Archived decisions

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

1. Summary

1.1 In accordance with the Environment Act 1995 (Review of Mineral Planning Permissions) Onyx UK Limited has submitted proposed operating and restoration conditions for Warren Farm and Down End Quarries. The Review only concerns the planning permissions for mineral extraction, it does not apply to the planning permissions for other activities at these quarries. The submission was accompanied by an Environmental Statement as required by the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1998. The recommendation is that the revised conditions be approved.

2. Site and Proposal

2.1 The Warren Farm and Down End Quarries (as shown on the attached plan) are located on either side of the M27 between Fareham and Portchester. Warren Farm comprises an area of 3.9 hectares, and Down End Quarry an area of 10.2 hectares. Part of the Down End Quarry is a component of Down End Chalk Pit Sites of Special Scientific Interest (SSSI), which has been designated for its geological interest.

2.2 Warren Farm Quarry lies to the north of the M27. The adjoining land is agricultural. Fort Nelson is to the north of the Quarry. Access is onto Down End Road. The remaining chalk reserve is about 1.25 million tonnes.

2.3 Down End Quarry is to the south of the M27. Land to the immediate south and east is agricultural. There is a riding stables to the north-west and houses along Down End Road. Access is onto Down End Road. The remaining chalk reserve is about 0.75 million tonnes.

2.4 The quarries are both served by a purpose built private haul road which runs from Down End Road to Junction 11 of the M27. There is a legal agreement to require lorry routeing via the private haul road.

2.5 The quarries have planning permission for chalk extraction, landfill, aggregate recycling, waste transfer and green waste composting. The Review procedure only applies to the winning and working of minerals and ancillary development. The mineral permissions for chalk extraction include infilling with waste to achieve restoration, and there are planning permissions for ancillary buildings, plant and machinery. These are subject to the Review. However the permissions for waste transfer, recycling and green waste composting are not mining development nor ancillary mining development and so not subject to the Review.

2.6 The proposed conditions include an end date for chalk extraction and infilling of 30 June 2011 for both quarries, and conditions for environmental controls over extraction and infilling, and requirements for restoration and after-care.

3. Environmental Statement

3.1 The submission is accompanied by an Environmental Statement as required by the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1998. The Environmental Assessment includes Site Location and Description, Public Rights of Way, Topography and Landscape, Soil Survey and Agricultural Land Classification, Archaeology, Geology and Hydrology, Highways and Traffic, Ecology and Planning History. Included in Technical Appendices are a Noise Study, Dust Assessment, Geotechnical Report and Landscape and Visual Impact Report.

4. Development Plan

4.1 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (Adopted December 1998) Policy 7 concerns general considerations and Policy 10 concerns conditions.

5. Consultations

5.1 Fareham Borough Council - comments awaited.

5.2 Boarhunt Parish Council comments that access to and from the site should not use the local lanes (C50, U195, and C346).

5.3 The Highways Agency raises no objection subject to conditions to safeguard stability for the motorway.

5.4 The Environment Agency have no objection subject to conditions.

5.5 The Environmental Health Officer (Fareham Borough Council) recommends additional conditions concerning issues such as odour, pest control and wind blown refuse. Hours of working should be related to the noise attenuation scheme.

5.6 English Nature recommend conditions to ensure that restoration does not cover or restrict the exposure of the interest features for which the site has been designated.

5.7 Ministry of Defence have no comments.

5.8 Health and Safety Executive - no comments received.

5.9 The Highways Adviser raises no objection subject to the continuation of the use of the private haul road between Down End Road and Junction 11 of the M27.

6. Representations

6.1 No representations have been received from local residents. County Councillors Ellis, Price, and Mrs Hindson have been informed.

7. Chief Planning Adviser's Comments

7.1 The Review only concerns the mineral working permissions and ancillary permissions. Therefore, in the case of Warren Farm and Down End Quarries these are the permissions for chalk extraction and restoration through infilling, together with ancillary permissions for access, buildings, plant, equipment and storage. There are planning permissions for other operations at these quarries, specifically for waste transfer and recycling at Warren Farm Quarry and Green Waste Composting at Down End Quarry. These permissions are not for mineral working and are not subject to the Review.

7.2 It is considered that the proposed conditions address the issues associated with the continued mineral extraction, landfill and restoration for these quarries. However it is recommended to modify the wording of the conditions in the interests of clarity and enforceability.

Recommendation

That planning permission in respect of First Periodic Review of Mineral Planning Permissions-Application for determination of conditions at Warren Farm and Down End Quarries, Down End Road, Fareham (P/03/0616/MW) be granted subject to the following conditions.

Conditions

General

(1) From the date it is finally determined a copy of this schedule of conditions including all documents referred to in it and any further submissions to and approvals by the Mineral Planning Authority under the approved conditions shall be kept available on site for inspection at any time when the site is operating.

Reason: For the avoidance of doubt and ensure compliance.

(2) All existing hedges and fences on the site perimeter boundary shall be maintained and protected from damage throughout the period of operation until the reclamation of the site has been completed.

Reason: In the interests of local amenity.

(3) Vehicular access to and from the site shall be via the current access points onto Down End Road. No other accesses shall be used unless otherwise approved in writing by the Mineral Planning Authority. All vehicles shall have regard to the lorry routeing agreement dated 15 January 1990 between Calx Limited and Hampshire County Council.

Reason: In the interests of highway safety.

(4) Efficient silencers shall be fitted to, used and maintained in accordance with manufacturers instructions on all vehicles, plant and machinery use carried out at the site. Save for the purposes of maintenance, no other machinery shall be operated with the covers open or removed.

Reason: In the interests of local amenity.

(5) At all times during the carrying out of operations authorised or required by this consent, such measures which may include water bowsers, sprayer, whether fixed or mobile, shall be used at such times as it is necessary to minimise the emissions of dust from the site.

Reason: In the interests of local amenity.

(6) Provision shall be made to minimise the risk of mud or other debris being deposited onto the public highway.

Reason: In the interests of highway safety.

(7) Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bunded walls. The volume of the bunded compound shall be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound shall be at least equivalent to the capacity of the largest tank, vessel or the combined capacity of interconnected tanks or vessels plus 10%. All filling points, associated pipework, vents, gauges and sight glasses shall be located within the bund or have separate secondary containment. The drainage system shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework shall be located above ground and protected from accidental damage. All filling points and tank and vessel overflow outlets shall be directed to discharge downwards into the bund.

Reason: To protect the water environment.

(8) There shall be no discharge of foul drainage from the site into either groundwater or any surface water, whether direct or via soakaways.

Reason: To protect the water environment.

(9) Within three months of the approval of these conditions, a site operational layout plan for the Warren Farm site shall be submitted for the approval of the Mineral Planning Authority. Any future amendments to this layout shall be notified in writing, in advance to the Minerals Planning Authority.

Reason: For the avoidance of doubt and to control the development.

(10) Within one year of the completion of tipping, the uppermost layer of tipped materials shall be covered with at least 0.75 metres depth of sub-soil (free from large solid objects). The sub-soil shall be tined before the topsoil is respread so that any compact layers shall be broken up. The sub-soil shall in turn be covered by at least 0.25 metres depth of topsoil which shall be cultivated and prepared to a state suitable for agriculture.

Reason: To secure suitable restoration.

(11) Tipping shall not commence at either site unless an outline of the after-care scheme for the after-use of that site has been submitted to and approved in writing by the Mineral Planning Authority. The scheme shall specify in outline the programme of after-care, steps it is proposed to carry out during the after-care period. The programme shall include the provision for an annual site meeting to discuss the details and after-care steps necessary on the restored land.

Reason: To secure satisfactory restoration.

(12) No later than four weeks before each annual meeting referred to in Condition (11), a detailed scheme for the after-care of the restored land shall be submitted to the Mineral Planning Authority. No later than two months following the annual site meeting, the detailed scheme (revised as necessary following the annual meeting) shall be submitted for the approval of the Mineral Planning Authority.

Reason: To secure satisfactory restoration.

(13) After-care of the restored land shall take place for a period of five year's in accordance with the approved outline and detailed schemes, unless otherwise agreed in writing by the Mineral Planning Authority.

Reason: To secure satisfactory restoration.

Mineral Extraction and Infilling-Warren Farm

(14) Unless otherwise agreed in writing the development hereby approved shall be carried out in complete accordance with the details submitted with the application (as shown on approved plan numbers TC 003/10/11/12/13 and 14) including the depth and direction of working, sequence of extraction and tipping, restored levels and landscaping.

Reason: For the avoidance of doubt to ensure satisfactory working.

(15) Unless otherwise agreed in writing all chalk extraction and tipping shall cease, all buildings, plant, machinery and stockpiles shall be removed and the sire restored in accordance with submitted details, conditions and approved schemes by 30 June 2011 or, within three months of such time as the Mineral Planning Authority notifies the owner and occupier of the land it considers chalk extraction and tipping at Warren Farm Quarry has been completed, whichever is the sooner.

Reason: To secure completion and restoration of the site within a reasonable timescale.

(16) Prior to extraction commencing a ground movement monitoring scheme for the M27 cutting slope shall be submitted to the Mineral Planning Authority for approval in writing. The scheme shall include details of monitoring equipment and its location and provision for reports to be made available for inspection by the Mineral Planning Authority on request. The ground movement monitoring scheme shall be implemented as approved for the duration of chalk extraction, tipping and restoration.

Reason: To ensure the integrity of the motorway cutting.

(17) The excavation adjacent to the motorway cutting shall be to a slope of not greater than 60 degrees to the horizontal. In the event of excavation works affecting the stability of the motorway cutting all extraction shall cease until remedial measures have been agreed by the Mineral Planning Authority and implemented. In the event that the action of weather degrades the top of the slope adjacent to the motorway cutting, extraction shall cease until this slope shall be reinstated in accordance with a scheme approved by the Mineral Planning Authority.

Reason: In order to ensure no adverse impact for the motorway.

(18) No blasting shall be carried out as part of the quarrying operations.

Reason: In the interest of the stability of the motorway embankment.

(19) At least 12 months prior to the tipping commencing within the excavation hereby approved a hydrological borehole shall be drilled in order to prove the depth of the water table and a scheme of monitoring submitted to assess seasonal variations. The scheme shall be implemented as approved and information shall be submitted to the Mineral Planning Authority on request.

Reason : To protect the water environment.

Crushing and Screening-Warren Farm

(20) Unless otherwise agreed in writing, crushing and screening plant shall only be operated between 0700 and 1730 hours Monday to Friday, and 0700 and 1300 hours on Saturdays, with no operations on recognised public holidays or Sundays.

Reason: In the interests of local amenity.

(21) Crushing and screening plant shall be sited such that no part of it is above the original ground level of Warren Farm Quarry, and no stockpiles shall be formed to a height above the original ground level of Warren Farm Quarry.

Reason: In the interests of visual amenity.

(22) During periods of dry and windy weather water shall be sprayed across the site access road and stockpiles to prevent the occurrence of wind-blown dust, to the satisfaction of the Mineral Planning Authority.

Reason: In the interests of local amenity.

Mineral Extraction and Infilling-Down End

(23) Prior to the recommencement of mineral extraction at Down End Quarry, a noise attenuation scheme shall be submitted to the Mineral Planning Authority. The scheme shall then be implemented as approved, or as may subsequently be approved in writing by the Mineral Planning Authority. The scheme shall make provision for;

(i) a programme to identify any predicted tonal noise element;

(ii) measures to mitigate any tonal noise; and

(iii) a programme for implementation.

Reason: In the interests of local amenity.

(24) Prior to the recommencement of mineral extraction at Down End Quarry, a scheme for dust assessment and mitigation at the site shall be submitted to the Mineral Planning Authority. The scheme shall then be implemented as approved, or as may subsequently be approved in writing by the Mineral Planning Authority.

Reason: In the interests of local amenity.

(25) Unless otherwise agreed in writing, machinery and plant shall only be worked between 0700 and 1730 hours Monday to Friday (except recognised public holidays) and 0700 and 1430 hours on Saturday.

Reason: In the interests of local amenity.

(26) No stockpiles or bunds of chalk, soil or waste material shall be stored within the quarry extension area to a height exceeding the original ground level, except as required to form approved screening mounds.

Reason: In the interests of visual amenity.

(27) Following the completion of infilling in the quarry extension area, all screen mounds shall be removed, and respread in one operation of not more than six months duration.

Reason: To secure restoration and in the interests of visual amenity.

(28) Unless otherwise agreed in writing, the development hereby approved shall not be carried out otherwise and in complete accordance with the details submitted with the application
(as shown on approved plan numbers, H1118-2, H1317, H1318, H1319 and H1320) including the depth and direction of working, with sequence of extraction and tipping, restored levels and landscaping. No sub-soil or top-soil shall be removed from the site.

Reason: In order to ensure satisfactory working of the site.

(29) Unless otherwise agreed in writing all chalk extraction and tipping shall cease, all buildings, plant, machinery and stockpiles shall be removed and the site shall be restored in accordance with submitted details, conditions and approved schemes by
30 June 2011

Reason: In the interests of local amenity.

(30) Prior to the recommencement of mineral extraction at Down End Quarry, a scheme for the decommissioning of the Green Waste Composting or other developments, shall be submitted for the approval of the Mineral Planning Authority and implemented.

Reason: In the interests of local amenity.

8519/PC

APPENDIX

HAMPSHIRE, PORTSMOUTH AND SOUTHAMPTON MINERLS 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 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.