Contact: Judith Smallman, ext 5461

1. Summary

1.1 This report considers an application for the extraction of sand and gravel with restoration to lower landform for plantation at land above Welsh Drive, Bramshill. The recommendation is to grant permission, subject to conditions.

2. Site and Proposal

2.1 The site, illustrated on the attached plan is approximately 4 hectares lies immediately north of a recently permitted sand and gravel extraction area, north of Welsh Drive, a bridle way. The Bramshill sand and gravel quarry is a long established supplier of aggregates to the county. Geological search has identified this minor but commercially viable deposit. Currently there is very little remaining reserve in the previously permitted parts of Bramshill and implementation of the new extraction under permission 00/00679/CMA requires significant engineering for a tunnel, prior to extraction commencing. To avoid any loss of supply, the extension is required as a useful back up for the region's supply needs. The site is characterised by a sloping aspect falling to the west from a ridge which runs north/south on which the bridle way is located and is currently a pine plantation. The trees are due to be felled by Forest Enterprise on behalf of the landowner because of their maturity. Extraction operations would dovetail with the programmed felling when all the trees will be removed from the site creating open space prior to replanting. This additional site would realise approximately 50,000 tonnes and would be worked in a single phase over a maximum period of six months, with restoration to forestry.

2.2 In addition to Welsh Drive, there is a bridleway approximately 10 metres away, Footpath 10, adjoining the site, which is also used as a permissive bridleway by riders. The site lies adjacent to the Thames Basin Heaths SPA. The extraction site supports former forestry on former heathland with an adjoining relic valley mire. Adjacent to the site on the other side of the bridleway, the land is designated as a Site of Special Scientific Interest (SSSI), mainly as it supports a transitory bird species, as does most of the Bramshill site. The nearest property, Arletts Bungalow, lies approximately 40 metres directly north of the boundary of the application site, and Arletts Cottage 140 metres in the same direction. The proposed access to the site is south westwards onto Welsh Drive. The excavated material will be removed from the southern point of the site and transported along Welsh Drive to the existing plant site and weigh bridge areas. Overall vehicle movements onto the local road network generated by quarrying activities will remain unchanged.

2.3 Screening bunds are proposed and submitted noise levels indicate that they will be well within the day-time criteria established in Policy Planning Guidance 11: The Control of Noise at Surface Mineral Workings. It is proposed that visual observation of the moisture levels on the site and prevailing meteorological conditions are carried out on a daily basis and soil stripping operations will only occur when the soil is in a suitable friable state. A water bowser is proposed to be retained on site and used where necessary.

3. Development Plan

3.1 Hampshire County Structure Plan 1996-2011 (Review) (Adopted March 2000). Relevant policies are MWP1, MWP2 and MWP3.

3.2 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (Adopted December 1998). Relevant policies are 7, 9, 19 and 20.

4. Consultations

4.1 Hartley Wintney Parish Council raises no objection to the proposal.

4.2 Yateley Town Council raises no objection in principle, although would prefer to see an element of heathland restoration and sympathetic environmental improvement as well as forestry.

4.3 Eversley Parish Council raises no objection in principle. Extraction is possible subject to proper consultation with immediate neighbours and the provision of a detailed and acceptable restoration plan which is strictly controlled. A larger buffer zone may be required to protect neighbours, the timing of operations restricted and an alternative warning system to reversing bleepers agreed for all operational machinery on site. The adjoining SSSI should be safeguarded by time constraints and consideration given to the dedication of a new bridleway to link Church Lane and Welsh Drive to provide a link in the Rights of Way network within the Forest of Eversley. No vehicular access should be allowed from Church Lane.

4.4 English Nature raises a holding objection and requests that the applicant widens the scope of the hydrological study to specifically assess the likely impact on the relevant wetland habitats within the SSSI to the south-west of the application site. The applicant is currently carrying out this study. Concerns have also been raised about the effect that the extraction will have on the nature conservation interests of the valley mire in the vicinity of the site. Restoration to a lower level is welcomed although concern is expressed about the proposal to plant trees upon completion of the extraction and recommends restoration to lowland heathland.

4.5 The Ramblers Association requires assurance that:

(i) Footpath 10, part of the Three Castles long distance path, is protected during the extraction process and that walkers and horse traffic will be properly protected on Welsh Drive;

(ii) post-extraction any waymarking, and the bridleway itself, is to be reinstated; and

(iii) the reinstatement will be contoured to respect existing conditions and that a flat plateau of densely planted conifers will be avoided.

4.6 The Hampshire and Isle of Wight Wildlife Trust considers that restoration to heathland should be considered. The submitted ecological report does not provide adequate information relating to the potential impact of the development particularly the impact on reptiles and heathland birds. In addition the hydrological interest of the site has not been adequately considered.

4.7 The Local Member, Councillor Glen, is very concerned about the proposals, in particular the impact of the development on adjoining properties.

4.8 The Hartley Wintney Action Group is satisfied, provided there is no increase in overall vehicle movements onto the local road network.

4.9 The Forest of Eversley Trust suggests measures to protect users of the Rights of Way and that a safe crossing point at the junction of the footpath and the bridleway is constructed to minimise conflict between legitimate users and heavy lorries. The opportunity should be taken to ensure that the Rights of Way network is significantly improved by the designation of a new bridleway connecting Church Lane, Eversley to Bridleway 11, Welsh Drive. The Trust also suggests that the area is restored to open heathland.

4.10 The Royal Society for the Protection of Birds considers the land should be restored to heathland, a priority habitat under both the UK Biodiversity Action Plan (BAP) and the Hampshire BAP.

4.11 Hart District Council raises objection to the proposal for the following reasons:

(i) it is outside the preferred area identified in the Minerals and Waste Local Plan and is inappropriate and contrary to the provisions of Policy 19 of that Plan;

(ii) there will be an adverse impact on the amenities of neighbouring residents;

(iii) appropriate mitigating measures have not been secured to ensure that an effective screen buffer for dust and visual amenity are provided; and

(iv) in the absence of sufficient information with regard to predicted noise levels, the development is likely to result in a significant harmful impact on the amenities of the area by virtue of the excavation workings, and in particular, noise from reversing warning vehicles.

4.12 The Environmental Health Officer raises no objection, subject to the noise levels not exceeding 45 LAeq.

4.13 The Highways Adviser raises no objection.

4.14 The Ecological Adviser considers that the site meets the requirements to become a Site of Importance to Nature Conservation (SINC) that, if permitted, should be restored to heathland.

5. Representations

5.1 Fifteen letters of objection have been received from local residents. The main issues raised are as follows:

(i) the close proximity of Arletts Bungalow to the extraction area is unacceptable - loss of privacy, noise, increased traffic;

(ii) the site is outside the preferred area which was determined by an extensive public enquiry;

(iii) should sufficient distance to achieve safety and lack of intrusion be secured, the area for gravel extraction will be reduced; therefore it is questioned whether the small amount of gravel to be extracted is worth all the aggravation that will be imposed on the local community;

(iv) dismay at the destruction of an attractive woodland area used by many and the effect on wildlife for gravel extraction;

(v) increased risk of flooding to adjoining property;

(vi) increase in lorry movements in surrounding roads;

(vii) increase in dust and concern that the area will be restored either as a lake or there will be permitted infill;

(viii) concern that other sites will also be extracted in the area; and

(ix) adverse effect on riders use of the bridleway and access to the forest.

6. Chief Planning Adviser's Comments

6.1 In principle, whilst the site is outside the Bramshill Preferred Area for mineral extraction, it does fall within Policy 20 of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan which permits the development of small sites. With a recent dismissal at appeal of a Preferred Area at The Triangle, Romsey, the County Council's land bank for mineral extraction sites has been diminished and therefore the opportunity of additional sites emerging can not be easily discounted.

6.2 This site has the benefit of being close to an existing processing plant and access road in use by the same company. The period of extraction is of short duration. Whilst many of the representatives are upset by the loss of woodland, this would have occurred in any event by the normal programme of felling operations by Forest Enterprise on behalf of the landowner. By not permitting the development, the land will become sterilised, as once other permissions in the area have expired, the opportunity to extract from this area will be lost. It is unfortunate that the site was not considered at the time of the Public Inquiry for the Mineral and Waste Local Plan. However, geological records are not totally accurate and until boreholes were carried out it was unknown that mineral existed in this area.

6.3 The concern of the close proximity to Arletts Bungalow is acknowledged and greater attention should be given by the applicant to increase the protection given to the residents with a greater stand off from the boundary. The concern over the noise of reversing bleepers can be controlled by condition and appropriate conditions imposed relating to dust, safety of riders and walkers with traffic movements. The problem of flooding can be addressed. The proposed extraction can improve the drainage in the area and conditions requiring drains to be constructed at the outset of the operations imposed on any consent. Results of an ecological survey of the valley mire being completed are expected shortly and will be available for consideration by the Regulatory Committee at the time of its meeting. Further information has been requested from the applicant on hydrology as raised by English Nature and any consent should be subject to this being acceptable. No objection has been raised by the Highways Adviser as there will be no increase in traffic movements to and from the site.

6.4 The importance of the area for nature conservation is recognised. However, although the site exhibits all the features for inclusion as a SINC, it does not currently have this status. Whilst it is acknowledged that environmental interests require the site to be restored to heathland, a recent planning permission for gravel extraction in this area required an area of heathland and it is considered that an additional area cannot be justified, particularly when the site concerned is small scale.

6.5 The determination of this application requires balancing the need for sand and gravel with the protection of the amenity of local residents. It is concluded that, subject to the concerns of English Nature being addressed, no objection being raised by the Environmental Health Officer and an increased stand off from Arletts Bungalow, it is recommended that permission is granted.

Recommendation

That, subject to the outstanding concerns of English Nature being resolved, planning permission for the extraction of sand and gravel with restoration to lower landform for plantation at land above Welsh Drive, Bramshill (Application No. M03/00503/CMA) be granted, subject to the following conditions:

Time Limit

(1) The extraction of sand and gravel at the site shall cease and all plant, machinery and buildings shall be removed within six months of the completion of extraction or by 31 December 2010, whichever is the sooner, unless otherwise agreed in writing by the Mineral Planning Authority.

Reason: To ensure the satisfactory restoration of the site.

General Development Order Rights

(2) Notwithstanding the provisions of Class A and B of Part 19 of the Town and Country Planning (General Permitted Development Order) 1995 (as amended), no buildings, plant or machinery nor structures in the nature of plant or machinery shall be erected on the site, except with permission granted on an application under Part 3 of the Town and Country Planning Act 1990.

Reason: In order to secure orderly development.

(3) All bunds around the extraction site shall be four metres in height from the level of Footpath 10 at its southern end, planted to a specification agreed in writing with the Mineral Planning Authority and constructed in its entirety before mineral extraction commences at the extraction site.

Reason: In the interests of the local amenity.

(4) No working of minerals shall take place within 40 metres of Arletts Bungalow and within 10 metres of Footpath 10.

Reason: In the interests of the local amenity.

Hours of Working

(5) No operation shall take place on the site except between the hours of 0800 and 1800 from Monday to Friday and between 0800 and 1300 hours on Saturday. There shall be no site preparation works, including soil stripping, before 0800 hours on Saturday. No operation shall take place on Sunday or public holidays unless otherwise approved by the Mineral Planning Authority.

Reason: In the interests of the local amenity.

Importation of Waste

(6) No imported waste shall be deposited in the excavation or elsewhere on the site.

Reason: In the interests of the local amenity.

Lorry Routeing

(7) Access to the quarry shall be via the existing access point from the A327. The first 30 metres of the Welsh Drive access road from the A327 shall be metalled and maintained to the satisfaction of the Mineral Planning Authority.

Reason: In the interests of road safety.

(8) The surfacing of the existing site access road shall be maintained in a good state of repair and kept clean and free of mud and other dirt and debris at all times to the satisfaction of the Mineral Planning Authority.

Reason: In the interests of highway safety.

(9) Adequate measures shall be taken to the satisfaction of the Mineral Planning Authority to ensure that vehicles leaving the site shall not deposit mud or other materials on the public highway.

Reason: In the interests of highway safety.

Dust

(10) Dust from the site shall be minimised. Regular sweeping shall take place of the metalled length of the access road into the site from the A327 and the use of a water bowser, sprayer or hose or other similar equipment, as appropriate elsewhere to reduce dust.

Reason: In the interests of highway safety.

(11) No loaded open-backed lorries shall leave the site unless they are securely sheeted or otherwise covered.

Reason: In the interests of highway safety.

Noise

(12) Noise from the mineral extraction shall not exceed the maximum noise levels of 45 LAeq at the boundary of Arletts Bungalow.

Reason: In the interests of the local amenity.

Footpath and Bridleway Protection

(13) Details for the protection of Footpath 10 during the extraction process shall be submitted within two months. On completion of the extraction any waymarking and the boundary itself shall be reinstated.

Reason: In the interests of the local amenity.

(14) Within three months of the date of this permission a detailed scheme for noise monitoring and mitigation shall be submitted to the Mineral Planning Authority for approval in writing, which specifies:

(i) noise monitoring and recording procedures;

(ii) noise suppression measures, in particular vehicle reversing bleepers; and

(iii) procedures to be adopted in the event of the maximum permitted levels being exceeded.

The scheme shall be implemented as approved.

Reason: In the interests of the local amenity.

(15) All vehicles, plant and equipment 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: In the interests of the local amenity.

Water Resource Protection

(16) No watercourse shall be incorporated into the workings and there shall be no direct connection between the workings and any watercourse.

Reason: In order to prevent water pollution.

(17) No solid matter, sand or gravel, oil or grease or other injurious matter shall be allowed to pass from the workings to any watercourse.

Reason: In order to prevent water pollution.

(18) Any oil, fuel, lubricant or other potential pollutant on the site shall be handled in such a manner as to prevent pollution of any watercourse or aquifer. Fuel or oil storage tanks shall be housed in an area with an impervious base surrounded by oil and fuel tight bund walls of sufficient height and construction. The bunded volume shall be capable of containing 110% of the volume of the largest tank. All pipework, filling points, vents and sight glasses must be located within the bund.

Reason: In order to prevent water pollution.

Landscaping

(19) The limit of extraction adjoining trees to be retained and new planting shall be clearly marked by a post and wire fence, the siting of which is to be agreed with the Mineral Planning Authority for each phase of extraction. The fence shall be erected before commencement of extraction in the relevant phase.

Reason: In order to protect existing trees.

(20) No material shall be stored or bunds formed within five metres of the trunk of any retained trees.

Reason: In order to secure the protection of trees.

(21) Any tree felling should take place outside of the bird breeding season (April-September).

Reason: To ensure bird protection.

Restoration

(22) Restoration details shall be submitted to the Mineral Planning Authority for approval within six months of the date of this permission. The schemes shall be implemented as approved.

Reason: To ensure satisfactory restoration of the site.

(23) Overburden, subsoil and topsoil shall be removed and replaced separately and in the correct sequence. No topsoil or subsoil shall be removed from the site.

Reason: To ensure satisfactory restoration of the site.

(24) Topsoil and subsoil shall not be handled, respread or ripped except when dry and friable.

Reason: To ensure satisfactory restoration of the site.

(25) All ridges formed as part of the restoration programme shall be ripped prior to the planting of trees. The formation of the final 1.5 metres of cover to be provided shall be by loose tipping of soil with no machine movement over the loose tipped area.

Reason: To create the best conditions for planting.

Nature Conservation

(26) Surveys for protected species (eg reptiles, notable heathland birds, bats and badgers) shall be taken, and, if found, translocated to an acceptable receptor site, details of which to be submitted in writing with the Mineral Planning Authority.

Reason: In the interests of nature conservation.

(27) Prior to commencement of development, a hydrological assessment shall be undertaken to clarify potential impacts to valley mire habitats, and appropriate mitigation measures submitted in writing to, and approved by, the Mineral Planning Authority.

Reason: In the interests of nature conservation.

Drainage

(28) Drainage details of the site shall be submitted and approved in writing with the Mineral Planning Authority prior to the commencement of development.

Reason: In order to prevent water pollution.

(29) Drainage channels as approved in accordance with Condition (28) on the southern boundary of the site where it adjoins Arletts Bungalow shall be provided prior to the commencement of development.

Reason: To reduce the risk of flooding.

Aftercare

(30) All plant, buildings, machinery and sanitary facilities, their foundations and bases, together with any internal access roads and vehicle parking, shall be removed from the site at such time as the Mineral Planning Authority, after consultation with the operator, shall determine that they are no longer required for the working or restoration of the site and the site restored in accordance with the restoration scheme approved under Condition (22) above.

Restoration: To secure satisfactory restoration of the site.

(31) All planting and seeding shall be carried out in accordance with the details of the scheme approved under Condition (22) above, and shall be maintained to the satisfaction of the Mineral Planning Authority for five years after completion of the restoration. Any trees or hedgerow that, within a year of planting, die or become damaged, diseased or are removed, shall be replaced in the next planting season with others of similar size and species unless the Mineral Planning Authority otherwise agrees in writing.

Reason: In order to secure satisfactory restoration.

(32) An aftercare scheme, to provide for a five year period of aftercare and requiring such steps as may be necessary to bring each phase of land restored under Condition (22) to the required standard for forestry and permanent heathland, shall be submitted to the Mineral Planning Authority within one year. The aftercare scheme shall be implemented as approved and an aftercare meeting held annually.

Reason: To ensure satisfactory restoration.

Advice to Applicant

Pollution Prevention

The developer should consult the Environment Agency on measures for the prevention of pollution, with particular reference to the delivery, storage and use of oils and chemicals, the disposal of surface water and the drainage of vehicle washing areas.

Legal Agreement

The planning permission is subject to a legal agreement for heathland restoration.

8099/JS

APPENDIX

HAMPSHIRE COUNTY STRUCTURE PLAN 1996-2011 (REVIEW) (ADOPTED MARCH 2000)

Policy MW1

Planning authorities will, through policies and proposals in local plans and day-to day development control:

(i) seek to ensure an adequate supply of minerals and provision of waste management facilities to meet needs having regard to the need to: maintain the environmental quality and diversity of Hampshire, including the protection of living conditions; safeguard important socio-economic interests; prevent pollution; and protect features of particular environmental or historical importance including those listed in Policy MW3, Sites of Importance for Nature Conservation and historic parks and gardens;

(ii) seek environmental enhancement and public benefits through minerals and waste development;

(iii) conserve and prevent unnecessary sterilisation of mineral resources and encourage efficient use of materials;

(iv) encourage the use of secondary and recycled aggregate materials; and

(v) seek the management of waste in accordance with the following hierarchy;

1. reduction of waste;

2. re-use of waste;

3. recovery of waste (recycling, composting, energy from waste); and

4. waste disposal;

having regard to the proximity principle and the principle of best practical environmental option.

Policy MW2

Permission will be granted for minerals and waste development provided the mineral/waste planning authority is satisfied that:

(i) any adverse environmental or other impacts that the development would be likely to cause are outweighed by a clearly established need for the development; and

(ii) the proposals, where applicable, include a satisfactory scheme of working and landscaping including details of lorry routeing and, in all cases, include satisfactory measures to ensure that the development would not have any unacceptable environmental, traffic or other impact; and

(iii) the proposals, where applicable, provide for the satisfactory and prompt restoration and after-care of the site to a high standard and to a landform compatible with the local landscape and suitable for an agreed beneficial after-use.

Policy MW3

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

The New Forest;

Areas of Outstanding Natural Beauty;

Special Areas of Conservation;

Special Protection Areas;

Wetlands of International Importance (Ramsar Sites);

Sites of Special Scientific Interest;

National Nature Reserves;

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

Conservation Areas;

Listed Buildings; and

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

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

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

Policy 7

The Mineral and Waste Planning Authorities will grant planning permission for minerals and waste development provided they are satisfied that, where appropriate, the proposed development pays due regard to:

(i) the relationship of the proposal site to other properties and land uses (particularly residential and other environmentally sensitive properties) and the likely effects of the proposed development on the locality by reason of noise, dust, smoke, fumes, illumination or any other factor and the need for buffer zones between the development and residential and other properties;

(ii) the likely volume and nature of traffic that would be generated by the proposed development and the suitability of the proposed access to the site and of the road network that would be affected, in terms of highway capacity and safety and environmental impact, and whether any highway improvements required could be carried out satisfactorily without causing unacceptable environmental impact;

(iii) the likely visual impact of the proposed development and the need for additional planting and screening, including planting in advance of the commencement of the development;

(iv) the need to safeguard the character and amenities of individual settlements and to safeguard open gaps between settlements from permanent development which would cause long-term harm to the function of the land;

(v) the likely effects of the proposed development on and the need to protect and safeguard sites of nature conservation, geological, archaeological, historic, architectural and landscape importance and their settings;

(vi) the extent and quality of agricultural land to be taken by the proposed development and the proposals for its subsequent restoration and the likely effects of the proposals on farm structure and management;

(vii) the likely effects of the proposed development on and the need to maintain the distinctive character of the landscape; the likely effects of the proposed development on and the need to safeguard and protect individual species, habitats and landscape features, including woodland, trees and hedgerows; and the likely effects of the proposed development on forestry and woodland management;

(viii) the likely effects of the proposed development on sites used for recreation and public rights of way and the need to protect or secure the satisfactory diversion of public rights of way;

(ix) the likely effects of the proposed development on and the need to safeguard the flow and quality of watercourses, water supplies, floodplains, groundwater, the drainage of the site and adjoining land and the level of the water table in the locality and the likely effects of the proposed development on the immediate setting of any river;

(x) any potential danger to aircraft from birds being attracted to the site;

(xi) the possible amenity implications of any landfill gas that might be generated at the site and of any provisions that might need to be made to deal with it; and

(xii) the likely cumulative impact of the proposed development in combination with any other significant development taking place or permitted to take place in the locality and the need to minimise the impact of mineral extraction and waste disposal operations by securing, where appropriate, the phased release of sites and progression of working and restoration.

Policy 9

Applications for planning permission for minerals or waste development in the following areas will not be granted save where there is an overriding need for the development to take place and any adverse effects can be satisfactorily ameliorated:

(i) Sites of Importance for Nature Conservation and Local Nature Reserves;

(ii) Ground Water Source Protection Zone 1 (Inner Source Protection) areas;

(iii) sites on the County Register of Historic Parks and Gardens.

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.