Contact: Julia Davey, ext. 6732 email: [email protected]

1. Summary

1.1 This report considers an application to extend the time period for restoration and mineral extraction at Ibsley Quarry, land north of Mockbeggar Lane, Ibsley, near Fordingbridge as a result of work being delayed during a significant part of this year because of Sand Martins nesting in the sand faces.

1.2 The recommendation is that permission be granted subject to conditions.

2. Site

2.1 The site, as shown on the attached plan, extends across 23 hectares of land north of Mockbeggar Lane Ibsley. Mineral extraction and tipping operations at the site were due to be completed by 31 October 2003, with a further 12 months being permitted for restoration. Sand Martins have however nested in the sand faces of the quarry, effectively sterilising mineral operations, which has delayed operations.

2.2 The site is on the edge of the eastern River Terrace of the Upper Avon Valley, it is located just outside the New Forest Heritage Area and the proposed New Forest National Park, although the actual boundary has been the subject of a Public Inquiry. The River Avon and the Avon Valley Site of Special Scientific Interest (SSSI) lie to the west and south of the application site.

2.3 The Avon Valley is also a Special Protection Area (SPA) under the Directive on the Conservation of Wild Birds and is designated under the Convention on the Conservation of Wetlands of International Importance, especially as waterfowl habitat (the Ramsar convention). The River Avon system itself is a Candidate Special Area of Conservation ( cSAC) under the Directive on the Conservation of Natural Habitats and Wild Fauna and Flora.

2.4 The New Forest SSSI lies to the east of Ibsley and also has cSAC and Ramsar status. A detached section of the SSSI lies alongside the minor road which runs approximately 0.7 kilometres east of Ibsley quarry; this strip of land is important for its wetland plant community.

2.5 There are a number of local public footpaths and bridleways. The Avon Valley Path, a designated National Trail, Long Distance Path, follows the northern boundary of the site.

2.6 Planning permission was granted last year to change the restoration of the site from agriculture to part open water, reed bed, back up grazing and agriculture. The site is well on the way to being fully restored.

2.7 At the County Council's Regulatory Committee on 26 November 2003, permission was granted subject to legal agreements, for a north-west extension to this quarry, which the applicants hope to start implementing as soon as the certificate of planning permission and pre-commencement conditions have been issued and approved. This is likely to be around the Spring of 2004. The agricultural land, back up grazing and a significant proportion of the site has already been restored to open water and reed beds. Only the north-east corner remains to be restored and stockpiles of mineral to be processed.

2.8 The site is bordered by residential properties to the south, east and west.

2.9 The site is within the Airfield Safeguarding Zone for Bournemouth Airport.

3. Proposal

3.1 Planning permission is sought to vary Condition (2) of planning permission number 43770 so that it reads:

"Mineral extraction and tipping operations shall cease no later than 31 April 2004 and the site shall be restored in accordance with the approved revised restoration scheme within a further period of 12 months (or such longer period as the planning authority may approve) and thereafter shall be the subject of after-care for a period of five year's."

3.2 Since the application has been submitted, the applicants have agreed that the period of time for restoration proposed by way of this condition could be reduced to `six months'.

3.3 The applicant states that the company has acted in good faith with regards to the requirements of environmental law and trusts that the presence of Sand Martins on site and the corresponding negative effect the nesting birds have had in terms of continuity of operations, will be accepted as a material consideration in support of the proposal to vary Condition (2) of planning permission number 43770. The applicant apologises for not submitting the application until October 2003.

4. Development Plan

4.1 Hampshire County Structure Plan Review 1996 - 2011 (Adopted March 2000) MW1, MW2, MW3.

4.2 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (Adopted December 1998) Policies 6, 7 and 8.

5. Consultations

5.1 The Chief Highways Adviser, Ellingham, Harbridge and Ibsley Parish Council, New Forest District Council, Environmental Health, Council for National Parks, The Environment Agency, English Nature, Hampshire Wildlife Trust, Rights of Way Manager and the Civil Aviation Authority raises no objections to the proposal.

5.2 Ecological and Landscape Advisers (HCC) have no objection.

5.3 Councillor Mrs Heron has been informed of the proposal.

6. Representations

6.1 A petition of seven residents who live on the A338 at Ibsley has been received, strongly urging the County Council not to approve any more tipping or quarry workings on the site for traffic reasons, to reduce lorries on the A338 and cut down on silt on the A338. It adds that lorries leaving the quarry should be washed and sheeted and no loud reversing bleepers should be allowed to be used on the site. The petition calls to end mining in the Avon Valley and adds that the original applicants, Drinkwater Sabey, were given 13 year's by the Planning Inspector to take out all the gravel from 1 November 1990.

7. Chief Planning Adviser's Comments

7.1 This application proposes a minor extension of time to complete workings at the quarry which have been delayed because of nesting Sand Martins.

7.2 The main issues raised by the proposal are the environmental impact of traffic to local residents (including mud on the A338) and any amenity impacts by way of noise or dust.

7.3 It is noted that the Environmental Health Officer and the Chief Highways Adviser raise no objection to the proposal. It is also noted that planning permission was resolved to be granted for a north-west extension to this quarry at the County Council's Regulatory Committee on 26 November 2003. Issues of traffic on the A338 were also raised at this Committee and it was resolved that the permission be subject to a financial contribution for road maintenance, and signs along the section of the A338 in question and that conditions were imposed with relation to wheel washing, mud on road, reversing bleepers and sheeting of lorries.

7.4 There are no conditions relating specifically to wheel washing, mud on road, reversing bleepers, and sheeting of lorries on the original planning permission at the site (number 43770) (which is being varied by this application).

7.5 In conclusion, it is considered that the proposal for a minor extension of time is a reasonable request but that conditions should be attached to any consent granted regarding the issues of sheeting, mud, wheel washing and reversing bleepers as outlined above.

Recommendation

That variation of Condition (2) of planning permission number 43770 to allow an extension of time for mineral extraction and tipping at Ibsley Quarry, land north of Mockbeggar Lane, Ibsley be granted permission for the following reason and subject to the following conditions.

Reason for Approval

The proposal would be in accordance with the development plan (as summarised as attached) and would not materially harm the character of the area or the amenity of local residents and would be acceptable in terms of highway safety and convenience.

Conditions

Time Limits

(1) Mineral extraction and tipping operations shall cease no later than 31 April 2004 and the site shall be restored in accordance with the restoration scheme approved under planning permission number 43770 and varied by planning permission number 66431, within a further period of six months or such longer period as the Mineral Planning Authority may approve in writing and thereafter shall be subject to a period of after-care for five year's.

Reason: To provide for the completion of site operations and restoration of the site within the approved timescales.

Access and Routeing

(2) The site entrance and all internal haul roads shall be maintained in a condition free from potholes while in use and shall be removed when no longer required or during the course of site restoration, whichever is the sooner. Sections of haul road formed to a level higher than 1 metre below the final restoration level shall be removed before final soils are respread. All sections of haul road shall be ripped before being covered with soils during restoration.

Reason: In the interests of highway safety and safeguarding the local environment.

(3) Lorries leaving the site shall have had their wheels cleaned and be sheeted to the satisfaction of the Mineral Planning Authority before entering the public highway.

Reason: In the interests of local amenities and highway safety.

(4) The site entrance and A338 within proximity to the site entrance shall be kept clean of mud at all times.

Reason: In the interests of highway safety.

Advice Note

All other conditions relating to planning permission number 43770 and those conditions varied by permission number 66431 remain valid.

8467/JD APPENDIX

HAMPSHIRE COUNTY STRUCTURE PLAN REVIEW 1996 - 2011 (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 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 8

Applications for planning permission for minerals or waste development in the following areas will not be granted save when the development would not prejudice the purpose of the designation and where there is an overriding need for the development to take place in the public interest:

(i) the New Forest Heritage Area;

(ii) Areas of Outstanding Natural Beauty;

(iii) National Nature Reserves, Sites of Special Scientific Interest, Special Protection Areas, Special Areas of Conservation and Wetlands of International Importance (Ramsar Sites);

(iv) Scheduled Ancient Monuments and their settings;

(v) Conservation Areas, Listed Buildings, and sites on the National Register of Parks and Gardens of Special Historic Interest.