Contact: Peter Chadwick, ext. 6728 e-mail: [email protected]

1. Summary

1.1 Planning permission is sought for sand extraction from land at Baigents Hill, Headley. The recommendation, taking into account the short period of operation, is to grant planning permission because there is a need for further sand reserves. The protection of trees to be retained, badger setts and water resources will be safeguarded by conditions.

2. Site and Proposal

2.1 The site, as shown on the attached plan, comprises an area of 1.75 hectares of land north of rifle range at Baignants Hill, and adjacent to Rabbitfield Hill Sandpit. The site is next to River Slea. Broxhead and Kingsley Commons Site of Special Scientific Interest (SSSI) and Wealdon Heaths Phase II Special Protection Area (SPA) to the south-east of the site. Footpath FP36 is close to the site. The nearest houses are about 200 metres from site.

2.2 The proposal is to extract about 90,000 tonnes of sand over a period of about two years. The applicant states this would be an extension to Rabbitfield Hill Sand Quarry. Restoration would be to agriculture and woodland at a lower level. Access would be via the existing haul road to Grooms Farm Quarry, where sand would be processed. Following a survey of badger activity the application was amended to retain the bank and trees along the site boundary next to the River Slea

3. Development Plan

3.1 Hampshire County Structure Plan Review 1996 - 2011 (Adopted March 2000) Policy MW2 and MW3 concern proposals for mineral working.

3.2 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (Adopted December 1998) Policies 6, 7, and 20 concern proposals for mineral working.

4. Consultations

4.1 East Hampshire District Council raise objection on the grounds that Rabbitfield Hill is no longer an active site and the proposal therefore represents new sand working contrary to the policies of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan. Proposals likely to result in loss of important boundary trees.

4.2 Headley Parish Council objects to the application on the grounds that it is not a Preferred Area in the Minerals and Waste Plan, the site does not physically adjoin the closed Rabbitfield Hill Sand Pit, for which the permission to extract sand has now expired. The Council are concerned about the environmental impact on trees on and around the site, which has not been assessed. There is also no demonstrable need shown for extra sand extraction on this site.

4.3 Kingsley Parish Council comments that the reduction of the area of extraction makes it extremely questionable whether amounts of sand will make any impact on the County sand reserves. Excavations will be into a major aquifer within source protection zone of Headley Pumping Station. Extract sand to water table and so leave no buffer of sand.

4.4 Binsted Parish Council strongly objects to the application on the grounds that the site is not within a Preferred Area, it is not an extension of an active extraction site, no need as sufficient reserves and yield very small, proposal will have an adverse environmental impact as will cause loss of mature oaks, active badger sett, threat to bank of bluebells and close to public footpath.

4.5 Dockenfield Parish Council raises objection on the grounds that:

(i) site is not a Preferred Area;

(ii) adjacent Rabbitfield Hill site was not a currently active site, not complied with conditions;

(iii) no need, and reserve very small;

(iv) although proposed to retain oaks on boundary, these are drought intolerant and so will not survive;

(v) cumulative impact from noise, dust and visual impact;

(vi) adverse impact for near water abstraction borehole; and

(vii) on balance the immediate need for such a small amount of sand does not justify exception to policy.

4.6 Environment Agency, Frimley Office raises no objection subject to conditions.

4.7 South East Water objects to the application due to the proximity to the public water supply source, at Headley Park, as the site is within the source protection zone defined by the Environment Agency.

4.8 Environmental Health Officer, East Hampshire District Council raises no objection, subject to conditions.

4.9 English Nature does not consider that the proposal would have a significant effect on the SPA, or will detrimentally affect Broxhead and Kingsley Common SSSI. In response to the survey of badger activity, the comment is that there needs to be a detailed badger mitigation statement.

4.10 Council for the Protection of Rural England, East Hampshire District Group raise objection on the grounds that it is not an extension but a new site, it is not a preferred site in the Minerals and Waste Plan, the volume of sand to be extracted does not justify the detrimental impacts.

4.11 County Councillor Filer raises objection on the grounds that this is not a Preferred Area in the Minerals and Waste Local Plan, it does not physically adjoin the Rabbitfield Hill Sand Pit for which permission to extract has now expired, there is no obvious need for sand extraction and the environmental impact would be of great significance.

5. Representations

5.1 Seventeen letters of objection have been received from local residents on the same grounds as raised by the parish councils.

6. Chief Planning Adviser's Comments

6.1 The site is not a Preferred Area in the Hampshire Portsmouth and Southampton Minerals and Waste Local Plan, and has been put forward by the applicant as an extension to their former working at Rabbitfield Hill. Objections have been raised on the grounds that it is not an extension, because sand extraction has already ceased at that site. However the application site is adjacent to Rabbitfield Hill and served by the same haul road. The proposed method of working would be the same in that the sand would be taken to Grooms Farm for processing and despatch.

6.2 The original proposal involved the removal of the oak trees and bank along the site boundary with the River Slea. This has been amended because of the presence of Badger setts and these trees and bank are proposed to remain. This has reduced the amount of sand which could be extracted. It is considered that the mitigation measures proposed are acceptable and conditions can secure suitable protection for the trees.

6.3 The concerns from South East Water concerning the Source Protection zone are noted. However it is the Environment Agency which defines the Protection Zones and has policies for their protection. The Environment Agency have raised no objection subject to conditions concerning storage of fuels and maintenance of machinery.

6.4 With regard to need, the current requirement is for the County Council to maintain a land bank of reserves of sand and gravel sufficient for seven years production. The current position is that the reserves of sand and gravel are sufficient for about five years. However, the reserves of soft sand, which is the resource in this application, are lower at about three and a half years. Consequently, there is a need for further reserves of soft sand. Although only a small site, as an additional satellite reserve , for an existing quarry, this would be a useful addition.

6.5 In conclusion it is recommended to grant planning permission because there is a need for further sand reserves, concerns about protection of trees to be retained, protection of badger setts and water resources can be safeguarded by conditions and so the environmental impact would be acceptable taking into account the relatively short period of operation.

Recommendation

That planning permission in respect of Sand extraction, extension to Rabbitfield Hill Sandpit - with restoration to agricultural and woodland at Land north of Rifle Range, Baigents Hill, Headley, near Bordon (Rabbitfield Hill) (F20310/21) be granted permission, subject to the following conditions permission for the following reasons:

Time Limits

(1) Sand extraction shall cease, all plant and machinery shall be removed and the site shall be restored in accordance with Condition (3) below by 31 March 2005.

Reason: To ensure the satisfactory restoration of the site within a reasonable timescale

Working Programme, Phasing and Direction of Working

(2) Other than in relation to the formation of the pond, as shown on drawing no. 042/P/013C, the excavation shall not be deeper than 65 metres AOD, or such other depth as may be agreed in writing by the Mineral Planning Authority.

Reason: In order to protect water resources.

(3) The site shall be worked and restored in accordance with the approved working and restoration schemes, as shown on drawings no. 042/P/012B and no. 042/P/013C, unless otherwise agreed in writing by the Mineral Planning Authority.

Reason: In the interests of local amenity

Hours of Working

(4) 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, and 0700 and 1300 on Saturday. No such operations shall take place on Sunday or recognised public holidays.

Reason: In the interests of local amenity.

Highways

(5) All sand shall be removed from the site via the haul road to Grooms Farm Sandpit. There shall be no access to the site from Picketts Hill.

Reason: In the interests of local amenity.

(6) Visibility splays of 4.5 metres by 210 metres shall be maintained at the Grooms Farm site access road junction with the A325. These visibility splays shall be kept free of all obstructions over a height of 0.6 metres above the adjoining carriageway level.

Reason: In the interests of road safety.

Landscaping

(7) New tree and shrub planting shown on the approved restoration scheme on drawing no. 042/P/013C shall be carried out by the first planting season following restoration of the site; and any trees or plants which within a period of five years from the completion of the restoration die, are removed or become seriously diseased shall be replaced in the next planting season with others of similar size and species, unless otherwise agreed in writing by the Mineral Planning Authority.

Reason: In the interests of local amenity.

(8) Notwithstanding Condition (3) above, there shall be no sand extraction or operations within eight metres of the trees to be retained, as shown on drawing no. 042/P/012B.

Protection of Badgers

(9) The mitigation measures specified in the badger mitigation statement shall be fully implemented for the duration of the working and restoration of the site.

Reason: To protect badgers and their setts

Restoration, Aftercare and Afteruse

(10) No soils shall be removed from the site, or used for any purpose other than the restoration of the site.

Reason: In order to ensure satisfactory restoration.

(11) After-care of the restored land shall take place for a period of five years in accordance with the approved outline dated 25 March 1998 and subsequent detailed schemes submitted under Condition (12) beginning when the land is restored in accordance with Condition (3).

Reason: To secure a high standard of restoration.

(12) No later than four weeks before the annual after-care meeting a detailed proposal for the after-care of the restored land for the following year shall be submitted to the Mineral Planning Authority. No later than four weeks following the annual site visit a detailed scheme, revised as necessary following the annual site meeting, shall be submitted for the written approval of the Mineral Planning Authority.

Reason: In order to secure a high standard of restoration.

8311/PDC

APPENDIX

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

Policy MW2

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

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

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

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

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 DECEMBER 1998)

Policy 6

Permission will be granted for minerals and waste development provided the Mineral/Waste Planning Authority is satisfied that:

(i) there is a clearly established need for the development (as assessed in relation to the other relevant policies of the Plan) which outweighs any adverse environmental or other impact that the development would be likely to cause; and

(ii) the development would not be likely to give rise to an unacceptable level of adverse environmental, traffic or other impact, pollution risk or danger to public health, particularly in respect of any of the factors specified in Policy 7 and measures would be taken to ensure that any such impacts would, as far as is practicable, be minimised; and

(iii) the proposals provide for the satisfactory working or operation and landscaping of the site and for its satisfactory restoration and landscaping at the cessation of the operations or use or at the end of the life of the facility to a condition suitable for an agreed beneficial after-use which is compatible with adjoining land uses and the planning policies for the area.

Notwithstanding any need there may be for waste disposal, permission will not normally be granted for mineral extraction with restoration by infilling with waste materials unless there is a need for the mineral to be extracted.

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 20

The Mineral Planning Authorities will not grant planning permission for the extraction of sand and gravel from land outside the preferred areas specified in Policy 19 unless they are satisfied that the proposal is in conformity with the other policies of the Plan and that:

either:

(i) (a) there is a need for additional permitted reserves of sand and gravel (as assessed against Policies 16-18) which cannot reasonably be met from within the preferred areas; and

(b) it can be demonstrated that working of such land would be equally acceptable to working within a preferred area;

or:

(ii) the proposed development involves a small scale extension to or deepening of an existing active sand and gravel extraction site.