Archived decisions
Hampshire County Council Regulatory Committee 16 July 2003 Applicant: RMC Aggregates (Southern) Limited Report of the Chief Planning Adviser to the Regulatory Committee |
Item 10 |
Contact: Julia Davey, ext 6732
1. Summary
1.1 The Environment Act 1995 introduced new requirements for the review of all mineral planning permissions. Under the review, the remaining mineral extraction at Bleak Hill Quarry, Harbridge Drove, near Somerley, required the submission of a scheme of new planning conditions by 24 May 2003. A scheme of conditions has been submitted and a revised set of conditions is recommended for approval.
2. Introduction
2.1 The Environment Act 1995 introduced new requirements for the periodic review of all mineral planning permissions. The relevant planning permission for gravel extraction and restoration to agriculture at Bleak Hill Quarry is Application No. 031987, granted on 28 April 1988. In accordance with the review regulations, the applicant submitted the present Active Phase 2 Review application with proposed conditions (see Appendix 1) and an Environmental Statement by 24 May 2003.
2.2 The submission of this application provides an opportunity to secure improved operating and environmental standards and satisfactory restoration of the site. Although it is not open to the County Council to refuse the application, a determination may be made as to whether the conditions set out in the application should apply or whether modified or different conditions should be imposed. Any conditions for working sites, which fundamentally affect the economic structure of the operation, could make the County Council liable to compensation payments.
2.3 The application has been accompanied by an Environmental Impact assessment because the remaining permitted development is considered by the County Council (as Mineral Planning Authority) as likely to have significant environmental effects.
3. Site
3.1 Bleak Hill Quarry Mineral Review site, as shown on the attached plan, extends across approximately 48 hectares of land north of the worked out and restored Hamer Warren Quarry, accessed off Harbridge Drove. It comprises two Preferred Areas from the 1992 Minerals Local Plan for mineral extraction known as Bleak Hill I and Bleak Hill II. Bleak Hill I is currently being worked and restored to agriculture. It has a recycling plant located at its western boundary. The recycling plant has been relocated here from Hamer Warren Quarry to the south. To the east of the site, directly adjacent to it, lie a number of residential properties. A public footpath runs along the southern boundary of the site.
3.2 Bleak Hill II lies adjacent to Bleak Hill I, to the north. It is separated from it by a track/pathway. This site has not yet been worked.
3.3 To the north of Bleak Hill II lies preferred Area No. 5 in the Hampshire Portsmouth and Southampton Minerals and Waste Local Plan, known as Bleak Hill III. This does not form part of the Mineral Review and no planning application has yet been received for working the mineral on this Area.
3.4 Planning permission for the extraction of sand and gravel, infilling with imported materials and restoration to agriculture at Bleak Hill I was granted on 28 April 1988 (031987). The site is scheduled to be restored in accordance with its current permission by 31 December 2011.
3.5 Permission for the extraction of minerals and backfilling with inert waste and restoration back to agriculture at Bleak Hill II was granted on 13 November 1992 (046239). The latter permission includes a Section 106 legal agreement covering hydrological monitoring and mediation as necessary to protect against any adverse impacts to local groundwater regimes. The site is scheduled to be restored in accordance with this permission by 31 December 2011.
3.6 Planning permission for an office/mess room, weighbridge, office, toilet washroom building and a parking shed was granted at Bleak Hill I (75645) in September 2002. These facilities will replace those currently existing at the site entrance at Hamer Warren but have not yet been implemented.
3.7 In excess of 75% of the Bleak Hill I site is currently open and unrestored, which is not in accordance with the approved phasing scheme.
4. Proposal
4.1 The applicant is proposing 45 modernised conditions to replace the existing conditions, attached as Appendix 1. The time limit condition proposes that mineral extraction and tipping shall cease by 31 December 2018; and the site restored in accordance with the proposed provisions of
the permission no later than 31 December 2019. Currently, mineral working under existing permissions, Bleak Hill I and II should be completed by 31 December 2010, and restored by 31 December 2011.
4.2 There is a legal agreement for water monitoring of local streams attached to the Bleak Hill II permission, and a legal agreement is about to be signed under the recycling application (soon to be issued) controlling the routeing of lorries and securing a financial contribution towards annual maintenance of Harbridge Drove.
5. Environmental Statement
5.1 The application is accompanied by an Environmental Statement.
5.2 The Environmental Statement draws separate conclusions for each of the areas it has highlighted, notably: hydrology; ecology; noise and dust; landscape and visual impact; archaeology ;traffic; historic heritage; and alternative uses for the site.
6. Development Plan
6.1 The only policy relevant to the review is Policy 10 of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (see Appendix 2) which states that the County Council will impose conditions on planning permissions for minerals and waste development to minimise any adverse environmental, traffic or other impact and to ensure appropriate restoration and aftercare of the site.
7. Consultations
7.1 Airport Safeguarding and the Highway Adviser raise no objections to the proposal.
7.2 The Department for the Environment, Food and Rural Affairs raises no objection to the proposed conditions as long as general comments it has made on technical issues of soil stripping, the need for under-drainage of restored agricultural land and sustainable use of soil resources are taken into account.
7.3 The Environmental Health Officer raises no objection in principle to the proposal, subject to specific conditions, including:
(i) the provision of a four to five metre high bund to the east of the recycling facility;
(ii) a revised working to the existing noise condition regarding the level of noise created by the recycling, mineral, processing and infilling operations;
(iii) a higher noise limit condition of 70 dB LAeq to cover periods of up to eight weeks in any one year to cover restoration/soil stripping and bund construction and removal operations; and
(iv) the submission of a scheme to control dust on the site.
7.4 The comments of New Forest District Council, the Rights of Way Officer and the Environment Agency are awaited.
7.5 The local Member, Councillor Kathy Heron, raises no objection to the application, subject to the existing water monitoring legal agreement for Bleak Hill II being carried forward through any consent hereby granted.
8. Representations
8.1 Four letters of concern have been received from local residents on the following grounds:
(i) possibility of an increase in noise and dust - current noise is significant and disturbing, there is a need for regular monitoring of noise and dust levels;
(ii) local roads have been damaged by lorries servicing the plant;
(iii) a condition on any consent granted should ensure that any fill imported is inert only, as currently granted;
(iv) since the development of the new lakes at `Bleak Hill I' (it is considered the resident means `Hamer Warren lake') nuisance is being caused by swarms of midges and mosquitoes which were not around beforehand and raise objections to any further plans for small lakes;
(v) rabbits which live in the Buffer Zone vegetation are eating local residents' valuable grazing land;
(vi) workings should be completed by 2010;
(vii) residents of a property called `Braemoor' request that the hedge planted on the boundary of its land be removed when the land is restored as it interrupts their views;
(viii) the main entrance to the workings remains in its current location and is not moved northwards towards Alderholt when Bleak Hill II is opened up; and
(ix) haul road extensions should be constructed as far away as possible from Alderholt Drove to reduce noise and dust pollution.
9. Chief Planning Adviser's Comments
9.1 The main issues raised by the application concern any adverse impacts on the local environment and to the amenity of local residents, particularly by way of noise or dust to those properties that adjoin the site and users of the adjoining public rights of way.
9.2 The applicant has proposed 45 conditions to cover operations on Bleak Hill I and Bleak Hill II. The existing Bleak Hill II consent has 50 conditions although two of these conditions relate to Hamer Warren which is restored, apart from the haul road which will remain until Bleak Hill II is completed.
9.3 The applicant has included most of the Bleak Hill II conditions, although there are some changes, the most significant of which are Proposed Conditions 2, 3, 8, 13 and 36.
9.4 Proposed Condition 2 proposes a change of end date for working of Bleak Hill II, from 2010 to 2018, with an additional year for restoration.
9.5 Proposed Condition 3 states that no extraction of sand and gravel shall take place until hoggin extraction is complete on Bleak Hill I and phases one to four at Bleak Hill have been restored to agriculture, whereas the existing consents state that phases one to six at Bleak Hill should have been restored to agriculture. It is acknowledged that the new recycling facility has been incorporated in the south-west corner of Bleak Hill, and therefore the phasing has changed from the original consent as the final phase to be restored after extraction of Bleak Hill II is complete.
9.6 Proposed Condition 13 states that advance planting shall be implemented prior to extraction in phase 1 of Bleak Hill II, whereas, according to the current Bleak Hill II consent, details of advance planting for Bleak Hill II were to be submitted for approval of the Mineral Planning Authority and implemented within one year of the commencement of works on the Bleak Hill I site. Therefore, it is considered that advance planting should be carried out in the 2003/04 planting season.
9.7 Proposed Condition 36 states that no tipping shall take place to levels higher than the approved final levels indicated on the revised restoration plan No. P4/206/8 dated August 1991. However, the existing condition actually states "Plan No. P1/206/16/5 August 1991." It is considered that the applicants need to alter the date on the proposed condition to read June 2002.
9.8 There are also some minor omissions, such as the lack of reference to aftercare, dust suppression, and no dewatering measures for Bleak Hill I.
9.9 Proposed Condition 8 states that no more than 10 hectares is taken from agricultural use and left open at any one time, whereas the existing permission for Bleak Hill II states that no more than 7 hectares will be taken from agricultural use and left open at any one time, and for Bleak Hill I no more than 6 hectares. This issue was discussed at the recent meeting of the Liaison Panel where the applicant claimed it could not work the site efficiently under the current restriction.
9.10 A recent meeting of the Bleak Hill Liaison Panel raised local concern about end dates but it was considered that the current date of 2010 was not achievable for Bleak Hill II. It is also considered, despite some minor variations from the original consents, that the remaining conditions proposed are acceptable, subject to minor changes to proposed Condition 13 in timing of implementation of advance planting for Bleak Hill II and a correction to the plan number referred to in proposed Condition 36.
9.11 Comments of the Environmental Health Officer and of local residents are noted. It is also noted that the Environmental Health Officer requires additional noise conditions, which are supported here in view of the additional noise sources created by the recycling operations. The issues raised by the need for protection from noise and dust and the need for monitoring of these levels is noted, and can be covered by the condition proposed by the Environmental Health Officer. Similarly, a condition can be added addressing the concern that only inert non-contaminated materials are to be imported to the site.
9.12 The concern raised by local residents regarding rabbits and mosquitoes are pest control issues that could be covered by the imposition of a condition requiring the submission of an environmental management scheme, but this could only relate to land in the applicant's control.
9.13 The issue of the hedgerow in front of Braemoor being removed when the land is restored is noted, and flexibility can be built in to proposed Condition 35, although the County Council's Landscape Adviser considers there is already a high, privately-owned hedge bordering the property.
9.14 The local Member, Councillor Kathy Heron, has requested that the existing legal agreement relating to water monitoring continues to apply through and beyond the implementation of Bleak Hill I and 2. An advice note can be added to any permission granted highlighting that this legal agreement remains in force. This matter is being discussed with the applicant.
9.15 The County Council's Ecological Adviser states that the heath and scrub area to the west of the active quarry on Bleak Hill I should be formally managed for nature conservation. The area is owned by the Somerley Estate, which was represented at the Panel, and stated that the Somerley Estate would look into the matter independent of this application.
9.16 However, it is considered appropriate to recommend that additional conditions be attached, regarding the submission of a nature conservation management scheme for the proposed wetland areas of nature conservation value on the restored site. Similarly, it is considered appropriate to attach additional conditions addressing the protection of sandmartins and little ringed plovers that are using the site for breeding.
9.17 In summary, therefore, it is recommended that, subject to no significant objection from New Forest District Council, the applicant's attached Schedule of Conditions be approved, subject to amendments and additional conditions.
Recommendation
That the planning application for the Review of Mineral Planning Permissions at Bleak Hill Quarry, Harbridge Drove, near Somerley (Application No.78402) be approved, subject to the applicant's proposed conditions (attached as Appendix 1) and the following additional conditions:
(1) The total noise attributable to all mineral workings (including the operation of the recycling facility and filling operations) at Bleak Hill I and 2 shall not exceed 50 dB LAeq (one hour)(free field) between the hours of 0700 and 1800 on Monday to Friday and 0700 and 1300 on Saturday at any noise-sensitive premises, and the individual noise contribution from the operation of mineral extraction and processing, recycling and refilling and the combined operation of mineral extraction (including processing) and recycling shall not exceed 45 dB LAeq (one hour)(free field).
Reason: In the interests of nearby noise-sensitive premises and the amenities of the area.
(2) Temporary operations of soil stripping/bund construction/bund removal and restoration shall not take place beyond the time period of eight weeks in any one year and shall not exceed 70 dB LAeq (one hour)(free field) at the nearest noise sensitive premises.
Reason: In the interests of nearby noise-sensitive premises and the amenities of the area.
(3) Within three months of the issue of this certificate a site environmental management scheme shall be submitted to the Mineral Planning Authority for approval in writing. The scheme shall incorporate detailed procedures, including provisions for review, for controlling noise, dust, vibrations, on-site vehicular movement, vehicle reversing alarms, and other amenity issues
arising from operations on the site. Operations shall not proceed except in compliance with this scheme unless, and only insofar as, the local planning authority shall have given written approval to a departure from it.
Reason: In the interests of local amenities.
(4) Only clean, uncontaminated inert material shall be imported to the site.
Reason: In the interests of local amenities and to ensure the protection of the water environment.
(5) Within six months of the issue of this certificate, an aftercare scheme and programme of monitoring aftercare for the site (Bleak Hill I and II) shall be submitted to the satisfaction of the Mineral Planning Authority.
Reason: To ensure the land is satisfactorily managed for agricultural use.
(6) The advance bunding and planting detail shown on Plan P4/206/4 shall be implemented within this coming 2003/04 planting season (substitute for applicant's proposed Condition 13), unless otherwise agreed in writing by the Mineral Planning Authority.
Reason: In the interests of visual amenity.
(7) Within six months of the date of this certificate, details of the restoration for those areas proposed to be restored to nature conservation, and a related management and aftercare scheme and timetable for implementation for those areas, shall be submitted to the Mineral Planning Authority for approval, and thereafter implemented in accordance with that approval.
Reason: In the interests of maximising the potential of the site for nature conservation.
(8) Within one month of the date of this permission, details ensuring the protection of sandmartins and little ringed plovers nesting at the site shall be submitted to the Mineral Planning Authority for approval, and thereafter implemented in accordance with that approval.
Reason: To ensure the protection of specified site breeding birds.
Advice Note
There is a Section 106 legal agreement relating to land known as Bleak Hill II, dated 30 October 1992, for monitoring of groundwater and remediation of adverse effects in the locality which is to be carried forward and to continue in conjunction with this ROMP permission.
Section 100 D - Local Government Act 1972 - background papers | |
The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report. | |
NB the list excludes: | |
1. |
Published works. |
2. |
Documents which disclose exempt or confidential information as defined in the Act. |
TITLE |
LOCATION |
Application: The Environment Act 1995: Review of Mineral Planning Permissions - Application for Determination of Conditions on land at Bleak Hill Quarry, Harbridge Drove, Near Somerley (Application No. 78402) (County Council Ref. NF091) |
Environment Department |
8063/JD
APPENDIX 1
SCHEDULE OF PROPOSED CONDITIONS ACCOMPANYING THE APPLICATION FOR THE DETERMINATION OF NEW PLANNING CONDITIONS AT BLEAK HILL I AND II
(1) The development hereby permitted shall not be carried out otherwise than in complete accordance with the details submitted with the application (as amended and modified by the following conditions).
Reason: For the avoidance of doubt and to ensure that the development is carried out in accordance with the approved plans and details.
(2) The winning and working of minerals and tipping operations at Bleak Hill I and II shall cease on or before 31 December 2018. The site shall be restored to a state suitable for agriculture in accordance with the approved details shown on Plan P4/206/8 within a further period of 12 months or such longer period as the Mineral Planning Authority may approve in writing.
Reason: To minimise the duration of disturbance from the operations hereby approved.
(3) The extraction of mineral from Bleak Hill II shall be begun before the expiration of five years from the date of completion of hoggin extraction at Bleak Hill I. No extraction of sand and gravel shall take place until hoggin extraction is complete on Bleak Hill I and phases 1-4 at Bleak Hill I have been restored to agriculture, and the extraction of minerals and restoration is complete at Hamer Warren.
Reason: To comply with Section 92 of the Town and Country Planning Act 1991 and to ensure the cumulative impact of mineral working in the area is minimised.
(4) No mineral extraction shall take place from the area marked as `Area Protected for Nature Conservation' on Plan P4/206/5.
Reason: In the interests of the nature conservation value of the area.
(5) The sterilised margins around Bleak Hill I shown on Plan no. P4/206/5 shall be maintained throughout the life of the development. There shall be no encroachment of extraction into these areas.
Reason: In the interests of amenities of local residents.
(6) No extraction of sand and gravel shall take place within 20 metres of the highway and no disposal of waste materials shall take place within 10 metres of the boundary of any public highway or watercourse.
Reason: In the interests of local amenities.
(7) No excavations at Bleak Hill II shall take place below 30 metres AOD.
Reason: In the interests of local amenities.
(8) Sand and gravel extraction, backfilling with imported waste, and restoration shall take place progressively in accordance with the submitted Method of Working scheme (P4/206/5). Soil stripping, excavation of minerals, tipping and restoration shall take place progressively such that no more than ten hectares is taken from agricultural use and left open at any one time.
Reason: In the interests of local amenities.
(9) No excavation or storage of soils shall take place within two metres of those hedgerows, or under the canopies of those trees, which bound the site. Any trees or sections of hedges which die during the period of working shall be replaced by new plants planted in accordance with the scheme specifying species, density of planting, size of plants and provisions for the maintenance to be agreed by the Mineral Planning Authority.
Reason: In the interests of local amenities and to protect the landscape character of the area.
(10) No work shall commence on the Bleak Hill II site until timber marker posts of a height not less than 0.5 metres above ground level have been erected in a line parallel with the eastern and southern advanced hedgerow planting. The location and details of the posts shall be submitted to and agreed in writing by the Mineral Planning Authority.
Reason: To ensure the protection of existing trees and other planting to remain on the site.
(11) Details of advance planting for Bleak Hill II shall be submitted for the approval of the Mineral Planning Authority in writing within three months of the date of this determination, and all approved planting details shall be implemented during the next planting season.
Reason: In the interests of local amenities and the landscape character of the area.
(12) All screen bunding for Bleak Hill II shown on Plan P4/206/4 shall be constructed to a maximum height of two metres.
Reason: In the interests of local amenities.
(13) The advance bunding and planting detail shown on Plan P4/206/4 shall be implemented prior to extraction in phase I of Bleak Hill II.
Reason: In the interests of local amenities.
(14) The Mineral Planning Authority shall be given 14 days prior written notification of the date of the commencement of the construction of the screening bunds on the eastern, southern and northern boundaries of the Bleak Hill II site.
Reason: To allow the Mineral Planning Authority to monitor the earthworks to ensure compliance with approved plan.
(15) 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 the live specimens of such species.
Reason: In the interests of the amenities of the area.
(16) All topsoil and overburden stripped from the areas to be excavated shall be removed and stored separately before operations commence for use in site restoration. Topsoil shall only be handled when dry and friable. Following tipping and during restoration, overburden shall be replaced and graded in accordance with the final levels hereby approved, and ripped using a winged tine subsoiler. The overburden shall in turn be covered with the topsoil in original sequence and to even depths.
Reason: To ensure the satisfactory restoration of the land to agriculture.
(17) All haul roads shall be maintained in a condition free from pot holes whilst in use and shall be removed when no longer required or during the course of site restoration, whichever is the sooner. Sections of the haul road formed to a higher level than one metre below the final restoration level shall be removed before overburden and soils are respread. All sections of haul road shall be ripped before covering with overburden or soils during restoration.
Reason: To ensure the land is satisfactorily restored.
(18) The first 20 metres north of the concrete crossover point onto Bleak Hill II shall be surfaced with tarmac to the satisfaction of the Mineral Planning Authority, together with the first 20 metres of haul road south of Footpath No.23. The concrete haul road crossover point shall be constructed to a width of six metres. No excavation of minerals shall take place until such time as the haul road footpath crossings across Footpath No.23 has been surfaced with concrete.
Reason: In the interests of highway safety and the local amenities.
(19) Before mineral extraction commences at Bleak Hill II, wherever public rights of way cross proposed haul roads, signs shall be erected to warn drivers and users of the public rights of way, the design of which shall be approved by the Mineral Planning Authority before they are installed. The signs shall be maintained for the duration of the development.
Reason: In the interests of the access of the public rights of way.
(20) The placed notices at Footpath No.25 crossing point shall be maintained throughout the life of this development and shall be removed in conjunction with the final restoration. The haul road shall be maintained in a condition free of deep ruts or mud where it crosses Harbridge public Footpath No.25.
Reason: In the interests of the access of the public rights of way.
(21) The design of the site access gates and signs at Bleak Hill II shall be approved in writing by the Mineral Planning Authority before they are erected.
Reason: In the interests of the access of the public rights of way.
(22) All vehicles on site at Bleak Hill II shall be limited to a maximum speed of 15 miles per hour.
Reason: In the interests of local amenities.
(23) 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: between 0700 and 1800 Monday to Friday; 0700 to 1300 hours on Saturday. No such operations shall take place on Sunday or recognised public holidays.
Reason: In the interests of local amenities.
(24) Noise from operations on the Bleak Hill II site, including both fixed plant and mobile machinery, shall not exceed a standard, to be agreed with the Mineral Planning Authority before any development takes place, as measured on the eastern and southern boundaries. The
operators shall take such measures, including the insulation of fixed plant, the silencing of vehicles and the provision of acoustic screening, as may be necessary to ensure that these noise levels are not exceeded.
Reason: In the interests of local amenities.
(25) Mobile screens shall not be operated within 100 metres of any dwelling.
Reason: In the interests of local amenities.
(26) Prior to commencing operations at Bleak Hill II, details of dust suppression measures shall be submitted to and approved by the Mineral Planning Authority in writing. The approved measures shall be implemented for the duration of the development.
Reason: In the interests of local amenities.
(27) Mobile water spray equipment shall be provided on site at all times for the damping down of the haul road on site, and between the site and the Hamer Water quarry entrance.
Reason: In the interests of local amenities.
(28) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no plant buildings or structures not included on the approved plans shall be erected on site without the prior written consent of the Mineral Planning Authority.
Reason: In the interests of local amenities.
(29) In respect of Planning Permission 046239 relating to the Bleak Hill II no work shall commence on site until an Archaeological Watching Brief has been submitted to and agreed in writing by the Mineral Planning Authority.
Reason: To protect archaeological heritage.
(30) Prior to the commencement of the development, survey points shall be established to the satisfaction of the Mineral Planning Authority and retained during the life of the permission.
Reason: To facilitate the monitoring of the development and ensure the land is capable of restriction in accordance with the approved details.
(31) In respect of Planning Permission 046239 relating to the Bleak Hill II no dewatering shall take place on the site without the prior written approval of the Mineral Planning Authority.
Reason: To safeguard against water pollution and to ensure that the site is capable of satisfactory restoration.
(32) No refuse shall be burnt on the site or be deposited in any watercourse.
Reason: To avoid environmental pollution and in the interests of local amenities.
(33) No disposal of waste materials shall take place within ten metres of the boundary of any public highway or watercourse unless otherwise approved in writing by the Mineral Planning Authority.
Reason: In the interests of local amenities and protection of the environment.
(34) No skips or containers shall be stored on site without prior approval of the Mineral Planning Authority in writing.
Reason: In the interests of local amenities and protection of the environment.
(35) The first and second worked phases of Bleak Hill II, immediately west of Braemoor and shown on Plan No. P1/206/15/2, shall both be fully restored within four years of the commencement of works.
Reason: In the interests of the amenities of neighbouring residents.
(36) No tipping shall take place to levels higher than the approved final levels indicated on the revised restoration Plan No. P4/206/16/5 dated August 1991.
Reason: To ensure that the final landform is in keeping with the locality and capable of beneficial afteruse and to ensure the site is not surcharged with waste materials.
(37) The final levels of the restored land including areas underneath the overhead power lines and supporting poles shall be in accordance with drawing no. P4/206/3.
Reason: In the interests of health and safety.
(38) Each phase of Bleak Hill I shall be drained within two years of restoration in accordance with a scheme to be agreed by the Mineral Planning Authority, unless it can be demonstrated that a drainage scheme is not necessary.
Reason: To ensure that the land is satisfactorily restored.
(39) As part of the restoration programme for Bleak Hill II a system of open drainage ditches shall be constructed. Three years following the completion of restoration a permanent system of pipe under-drainage shall be installed, if the Mineral Planning Authority considers such works are required. Both the ditch and pipe drainage systems shall be implemented in accordance with details to be submitted for the approval of the Mineral Planning Authority in writing.
Reason: To ensure that the land is satisfactorily restored.
(40) An aftercare scheme for Bleak Hill II requiring that such steps as may be necessary to bring each phase of the land restored to the required standard for use for agriculture shall be submitted for the approval of the Mineral Planning Authority not later than two years from the date of this permission.
Reason: To ensure that the land is satisfactorily restored.
(41) The submitted aftercare scheme shall specify in outline the programme of aftercare. The programme shall include provision for an annual site meeting to discuss the detailed steps necessary on the restored land.
Reason: To ensure the restored land is correctly husbanded.
(42) No later than four weeks for each annual meeting referred to in Condition (41) above a detailed scheme for the aftercare 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 the land to the required standard for agricultural use.
(43) Not later than six months from the cessation of all extraction/tipping or by such other date as may be agreed in writing by the Mineral Planning Authority, may state in writing that they are no longer required, whichever is 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.
Reason: In the interests of the amenities of the area.
(44) In the event that drainage problems are encountered in the vicinity of the overlap bund and haul road crossing of Green Lane (between Bleak Hill I and Bleak Hill II), details of measures to be taken to drain that part of the site shall be implemented in accordance with a scheme to be submitted to and approved by the Mineral Planning Authority in writing.
Reason: In the interests of the access of the public footpath.
(45) Aftercare of each restored area of land shall take place for a period of five years and shall be in accordance with he approved outline and detailed schemes. Aftercare shall commence when restoration is complete in each phase.
Reason: To ensure the restored land is correctly husbanded.
APPENDIX 2
HAMPSHIRE, PORTSMOUTH AND SOUTHAMPTON MINERALS AND WASTE LOCAL PLAN (ADOPTED 17 DECEMBER 1998)
Policy 10
The Mineral and Waste Planning Authorities will impose conditions on planning permissions for minerals and waste development to minimise any adverse environmental, traffic or other impact resulting from the development and to ensure appropriate restoration and after-care of the site. Where such impacts cannot adequately be controlled by conditions, the Mineral and Waste Planning Authorities will seek appropriate planning obligations and/or legal agreements in order to control operations and/or to secure the enhancement of the environment or benefit to the local community.