Archived decisions

Hampshire County Council

Regulatory Committee

24 November 2004

Applicant: Hanson Quarry Products Europe Ltd

Sand & gravel extraction from land east of Mortimer Quarry with lower level restoration to commercial and forestry & heathland at Mortimer Quarry, Welshmans Road, Mortimer, West End

(Application No. BDB/58692 ) (County Council Ref. BA060)

Report of the Chief Planning Adviser to the Regulatory Committee

Item 13

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

1. Summary

1.1 A planning application and Environmental Statement have been submitted for an extension to Mortimer Quarry. The site is Preferred Area 1 in the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan. The site would produce 830,000 tonnes of sand and gravel. Restoration would be at low level to heathland and woodland. The recommendation is that, subject to a legal agreement concerning highway contribution, planning permission be granted.

2. Site and Proposal

2.1 The application site, as shown on the attached plan, totals an area of 54.25 hectares, the area for gravel extraction would be about 40 hectares. The site is Preferred Area 1 in the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan.

2.2 Mortimer Quarry started production in 1998, and has produced over 900,000 tonnes of sand and gravel. The quarry is likely to run out of material in Spring 2005. The proposal is to extract 830,000 tonnes of sand and gravel in four phases. Production would be at a rate of about 150,000 tonnes per year, in line with past production levels. Therefore, the duration of working would be five and a half years. The mineral would be worked by excavator and dump truck and transported to the existing processing plant. However, the crossing of Ramptons Lane would be by underground conveyor. The application includes the retention of the processing plant site, silt lagoons and access onto Welshmans Road.

2.3 The central wooded valley feature would be retained. The proposals are for restoration to heathland and commercial forestry. However, the restoration proposals have been amended to increase the proportion of heathland, and to provide links between the heathland areas. Assessments have been carried out for protected species, and subsequently a Dormouse Survey carried out and mitigation measures proposed.

2.4 The site is within a Site of Importance Nature Conservation, the nearest Site of Special Scientific Interest (SSSI) is at Pamber Forest and Silchester Common SSSI which is about 5 kilometres to the South West.

2.5 The nearest houses are to the south and east and there would be a 75 metre wide stand-off between the extraction and Chapel Road, the houses being on the other side of Chapel Road.

2.6 The Environmental Statement provides an outline of development proposals and alternatives, the scoping of activities and potential environmental effects, and assessment of noise and dust, landscape and visual impact, hydrology, ecology and archaeology. The Environmental Statement meets the requirements of the Environmental Impact Assessment Regulations.

3. Development Plan

3.1 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (Adopted December 1998) Policy 19 the site is Preferred Area 1.

4. Consultations

4.1 Basingstoke and Deane Borough Council raises no objection.

4.2 Environmental Health, Basingstoke and Deane Borough Council raises no objection subject to conditions to control noise and dust.

4.3 The Highways Adviser raises no objection subject to no increase in traffic movements, and the developer entering into an apprpriate legal agreement not to use the accesses other than to cross Ramptons Lane and conditions.

4.4 English Nature acknowledges the increase in heathland restoration and linkages between heathland areas. Low land heathland is a priority Biodiversity Action Plan (BAP) habitat and should be maximised. Concern at long term management in the light of surrounding commercial forestry. English Nature is satisfied with the Dormouse survey and has no objection to proposed habitat creation and enhancement, subject to the granting of a DEFRA licence. Also comment on the need for conditions to address other nature conservation issues.

4.5 The Environment Agency raises no objection subject to the provision of additional information concerning the protection of nature conservation interest.

4.6 Mortimer West End Parish Council raises no objection subject to Hanson;

      (i) Accepting full resposibility for any damage caused to foundations or structures of nearby properties as a result of the extraction;

      (ii) that regular hydrological surveys are undetaken to ascertain the effect of the workings; and

      (iii) that Hanson install temporary traffic lights in Ramptons Lane operated by vehicles leaving the site and crossing Ramptons Lane.

4.7 Statfield Mortimer Parish Council raises no objection subject to there being no adverse impact for "woodlands cottage" a much valued amenity for youth organisations.

4.8 Newbury Town Council - no comments received.

4.9 West Berkshire District Council - only limited consideration on impacts for West Barkshire which raise concern. Hanson provided further information on these issues which was forwarded to West Berkshire District Council.

4.10 The local Member, Councillor Chapman has been informed of the proposals.

5. Representations

5.1 Letters of objection have been received from two local residents on the grounds of proximity to houses, noise and air pollution, concern at subsidence due to lowering water table, lowering value of house, impact on wildlife and lorry traffic on Reading Road.

6. Chief Planning Advisers Comments

6.1 The site is a Preferred Area in the Hampshire Minerals and Waste Local Plan, therefore the principle of working the site is accepted. The main issues are whether the proposals comply with the requirements of the criteria for working for Preferred Area 1.

6.2 The planning application and Environmental Statement address the issues raised under the criteria for working. In particular the retention of substantial screening margins, assessment of impacts for local residents (noise, dust etc), use of the existing road access, routeing, the use of an underground conveyor for crossing Ramptons Lane, ecological evaluation and mitigation, provision for archaeological investigation, hydrology and restoration which provides for additional areas of heathland as well as commercial forestry.

6.3 Specific concern has been raised by Mortimer West End Parish Council and local residents concerning potential for draw down of the water table, which could adversely affect the foundations of the nearest house. Further information was provided by the applicant which concluded that the impact of de-watering is only likely to extend 45 metres from the edge of the excavation, and it is proposed to leave a 75 metre stand-off from Chapel road. Consequently, the houses would be outside the cone of depression. Comment is also made that there are seasonal variations in the water table, which would already affect the properties. It is not considered therefore, that the working would have an adverse impact.

6.4 The ecological assessments have identified that dormice, a protected species are present on the site. A specific report was subsequently submitted which identified the need for a licence from the Department for Environment, Food and Rural Affairs for the disturbance, amendments to the working to avoid habitat clearance in spring and summer, to managing the woodland remaining to enhance it as a habitat for dormice and to amend the working and restoration to ensure that the dormice population is not fragmented and isolated. The proposals need to be amended to address these issues, in particular, by narrowing of the haul road, and the retention of woodland alongside the stream.

6.5 In conclusion, it is considered that the Environmental Statement meets the requirements of the Regulations, that the proposals address the issue of protected species, and that the proposals comply with the Criteria for Working for Preferred Area 1. It is recommended, therefore, that planning permission be granted.

Recommendation

That subject to a legal agreement concerning highway contribution and routing, planning permission in respect of sand & gravel extraction from land east of Mortimer Quarry with lower level restoration to commercial and forestry & heathland at Mortimer Quarry, Welshmans Road, Mortimer, West End (BDB/58692) be granted for the following reason subject to the following conditions:

Reason for Approval

It is considered that the proposal would be in accordance with the Development Plan (summary attached) and would not materially harm the character of the area or the amenity of local residents.

Conditions

    Commencement

1. The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

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

    Timescale

2. The extraction of sand and gravel shall cease and the site be restored in accordance with the requirements of condition 16 by 30 November 2010, unless otherwise agreed in writing by the Mineral Planning Authority.

    Reason: To secure the satisfactory restoration of the site.

    Restriction of Permitted Development Rights

3. Notwithstanding the provisions of Parts 4, 8 and 25 Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that order):

    (i) fixed plant or machinery, buildings, structures and erections or private ways shall not be erected, extended, installed or replaced at the site without the prior agreement of the Waste Planning Authority in writing;

    (ii) no telecommunications antenna shall be installed or erected without the prior agreement of the Waste Planning Authority in writing.

    Reason: to protect the amenities of the area.

    Restriction on imports

4. No materials from sources outside the site shall be imported for backfilling, storage, distribution, processing or for use in the plant unless previously agreed in writing by the Mineral Plannnig Authority.

    Reason: To minimise lorry traffic generation and duration of dusturbance from the operations at the site.

    Highways

5. Sight lines of at least 4.5 metres by 210 metres shall be maintained fro the duration of the development.

    Reason: In the interest of highway safety.

6. The first 30 metres of the haul road measured from the highway shall be surfaced with concrete or tarmacadam and the approved wheel cleaning facilities shall be implemented for the duration of the sites operation. No lorry shall leave the site unless its wheels have been cleaned sufficiently to prevent mud being carried onto the highway.

    Reason: In the interest of highway safety.

    Landscape

7. The trees and hedges on site which are to be retained shall be protected by fencing during site preparation, extraction and restoration.

    Reason: In the interest of visual amenity.

8. Any retained trees or shrubs which die, are removed or become seriously damaged shall be replaced in the next planting season with others of similar size and species.

    Reason: In the interest of visual amenity.

    Hours of Working

9. Unless otherwise agreed in writing by the Mineral Planning Authority no operation authorised by this permission shall be carried out and no plant or machinery shall be operated except between the following hours: 0700-1900 Monday to Friday;

    0800-1300 on Saturdays.

    There shall be no working on Sundays or recognised public holidays.

    Reason: In the interests of local amenity.

    Noise and Dust

10. Noise from operations on the site, including extraction, restoration, processing and haulage, but excluding soil stripping and perimeter bund construction, shall not exceed 55dBLaeq (one hour)(freefield) at any noise sensitive premises. Noise from soil stripping and perimeter bund construction shall not exceed 60dBLaeq (one hour)(freefield) at any noise sensitive premises.

    Reason: To minimise noise disturbance for local residents.

11. Dust suppression measures shall be taken at the site. These measures shall include use of vertically directed exhausts, 3 metre high internal perimeter bunds, water bowser available to dampen down the haul roads, speed limit within extension area and use of a 360 excavator to load dump trucks.

    Reason: In the interest of local amenity.

    Nature Conservation

12. No clearance of trees and areas of scrub shall be carried out in the bird breeding season (March to August inclusive).

    Reason: To protect breeding birds.

13. Prior to development commencing a reptile exclusion fence shall be installed around the operational areas of the site, and reptiles translocated in accordance with the HGBI guidelines for reptile translocation achemes (1998).

    Reason: To protect reptiles.

    Protection of Water Environment

14. No solid matter shall be deposited so that it passes or is likely to pass into any watercourse.

    Reason: To prevent pollution of the water environment.

15. Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The bund capacity shall give 110% of the total volume for single and hydraulically linked tanks. If there is multiple tankage, the bund capacity shall be 110% of the largest tank or 25% of the total capacity of all tanks, whichever is the greatest. All filling points, vents, gauges and sight glasses and overflow pipes shall be located within the bund. There shall be no outlet connecting the bund to any drain, sewer or watercourse or discharging onto the ground. Associated pipework shall be located above ground where possible and protected from accidental damage.

    Reason: To prevent pollution of the water environment.

    Restoration

16. The site shall be restored in heathland and commercial forestry as shown on drawing B156/TAL/2 as amended, unless otherwise agreed in writing by the Minerals Planning Authority.

    Reason: To ensure satisfactory restoration.

17. All topsoil and overburden stripped from the areas to be excavated shall be removed and stored separately before operations commence for use in site restoration. Topsoil shall only be handled when dry and friable. Following tipping and during restoration, overburden shall be replaced and graded in accordance with the final levels hereby approved, and ripped using a winged tine subsoiler. The overburden shall in turn be covered with the topsoil in original sequence and to even depths.

    Reason: To ensure the satisfactory restoration of the land to agriculture.

18. No later than 12 months from the cessation of all extraction or such other date as the Mineral Planning Authority may agree in writing that they are no longer required, whichever is the sooner, all plant and machinery, buildings, foundations, hardstandings and access roads no longer required for future use of the site shall be removed.

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

    After-Care

19. Within 2 years of the date of this consent an after-care scheme specifying the steps necessary to achieve the required standard for nature conservation and forestry shall be submitted to the Mineral Planning Authority for approval in writing. The scheme shall include provision for an annual site meeting to discuss the detailed steps necessary on the restored land. After-care of the site shall take place for a period of five years in accordance with the approved scheme, beginning when restoration is completed in accordance with condition (16) above.

    Reason: To ensure the satisfactory restoration of the site.

Note to Applicant

The works will require a licence from DEFRA regarding managing dormice.

Section 100 D - Local Government Act 1972 - background papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

NB the list excludes:

1.

Published works.

2.

Documents which disclose exempt or confidential information as defined in the Act.

TITLE: Hanson Quarry Products Europe Ltd

LOCATION

Sand & gravel extraction from land east of Mortimer Quarry with lower level restoration to commercial and forestry & heathland

(Application No. BDB/58692)

(County Council Ref. BA060)

9082/PC