Archived decisions

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

With the concurrence of the Chairman of the Regulatory Committee under Section 100(B)(4)(b) of the Local Government Act 1972, this matter is included on the agenda to enable the Committee to determine these planning applications without unreasonable delay.

1. Summary

1.1 This report considers two applications for variation of Conditions at Ridge Quarry, Ridge Lane, Romsey. Application `A' seeks to vary Conditions 1, 2 and 4 of planning permission number TVSM00010 to extend the period for mineral extraction and recycling operations and to remove the restriction on type and source of imported material at Ridge Farm Quarry, Ridge Lane, Ridge, near Romsey. The recommendation is to grant permission, subject to conditions.

1.2 Application `B' seeks to vary Condition 1 of planning permission. TVS04326/12 to extend time for tipping on Area 4 at Ridge Quarry, Ridge Lane, Romsey. The recommendation is to grant permission, subject to conditions.

APPLICATION (A)

2. Site

2.1 The site, as shown on the attached plan, extends across 40.2 hectares of land due east of the A3090, Salisbury Road, Romsey, from where access to the site is gained via Ridge Lane. The land subject of this application is contained within the Mineral Review Permission (ROMP) boundary and comprises of mineral processing plant, ready-mix concrete plant, inert and waste landfill (Area 3), and a small extraction area. The only area forming part of the Ridge Quarry complex but lying outside of the ROMP boundary is an inert landfill area known as Area 4. A variation to the Area 4 permission is being dealt with in this report under Application `B'.

2.2 The nearest houses to the site are: Ridge Farm (a listed building), which lies adjacent to the south-eastern boundary of the site on Ridge Lane; next to which lies Ridge Cottage; Ranvilles Park Cottages, which lie within the site and are understood to be tenanted and Ranville Farm (also a listed building) which lies near the northern boundary of the site. There are other properties on the western edge of the A36 dual carriageway close to and on the junction of Gardeners Lane with the A3090.

2.3 A public footpath (No. 10) separates landfill area No. 4 from the plant and recycling area. A Site of Importance for Nature Conservation (SINC) and ancient woodland lies adjacent to the east of the site.

2.4 The site is currently operating under planning permission number TVSM00010, a review of mineral planning permissions (ROMP) consent that was determined on 4 July 2000.

2.5 Currently gravel is being imported to the site from Embley Wood at Shootash of which there remains less than 5,000 tonnes to remove which, at the current rate of working, would take no more than four weeks to extract. This importation (to Ridge from Embley) is not covered by the existing Mineral Review Permission (ROMP) at Ridge, hence this application to vary Condition 4, amongst others, of this consent.

3. Proposal

3.1 Planning permission is sought to vary Conditions 1, 2 and 4 of planning permission TVSM00010 at Ridge Farm Quarry, Ridge Lane, near Romsey.

3.2 Condition 1 requires mineral extraction to cease no later than 31 December 2003, with the land restored to original levels by 31 December 2004.

3.3 Condition 2 requires the cessation of the waste recycling operations by 31 December 2003 or prior to the completion of the landfill operations whichever is the sooner.

3.4 Condition 4 restricts the type and source of material that can be imported to the site for uses in the manufacture of ready-mix concrete.

3.5 The applicant wishes to extend the time periods for extraction and restoration of the site to 31 December 2008 and 31 December 2009 respectively (Condition 1). The applicant states that these extended time periods are needed to enable the company to extract residual mineral on the site and further utilise the recycling plant. The proposal also seeks to extend the period of the recycling plant until 31 December 2008 and to allow the importation of aggregate from any site for use in the manufacture of ready-mix concrete (Condition 4).

3.6 At the request of the County Council a mineral and landfill void survey of the site was undertaken. This survey indicates that rather than the 68,000 tonnes of remaining reserves identified in the application, only 7,397 cubic metres of mineral remains to be extracted. This remaining mineral is located in the bund between cells 35 and 36 in Area 3 and in the haul road running alongside these cells.

3.7 Currently in the region of 75,000 tonnes of inert material per year is imported into the site for recycling and the operation has a capacity of up to 125,000 tonnes per year. It is envisaged that the areas remaining to be filled under permission TVSM00010 will be filled with the inert residue from the recycling operation. Waste arising from the recycling operation runs at a minimum of 20 percent of the throughput of waste materials. The recycling operation is likely to generate approximately 15,000 tonnes of waste material a year for landfill but could generate up to 25,000 tonnes a year if run at maximum capacity. This would allow for the progressive infilling of Areas 3 and 4 to levels required for restoration until the end of 2008. Remaining permitted void space capacity in these areas is approximately 115,000 cubic metres.

3.8 Currently all materials being landfilled at the site are inert materials arising from construction and demolition projects in the locality and from the mineral processing activities on-site: from mineral waste produced at the site and the residue from the recycling operations taking place at the site. Up to 60,000 tonnes of mineral per year is imported into the site, including some 19,000 tonnes from Embley Wood. The catchment area for the as-dug mineral or secondary aggregates is up to a 25 mile radius.

3.9 Current average lorry movements per day are 92 movements (46 in and 46 out), comprising concrete batching plant (22 loads); mineral (10 loads); waste recycling (14 loads). The applicant states there is the capacity for the management of additional waste materials which would see the average lorry movements increase to a maximum average of 55 in and out per day.

3.10 The applicant is reluctant to fill the remaining void with unrecycled wastes which it considers is contrary to the waste hierarchy and Best Practical Environmental Option (BPEO).

4. Development Plan

4.1 The policies most relevant to this proposal are:

(i) Hampshire County Structure Plan Review 1996-2011 (Adopted March 2000) Policies MW1 (waste hierarchy) and MW2 (need for the development and any adverse environmental impact caused by development); and

(ii) Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (HPSMWLP) (Adopted December 1998) Policies 6, 7, 8 (general considerations), 10 (Conditions/legal agreements), 14 (restoration/aftercare), 25 (secondary aggregates), 37 (landfilling) and 46 (waste recycling facilities).

5. Consultations

5.1 Romsey Town Council and The Ramblers' Association - comments awaited.

5.2 Test Valley Borough Council raises no objection to the application.

5.3 Romsey Extra Parish Council objects to the application, which it states, "makes a complete mockery of the planning system". It adds that the site has been subject to an "insidious series of variations of type of work, sources of material and extension of time mean that the current use of the site bears little relation to the original permission". It requests that the application be refused.

5.4 Local Member Councillor Mrs Barron, and Councillor Woodhall as adjacent local Member, have been informed of the proposal.

5.5 The Highways Adviser has concerns that the proposal may generate additional vehicle movements and has sought confirmation form the applicant that the current amount of traffic will remain unchanged under this application.

5.6 Wellow Parish Council objects to the application and considers that no extension of time or variations of Conditions should be permitted.

5.7 The Environment Agency has no objections to the variation of Conditions 1 and 2 but states that the issue of Condition 4 has implications for the current site waste management licence and is in discussion with the applicants regarding this matter. It adds that the type

of material that can be imported is a Waste Management Licensing issue and until the discussions with the applicant are complete, the Environment Agency is unable to comment upon the proposal.

5.8 The Department for Food and Rural Affairs raises no objection to the proposal.

5.9 The Environmental Health Officer raises no objection to the proposal in principle. It is recommended that all the other conditions controlling working hours, noise and dust forming part of the ROMP application remain in force on this application. It is recommended that speed restrictions on site of 15 miles per hour or less should be imposed and maintained if not already in place. Conditions to be imposed requiring lorries to be sheeted and a survey to establish the volume of dust produced should be undertaken.

6. Representations

6.1 Sixty-nine letters of representation to the application have been received. Of these 59 are standard letters from local businesses that raise support for the application on the basis that they use recycled aggregate for building works and/or take their inert waste to the site. One letter raises no objection in principle but considers the request for five more years is not necessary and that 12 months is more appropriate. Another raises concerns about the intention behind the relaxation of Condition 4. The remaining letters, which are predominantly from occupiers of Gardeners Lane, but also include Ridge Cottage on Ridge Lane, raise clear objection on the following grounds:

(i) departure from the Development Plan as no overriding need;

(ii) application so inadequate that evaluation of main issues, particularly amount of mineral void remaining, is not possible;

(iii) the applicant is importing thousands of tonnes of material into the site and stockpiling this from outside sources prohibited by the current permission when efforts should be concentrated on completion of internal extraction at Ridge;

(iv) the applicants supporting statement in previous application to continue importation from Testwood, stated that most of the gravel had now been dug at Ridge;

(v) the variation to Condition 2 would mean an operation that is ancillary could become independent and could result in a material change of use to primary functions. Such a use requires a separate application with public participation and full Best Practical Environmental Option (BPEO) assessment;

(vi) no need has been demonstrated for the intensified use of the recycling;

(vii) the current wording of Condition 4 is essential to enable the development including the manufacture of concrete to comply with policies 25, 35 and 46 of the HPSMWLP. Subsidiary operations must be temporary and connected to the main operations;

(viii) not a suitable location for recycling and ready-mix concrete and production of secondary aggregates;

(ix) the variation to allow importation from Testwood should not be regarded as a precedent but an exception granted based on special circumstances, which were demonstrated;

(x) applicants attempting to change the operations on the site into something never envisaged by the Development Plan;

(xi) paragraph 7.13 of the HPSMWLP states that the authorities will, have regard to the length of time that local communities have had to endure mineral extraction or waste disposal operations where permissions are subject to a specified end date;

(xii) impact on amenity and character of the area for over 20 years;

(xiii) more toxic substances could enter the site;

(xiv) dust and mud on houses and road from heavy goods vehicles;

(xv) a five-year extension could allow the applicant to make a more permanent application for recycling in the future. A separate application for recycling should be submitted with an environmental impact assessment and considered on its merits;

(xvi) mineral extraction stopped some time ago;

(xvii) recycling operations and mineral processing have increased with additional noise, dust and reversing bleepers;

(xviii) Viridor will be in breach of planning control on 1 January 2004 and so the County Council should consider the expediency of enforcement action; and

(xix) no environmental statement has been submitted. Condition 4 is proposed to be removed or relaxed enabling the importation of materials without restriction on source, type or quantity or quality. The environmental impact is quite "literally immeasurable".

7. Chief Planning Adviser's Comments

7.1 See comments for Application `B'.

APPLICATION (B)

2. Site

2.1 The site, Area 4, as shown on the attached plan, lies in the northeast corner of Ridge Quarry comprising approximately 25% of the quarry area. To the west of the site is a public footpath, to the north agricultural land, to the east woodland known as Yewtree Copse and to the south Area 3, a waste disposal area subject of the sister application, Application `A' (variation of ROMP conditions). The nearest residential properties to the site are located at Ridge Farm, beyond which to the south, and backing onto set aside/restored land is Ridge Cottage.

2.2 Permission was originally granted in 1990 to infill Area 4 over a period of four years. Since then three further extensions of time have been granted. The justification for the last extension of time was that since the site was first granted planning permission, legislative changes (exemptions to waste management licensing in 1994) and the landfill tax (1996) have significantly reduced the amount of waste sent for disposal at landfill sites. It is now 14 years since permission was granted to infill Area 4.

3. Proposal

3.1 Planning permission is sought to extend the time for tipping on the Area 4 inert waste landfill zone at Ridge Lane Quarry, Romsey until 31 December 2008. The applicant states that whilst the southern sections of Area 4 have been restored, the middle and northern sections still require a significant amount of restoration. The company states that Area 4 is currently being infilled and restored by utilising the silt produced by the mineral wash plant and by reject material from the secondary aggregate recycling process.

3.2 The applicant states that the only other area being infilled at Ridge Quarry is Area 3 subject of Application `A'. Although there is remaining capacity within Area 3 to accept waste generated by the recycling process, the capacity is limited and if the recycling were to run at full capacity Area 3 could be full within two years.

3.3 The applicant states that Area 4 will provide back up capacity for the waste generated by the recycling operation whilst also providing capacity for the waste generated by the mineral processing activities on site and any material arising from construction and demolition projects in the area.

3.4 The applicant considers that it is hard to predict the remaining life of Area 4, which is dependent on the rate of recycling, the quality of the material being processed and the amount of suitable waste being generated in the locality. If the application is unsuccessful, unless material is imported into the site it will not be possible to restore the site in accordance with the

approved restoration scheme. The applicant states this would not only lead to the loss of approximately 83,000 cubic metres of inert void space but would also be to the detriment of the landscape character of the area.

3.5 To fully restore the site in the shortest time possible the applicant believes that waste would need to be imported from a very large catchment area which would be contrary to the proximity principle. The applicant also considers that in doing so it would be diverting waste away from recycling and reuse operations and therefore contrary to the waste hierarchy.

3.6 The applicant considers that the proposal represents the BPEO for the management of this waste stream.

4. Development Plan

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

4.2 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (Adopted December 1998) Policies 6, 7, 8, 9, 10, 14 and 37.

5. Consultations

5.1 The comments of Romsey Extra Parish Council, Romsey Town Council, Test Valley Borough Council, Rights of Way Manager, and the Ramblers' Association are awaited.

5.2 Wellow Parish Council objects to the application on the basis that enough time has been allowed for tipping.

5.3 The Environment Agency Southern raises no objection to the extension of time but highlights that tipping has to take place in accordance with the company's waste management licence.

5.4 Development Control Highways has requested clarification on number of lorry movements.

5.5 The responses of the local Member, Councillor Mrs Barron, and Councillor Woodhall, as adjacent local Member, are awaited.

5.6 British Aircraft Association Airfield Safeguarding raises no objections to the proposal.

5.7 Environmental Health considers that the proposed time period of five years is excessive and that a three year extension would be more appropriate taking into account the objection on grounds of noise and other amenity concerns from the occupiers of Ridge Cottage. It is advised that previous conditions that exist on the original permission subject of variation should remain valid with additional conditions added to any consent granted governing details of reversing bleepers and changing the start time on Saturdays to 0800 hours.

6. Representations

6.1 Fifty-nine standard letters of support to the application have been received from people and businesses which state that they have been using the site for disposal of recyclable waste and/or have purchased recycled aggregates for construction work. The letter states that the site is ideally placed with good access off the A31 and the adjoining A36 and M27 motorway.

6.2 One letter of objection to the application has been received from the occupiers of Ridge Cottage, objecting strongly on the following grounds:

(i) having lived at Ridge Cottage for 26 years, for the past 18 years have suffered the intrusion of gravel extraction and landfill operations on the site. At the time of the original application in 1984 " strenuous objections" to the proposals were made and ignored but some comfort was drawn in that a time limit was imposed. If this application is granted it completely negates the spirit of the original permission. The matter should be considered as a completely fresh application;

(ii) from local observation it appears the applicant made a decision to stop extraction on the site some time ago and therefore there is no good reason to grant an extension of time;

(iii) noticed there has recently been considerable increase in activity at the operations area as there is continual and intrusive noise from the crushing and handling plant. The warning bleepers of revering vehicles are intrusive; and

(iv) strongly object to any relaxation restricting type of material that can be imported, as it would be likely to make operations more intensive and noise nuisance more intrusive.

7. Chief Planning Adviser's Comments

7.1 Although two separate applications have been submitted they should be examined in their totality. Under the present policy context once the mineral is exhausted from a site all the ancillary activities - landfill, gravel processing, recycling and manufacture - should terminate before the land is restored. In some circumstances some activities are allowed to continue, but only after a proper examination of their merits and impacts in acknowledgement that the original justification for their existence has changed. The current applications have not been presented in this manner but justified on the basis of a continuing need to exploit a mineral reserve.

7.2 It is evident from the available information there is only very limited gravel reserve in Area 3 and this should easily be extracted by the end of 2004. Thereafter, allowing six months for restoration by landfill and replacement of soils of the remaining void, all activities, including clearance of plant,

haul roads, etc should cease by 30 June 2005 and the aftercare period commence. Any extension beyond this is not currently justified. It is recommended that the proposed time extension is limited accordingly.

7.3 The applicant has put forward the case that the importation of mineral for processing at the Ridge plant site should be allowed. There is a very limited reserve at the nearby Embley Field, which could be worked out by the end of April. In all reasonableness this should be allowed to continue being processed at Ridge. However, there is no justification put forward under the present policy framework to allow further importation of mineral. It is recommended that importation of mineral be limited accordingly.

7.4 Then there is the issue of recycling. Under the present planning conditions for the Permission No. TVSM0010 recycling is only permitted at Area 3 at Ridge as part of its outstanding landfill restoration and should terminate with its completion. However the applicant is proposing that this should be allowed to continue - for five years - with a similar extension of the life of the landfill on the former restored gravel pit, Area 4 to take the post recycling residues.

7.5 There may be some merits in these proposals, but it is a fundamental land use change. The use of land at Ridge for the last two decades has been for gravel extraction with ancillary functions established through a mineral planning process. What is now being proposed is a resource recovery operation with ancillary landfill. It is inappropriate for such a radical change to occur through the variation of conditions applications on lapsed planning permissions. Major land use changes should be evaluated through a `full' application with comprehensive supporting information. It is recommended, therefore, that the recycling should terminate by 31 March 2005, three months prior to completion of restoration on Area 3 by the end of June 2005.

7.6 Without the justification for servicing a freestanding recycling operation, there is no justification for continuing the life of the Area 4 landfill for a further five years. Evidence from other inert tipping sites indicates that the void here could be completed within a year. Accordingly it is recommended the restoration of Area 4 - possibly at modified levels - should be completed by the same date as Area 3.

7.7 Finally it needs to be stressed that these recommendations are based upon the evidence presented by the current applications and taking into account the present policy context. The recommendations should not be seen as prejudicing any forthcoming application on the site.

APPLICATION (A)

Recommendation

That planning permission for Variation of Conditions, 1, 2 and 4 of Planning Permission TVSM00010 at Ridge Quarry, Ridge Lane, Ridge near Romsey (TVSM00010/1) be granted, subject to the following conditions and reason for approval.

Reason for Approval

It is considered that the proposal would be in accordance with the Development Plan as summarised in the attached appendix, 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 for a limited period.

Conditions

Time Limit

(1) Mineral extraction at the site shall cease no later than 31 December 2004 and all associated buildings, concrete and other plant, including the recycling plant, structures and hard standings removed within three months of cessation of mineral working and the land restored to original levels for agricultural use by 30 June 2005, in accordance with planning permission TVSM00010 (excluding the recycling plant which is covered by Condition 2 below).

Reason: To minimise the duration of disturbance from the development.

(2) The use of land permitted for the sorting, recycling and recovery of waste at the site shall be discontinued permanently by 31 March 2005 or prior to the completion of landfill operations at the application site (whichever is the sooner) and all plant, haul roads, sorting bays and hard surfacing removed within a further period of three months and the land restored to agriculture in accordance with the scheme approved under Condition 3 of Planning Permission TVSM00010 within six months following removal of the plant.

Reason: In the interests of local amenity and to ensure the site is satisfactorily restored.

Restriction on Imports

(3) No aggregates (or aggregate substitute materials) shall be imported to the site other than those originating from Embley Wood Quarry or limestone, granite and pulverised fuel ash or such other materials as may be agreed in writing by the Mineral Planning Authority required in connection with the manufacture of ready-mix concrete. Aggregate from Embley Quarry shall not be permitted to be imported beyond 30 April 2004 and materials imported as outlined above for use in manufactured ready-mix concrete, shall not continue to be imported once mineral extraction on the site has ceased.

Reason: In the interests of the amenities of the area.

(4) Details of types of reversing alarms being used on-site are to be approved by the Mineral Planning Authority within three months of the date of this certificate.

Reason: In the interests of the amenities of the area.

Advice Note

All other conditions relating to Mineral Review Permission TVSM00010 remain valid.

APPLICATION (B)

Recommendation

That planning permission in respect of Variation of Condition 1 of Planning Permission TVS04326/12 (extension of time period) at Ridge Farm Mineral Site, Ridge Lane, Romsey (TVS04326/13) be granted, subject to the following conditions and reason for approval.

Reason for Approval

It is considered that the proposal would be in accordance with the Development Plan as summarised in the attached appendix, 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 for a limited period.

Conditions

Time Limit

(1) The development to which this permission relates shall be for a limited period expiring on 30 June 2005 on or before which date the use of the land for tipping shall be discontinued permanently and the site shall be restored in accordance with a scheme agreed under Condition 8 of planning permission TVS04326/12, unless otherwise agreed in writing by the Waste Planning Authority.

Reason: To comply with Section 91 of the Town and Country Planning Act 1990.

Hours of Working

(2) Except with the prior agreement of the Waste Planning Authority in writing, no operations authorised or required by this permission shall be carried out and plant shall not be operated other than between 0730 and 1800 hours Monday to Friday and 0800 hours and 1300 hours on Saturdays.

Reason: In the interests of local amenities.

Other

(3) Within two months of the date of this permission all vehicles accessing the site in the control of the applicant shall be fitted with an amenity sensitive reversing alarm (low level) to the satisfaction of the Waste Planning Authority unless otherwise agreed with the Waste Planning Authority in writing.

Reason: In the interests of local amenities.

Advice Note

All conditions apart from Conditions 1 and 5 (hours of working) varied by way of this permission remain valid.

The legal agreement attached to Planning Permission TVS04326/12 regarding lorry routing, gas and water monitoring, making good damage to local highways and after-care of the site is carried through and now forms part of this renewed permission.

8466/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.

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 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.

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.

Policy 14

The Mineral and Waste Planning Authorities will grant planning permission for minerals or waste development provided they are satisfied that:

(i) adequate provision has been made for the satisfactory restoration and after-care of the site to the highest practicable standard so as to be suitable for the agreed beneficial after-use when the operation or use of the site has ceased or the facility has reached the end of its life, which after-use should normally be agriculture, woodland, heath land or other nature conservation or amenity use; and

(ii) in the case of mineral working and waste disposal by land filling or land raising, the land will be progressively restored within the shortest practicable timescale such that the rate of restoration is as far as practicable

commensurate with the rate of extraction and/or disposal and the land will be subject to appropriate after-care to ensure that it is restored to a condition satisfactory for the agreed after-use of the site; and

(iii) the restoration and after-care provisions can be ensured by means of conditions attached to the planning permission or through a planning obligation or other appropriate legal agreement.

Examples of subjects of planning obligations and agreements are cited in Appendix 5.

Policy 25

The Mineral Planning Authorities will grant planning permission for the use of land and the erection of plant and buildings for the production or supply of secondary or substitute aggregate materials (including aggregates produced from waste materials ) provided they are satisfied that:

(i) the location is suitable for the development proposed; and

(ii) the development would not be likely to cause unacceptable environmental, traffic or other impact.

In assessing the suitability of proposed sites for the production or supply of secondary or substitute aggregate materials the Mineral Planning Authority will have particular regard to the criteria for the location of waste recycling facilities in Policy 46.

The current extent of use of secondary or substitute aggregate materials is not fully known and it is not yet possible accurately to forecast future availability of and demand for these materials. Much will depend upon what, if any, measures the Government takes to encourage and promote their use. The April 1994 version of MPG6 sets targets for the use of secondary and recycled material in England of 40 million tonnes a year by 2001 and 55 million tonnes a year by 2006. It envisages a total of 140 million tonnes of secondary and recycled material being used in the South East region over the period 1992-2006, being about 26 per cent of the total for England. Assuming that about 8 per cent of the aggregates consumed in the South East Region are used in Hampshire, the equivalent target figures for the use of secondary and recycled material in Hampshire are about 0.8 million tonnes a year by 2001 and about 1.1 million tonnes a year by 2006. The Councils believe that there is, in particular, potential for a significant increase in the production and use of aggregates from construction and demolition waste in Hampshire. Therefore, the establishment of waste crushing and recycling plants for the production of aggregate materials will be supported at suitable locations.

Policy 37

The Waste Planning Authorities will grant planning permission for waste disposal by land filling provided they are satisfied that:

(i) the waste to be disposed of cannot practicably and reasonably be reduced, re-used, recycled or processed at a resource recovery plant and there is a proven need for the disposal of the waste by land filling which

cannot reasonably be met by other suitable existing or permitted waste disposal facilities within a reasonable distance of the source of the waste by the preferred areas in Policy 38; and

(ii) the proposed land filling would normally take place within a mineral working site that:

(a) is an active extraction site; or

(b) has been unsatisfactorily restored and land filling would enable satisfactory restoration to be achieved; or

(c) has been restored below original levels and there would be an environmental benefit from the raising of levels by infilling; and

(iii) the proposed site is located near to and has adequate access to the Hampshire Lorry Route Network (as shown on the proposals map), so that the development would not be likely to cause unacceptable traffic impact (including the environmental impact of traffic) on the local highway network; and

(iv) the proposed site is located and the proposal includes adequate measures to ensure that no unacceptable impact would be likely to be caused to the occupants or users of houses, other residential buildings, schools, hospitals and other environmentally sensitive buildings and land uses by reason of noise, dust, fumes, smell or other cause; and

(v) the proposed site is located so as to avoid unacceptable impact on landscape, nature conservation and archaeological interests; and

(vi) the proposed site is located and the proposal includes adequate measures to ensure that there would be no significant risk of pollution or danger to public health or safety.

Policy 46

The Waste Planning Authorities will normally permit the use of land and the erection of plant and buildings for the recycling, transfer, storage and other treatment or handling of waste (excluding waste processing facilities covered by Policy 45) provided that:

(i) the proposed site is located near to the likely source(s) of waste and/or the market(s) for the recycled or recovered materials; and

(ii) the proposed site is located close to and has adequate access to the Hampshire Lorry Route Network (as shown on the proposals map), so that the development would not be likely to cause unacceptable traffic impact (including the environmental impact of traffic) on the local highway network; and

(iii) the proposed site is located:

(a) within an existing industrial site or on land which is permitted or allocated for industrial development; or

(b) within an area of land in the countryside that has already been disturbed by permanent development (a brownfield site); or

(c) at a waste disposal landfill or land raising site provided that the proposed development is connected with the waste disposal operation and is for a temporary period commensurate with the operational life of the waste disposal facility; and

(iv) the proposed site is located and the proposal includes adequate measures to ensure that no unacceptable impact would be likely to be caused to the occupants or users of houses, other residential buildings, schools, hospitals and other environmentally sensitive buildings and land uses by reason of noise, dust, fumes, smell or other cause; and

(v) the proposed site is located so as to avoid unacceptable impact on landscape, nature conservation and archaeological interests; and

(vi) the proposed site is located and the proposal includes adequate measures to ensure that there would be no significant risk of pollution or danger to public health or safety; and

(vii) the proposed site is located and, if necessary, the proposal includes landscaping measures to ensure that the development would not cause unacceptable visual intrusion.