Contact: Peter Chadwick, ext 6728 email: [email protected]

1. Summary

1.1 Planning permission is sought for an extension to Marchwood Quarry for extraction of sand and gravel and subsequent infilling with construction/demolition waste and restoration to agriculture. The recommendation is that, subject to the completion of the departure procedures, a financial contribution for highway works to Jacobs Gutter Lane, planning permission be granted subject to conditions.

2. Site and Proposal

2.1 The site, as shown on the attached plan, comprises an area of about 20 hectares of agricultural land alongside Tavells Lane, Marchwood. The proposal is for mineral extraction as an extension to the existing Marchwood Quarry followed by infilling and restoration. The nearest house is at Tavells Farm, which adjoins the site. There are also houses on the opposite side of Tavells lane, which are part of the estates on the outskirts of Marchwood.

2.2 Marchwood Quarry was granted consent in 1994 and operations commenced in 1996. At the current rate of working it is anticipated that the mineral extraction will be completed very soon with infilling and restoration being completed by 2007/08. The proposal is for an extension onto land between the existing site and Tavells Lane.

2.3 The extension would yield about 400,000 tonnes of sand and gravel. The site would be worked in two phases, each taking two years to extract at a rate of 100,000 tonnes per year. This would be followed by two years of infill for restoration. The estimated volume of infilling required for restoration would be about 200,000 cubic metres, imported at a rate of 50,000 cubic metres per year. As the site would be worked and restored progressively, it is anticipated that the working and restoration would be completed within six years.

2.4 A 30 metre woodland planting strip was established in 1995 alongside Tavells Lane. This would remain, with a 5 metre high bund constructed behind with soils excavated from the extraction. The bund would provide visual screening and noise attenuation. The bund would be removed as part of the restoration. A margin of 55 metres would be established between Tavells Farmhouse and the extraction area.

2.5 The hedgerow between Phase 1 and Phase 2 and the hedgerows on the boundary with the existing quarry and the railway would be retained. However, the hedgerow across Phase 2 would be removed.

2.6 Access to the extension would be by an internal haul road from the existing quarry. The mineral would be processed at the existing processing plant and exports would be via the existing access onto Marchwood Road. Similarly, all imported infill material would use the existing access. The rate of extraction and infilling would be the same as the existing, which generates about 130 lorry movements per day.

2.7 The application was accompanied by a noise report. The conclusion of this report is that the construction of bunds noise levels during extraction and infilling would be within acceptable limits.

2.8 The proposed restoration of the application site has been amended following initial submission to reflect its location adjacent to the New Forest Heritage Area and proposed National Park. In addition, the applicant proposes to amend the restoration of the main quarry to also reflect this location. A restoration concept plan has been submitted.

3. Development Plan

3.1 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted December 1998) Policies 6 and 7 concern general considerations, Policy 20 concerns proposals for mineral extraction outside Preferred Areas.

4. Consultations

4.1 New Forest District Council raises no objection subject to:

(i) reasonable measures are taken to ensure that the environmental effects of the activity are kept within acceptable limits;

(ii) there is a revision of the scheme of restoration for the whole of the quarry such that it leads to the re-creation of a landscape which would be appropriate for the New Forest;

(iii) means to minimise the visual impact of the existing site entrance and improve the appearance of the bunds; and

(iv) adequate steps being taken to ensure that there would be no effect on adjacent property from the alterations to natural drainage or ground water in the area.

4.2 Environmental Health Officer New Forest District Council (NFDC) - comments awaited.

4.3 Marchwood Parish Council - comments that whilst the use of the land for gravel extraction with eventual restoration to pastoral status would be preferable to other potential alternative uses of the land, objection is raised on the grounds of departure from the development plan.

4.4 Totton and Eling Parish Council - no comments received.

4.5 The Environment Agency raised concern about proximity of an old landfill site, further information provided. Final comments awaited.

4.6 English Nature - initially raised objection concerning potential impact for Sites of Special Scientific Interest (SSSI) and SPA. Further information provided and final comments awaited.

4.7 New Forest Committee seeks significant improvements to the final restoration of the whole site. The principle being to create a landscape in keeping with the intimate and wooded landscape character, incorporating new habitats for wildlife, with grazing land secured for commoners and community benefits in the form of a new cycleway along Bury Road and a local community woodland scheme agreed with the local community/school. If the County Council were minded to grant permission it would be helpful if these principles were expressed as part of that permission.

4.8 The Department for Food and Rural Affairs comments that if planning permission is granted it should be subject to conditions to ensure soils are stripped, handled and stored, and replaced in accordance with appropriate methods and under suitable conditions and that after-care of restored areas is addressed.

4.9 Council for National Parks - no comments received.

4.10 The Highways Adviser raises no strategic highway objection subject to a financial contribution from the developer towards improvements in Jacobs Gutter Lane.

4.11 Councillors Kendall and Mrs Randall have been informed.

5. Representations

5.1 Ten letters of objection have been received from residents of Tavells Lane raising objection on the following grounds:

(i) the site is not a Preferred Area in the Local Plan;

(ii) the need for extraction has not been established;

(iii) existing operations create unsatisfactory effects of dust in dry weather and noise from plant and machinery;

(iv) cumulative impact on Marchwood from developments including Incinerator, Power Station, Waste Transfer Station and Household Waste Recycling Centre (HWRC);

(v) gravel extraction would surround village with major disruption, noise, dust and traffic and cause environmental disturbance for residents along Tavells Lane in terms of noise, smell, light pollution and dust;

(vi) screening effect of trees planted in 1995 diminished by failure to replace trees which failed, would reduce value of the houses and would cause drainage problems; and

(vii) concern at potential to affect nearby old rubbish tip increasing risk of pollution.

6. Chief Planning Adviser's Comments

6.1 The proposal is a departure from the Development Plan as it is not a Preferred Area in the Hampshire Portsmouth and Southampton Minerals and Waste Local Plan. The issue is whether there are circumstances to warrant a departure from policy.

6.2 Government guidance in MPG is that the land bank should be sufficient for seven year's production. However, at the beginning of 2003, the sand and gravel land bank of permitted reserves in Hampshire were sufficient for five years production. Although further planning permissions have been granted or committed, these would not compensate for the further production since the beginning of the year. This proposal would add a further 400,000 tonnes of reserve. There is a need, in policy terms, for the mineral extraction to provide further reserves.

6.3 Although the site is located outside the New Forest Heritage Area and the proposed National Park, the working of the site provides an opportunity for the restoration to be complementary to the New Forest. This is a view expressed by both New Forest District Council and the New Forest Committee. In response to their comments, the applicant has amended the restoration proposals. The proposed restoration for the site is low productivity permanent pasture, with extended broadleaved planting to supplement the existing planting. This restoration would provide benefits in terms of landscape, biodiversity and be a use appropriate for the New Forest. In addition, the applicant has, as part of these proposals, proposed to amend the restoration on the main quarry to follow the same restoration principles. The result would be to restore most of the site to rotational organic farmland, together with a substantial area of seasonal wetland and two ponds/reservoirs. There would also be additional broadleaved planting. This scheme would be an improvement on the currently permitted restoration, which is a conventional agricultural restoration. These proposed changes in the restoration are beneficial and appropriate to the New Forest. Whilst the restoration concept has been submitted, there will need to be further details to ensure the restoration achieves the appropriate standard. This detail could be required by planning condition.

6.4 There were concerns raised about the potential impacts for the nearby SSSI and European site. The concern relates to changes in the drainage regime, which result from the working and restoration. The proposed amendments to the restoration of the main quarry address this issue by including a recharge trench at the boundary where the drainage leaves the site to pass under the road. Additional work was also carried out by the applicant concerning potential risk associated with a nearby former landfill site, arising from changes in drainage and hydrology through working and restoring the site. This work confirmed that there was not a risk.

6.5 The other main issue is the potential impact for local residents, particularly those living along Tavells Lane. The proposed extension moves the working closer to the houses and the outskirts of Marchwood, and beyond the site previously identified as a Preferred Area. As the proposals are to use the existing access and processing plant, the impact would be from the extraction and restoration. The main impacts during this time, about six years, would be from noise, visual intrusion and possibly dust. The noise report accompanying the application concludes that the noise levels would be within the limits identified in guidance, subject to the construction of 5 metre high bunds along the boundary with Tavells Lane, as proposed. These bunds would be behind the tree belt previously planted. Although not a dense screen it would soften the impact of the bund and screen activities within the site. However, it is accepted that there would be greater disturbance, as the working would be closer to the houses.

6.6 In conclusion, the proposed extension is not a Preferred Area, and as such is a departure from policy. It also moves the workings closer to the houses along Tavells Lane. However, there is a need for further sand and gravel reserves in Hampshire because of the low level of the land bank. In addition, the proposals have been amended to provide an enhanced restoration across not only the application site but also across the main quarry. This restoration is more appropriate for its location adjoining the New Forest Heritage Area, and proposed National Park. It is considered that these aspects are sufficient to warrant an exception to policy, particularly as the proposal includes suitable mitigation or can be satisfactorily controlled by condition to minimise disturbance to local residents. Therefore, it is recommended to grant planning permission, subject to a financial contribution towards improvements to Jacobs Gutter Lane, which are required due to the use by lorry traffic.

Recommendation

That, subject to the completion of the departure procedures and a financial contribution towards improvements to Jacobs Gutter Lane, planning permission in respect of winning and working of sand and gravel with progressive reclamation by importing and spreading of inert waste to restore farmland at land adjacent to Marchwood Quarry and Tavells Lane, Marchwood (76732) be granted permission, subject to the following conditions:

Time limits

(1) The development hereby permitted shall begin before the expiration of one year from the date on which this permission was granted.

Reason: To comply with Section 91 of the Town and Country Planning Act.

(2) The winning and working of minerals and tipping operations hereby permitted shall cease on or before 31 December 2009 and the site shall be restored in accordance with the scheme approved under Condition (5) within a further period of six months or such longer period as the Mineral Planning Authority may approve in writing.

Reason: In the interests of local amenity.

Working Scheme

(3) Prior to development commencing, a scheme of working and tipping shall be submitted to the Mineral Planning Authority for approval in writing. The scheme shall include provision for:

(i) determining the depth, direction, method and phasing of working and tipping, including the machinery to be used;

(ii) defining the boundary of the excavation and tipping area and the slope angle of the banks of the excavations and tipped area;

(iii) the stripping of topsoil and subsoil and their storage separately one from the other;

(iv) the disposal of water from the site, the natural or artificial drainage of the site during operations and protection of aquifers;

(v) the fencing of the site; and

(vi) measures to be taken to minimise compaction of soil during stripping, stockpiling and respreading operations.

Reason: To ensure the development is carried out in a properly phased manner with a minimum of detriment to the character and amenities of the area.

(4) 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 to ensure the land is capable of restoration in accordance with the approved details.

Noise

(5) Noise from the operations at the site shall not exceed 55 decibels (A) LAeq (1 hour) as measured at the properties on Tavells Lane. 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 these noise levels are not exceeded.

Reason: To minimise the noise disturbance for local residents.

Access

(6) Access to site shall only be via the existing quarry entrance and internal haul road.

Reason: In the interests of highway safety.

Hours of Working

(7) Except with the prior approval of the Mineral Planning Authority in writing no operations authorised or required by this permission shall be carried out other than during the following hours:

(i) between 0700 and 1800 hours Monday to Friday; and

(ii) between 0700 and 1300 hours Saturday.

Reason: In the interests of local amenity.

Landscaping

(8) Within six months of the date of this consent, a scheme of landscaping shall be submitted to the Mineral Planning Authority for approval in writing. The scheme shall specify types, species, spacing and sizes of trees and shrubs to be planted along with a timetable for planting. The scheme shall be implemented as approved and any trees or shrubs which, within a period of five years from the date of planting, die, are removed, become seriously damaged or diseased shall be replaced in the next planting season by others of similar size and species unless otherwise agreed in writing by the Mineral Planning Authority.

Reason: In the interests of local amenity.

Margin

(9) No excavation shall take place within 25 metres of the railway.

Reason: In the interests of rail safety.

Restoration

(10) The uppermost 1 metre of imported waste material shall be free from large solid objects, and the waste material shall be covered with a minimum 0.8 metres even depth of subsoil and 0.2 metres even depth of topsoil in the correct sequence.

Reason: To ensure satisfactory restoration.

(11) The site shall be progressively restored to agriculture in accordance with a scheme agreed by the Mineral Planning Authority in writing, such a scheme shall be submitted to the Authority within one year of the date of this permission. The scheme shall include details of:

(i) the date by which each phase of restoration shall be completed;

(ii) the method, staging and timing of the filling operation;

(iii) the planting of trees and shrubs on the site; and

(iv) measures to be taken to drain the site.

Reason: To ensure the site is satisfactorily restored.

(12) Unless otherwise agreed in writing by the Mineral Planning Authority, all plant, machinery, foundations, hard standings and access roads no longer required in connection with the restoration or future use of the site shall be removed within six months of the cessation of mineral extraction and tipping.

Reason: To ensure the satisfactory restoration of the site.

After-care

(13) Within two years of the date of this permission, a five year after-care scheme, requiring that such steps as maybe necessary to bring each phase of the land restored under Condition (5) to the required standard for agriculture and nature conservation, shall be submitted to the Mineral Planning Authority for approval in writing. The scheme shall be implemented as approved.

Reason: To ensure the restored land is correctly husbanded.

8471/PC

APPENDIX

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

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.