review of the current planning permission and conditions for working the quarry, and does not include any extension beyond current permissions. Sand extraction has been completed, and therefore the conditions are related to restoration only. The issues are the suitability of the proposed restoration, and whether the proposed conditions are suitable for completing the restoration.

7.2 English Nature's view that the site should be restored to heathland has been noted. However, the original restoration envisaged returning the land to its former agricultural use and it is the landowner's wish to return the site to agricultural use. The site is small and not close to any existing or proposed heathland. In these circumstances it is considered that it would be unreasonable to require a change to the proposed restoration.

7.3 It is regretted that proposals involve the deposit of stockpiled soils to infill the lake, rather than be retained for restoration of final levels. However, in view of the need for restoration, and restrictions from the Environment Agency that only on site soils can be tipped into the water, this has to be accepted.

7.4 The proposals would enable the restoration of the site to an acceptable standard, albeit at a lower level than originally permitted. The conditions would provide controls to ensure that restoration would be completed satisfactorily.

Recommendation

That the County Council determines that the following conditions shall apply to Kingsley Sand Quarry (Bridges Land), Kingsley (Application No: F24847/014/CMA):

Duration and Working Hours

(1) The winning and working of sand and tipping operations shall cease on or before 31 December 2005 and the site shall be restored in accordance with the approved restoration scheme within a further period of six months or such longer period as shall be agreed by the Mineral Planning Authority.

(2) Prior to the commencement of restoration infilling, a scheme of phased infilling shall be submitted to the Mineral Planning Authority and shall include details of (a) the date by which each phase of restoration shall be completed, and (b) the method of the restoration infilling operations.

(3) Within six months of the dates of these permissions, details of dust suppression measures shall be submitted to the Mineral Planning Authority for approval in writing.

(4) Except with the prior agreement in writing of the Mineral Planning Authority, no operations, authorised or required by this permission shall be carried out and plant shall not be operated other than during the following hours: 0700-1800 hours Mondays to Fridays, and 0700-1200 hours on Saturdays.

(5) No such operations shall take place on Sundays or recognised Bank Holidays without the approval in writing of the Mineral Planning Authority.

Margins

(6) There shall be a ten metre undisturbed margin along the northern boundary of the site adjacent to the Kingsley Ditches.

Noise

(7) Noise levels shall not exceed the background levels by more than 10dB(A)L90 as measured at the site boundary, and the operator shall take such measures including the silencing of vehicles and mobile machinery and the provision of acoustic screening as may be necessary to ensure that these levels are not exceeded.

Site Roads

(8) All internal roads will be maintained in a condition free from potholes while in use and shall be removed when no longer required. Sections of the haul road formed to a higher level than one metre below the final restoration level shall be removed prior to the spreading of restoration soils. All sections of haul road shall be ripped before being covered with overburden or soils during restoration.

Restoration

(9) The site shall be restored to agriculture in accordance with a scheme to be agreed by the Mineral Planning Authority in writing. The scheme shall be submitted within six months of the date of this permission and shall include details of:

(i) the thickness and quality of subsoil and topsoil to be used and the method of soil handling and spreading, including the machinery to be used;

(ii) the ripping of any compacted layers of final cover to ensure adequate drainage and aeration, such ripping to take place before placing of topsoil;

(iii) measures to be taken to drain the restored land; and

(iv) details of proposed seeding.

Aftercare

(10) An aftercare scheme, requiring that such steps as may be necessary to bring each phase of the land restored under restoration above to the required standard for use for agriculture, shall be submitted for the approval of the Mineral Planning Authority in writing not later than one year from the date of this permission. The scheme shall specify the programme of aftercare for a maximum of five years post completion of restoration.

8009/PDC

APPENDIX

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.

Policy 14

The Mineral and Waste Planning Authorities will grant planning permission for minerals or waste development provided they are satisfied that:

(i) adequate provision has been made for the satisfactory restoration and after-care of the site to the highest practicable standard so as to be suitable for the agreed beneficial after-use when the operation or use of the site has ceased or the facility has reached the end of its life, which after-use should normally be agriculture, woodland, heathland or other nature conservation or amenity use; and

(ii) in the case of mineral working and waste disposal by landfilling or landraising, the land will be progressively restored within the shortest practicable timescale such that the rate of restoration is as far as practicable commensurate with the rate of extraction and/or disposal and the land will be subject to appropriate after-care to ensure that it is restored to a condition satisfactory for the agreed after-use of the site; and

(iii) the restoration and after-care provisions can be ensured by means of conditions attached to the planning permission or through a planning obligation or other appropriate legal agreement.