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

1. Summary

1.1 The planning permission for sand and gravel extraction at Picees Land, Welsh Drive, Bramshill has not been implemented due to the need for a hydrological assessment to be agreed. The assessment has now been agreed but the planning permission expired at the end of last year. Planning permission is sought therefore, to renew the permission. The recommendation is to grant permission to renew the permission to 31 December 2005, subject to conditions.

2. Site and Proposal

2.1 The site, as shown on the attached plan, comprises an area of approximately 4 hectares and lies immediately north of the main extraction area granted under planning permission 00/00679/CMA. The site is within the Bramshill Site of Special Scientific Interest (SSSI) and Thames Basin Heaths proposed Special Protection Area. The site contains about 50,000 tonnes of sand and gravel, which is proposed to be worked in a single phase over a period of 6 months.

2.2 Planning permission was granted for mineral extraction at the site in September 2003. Condition 27 of the planning permission required a hydrological assessment to clarify potential impacts to valley mire habitats and appropriate mitigation measures. The applicant states that the complexities with the hydrological assessment have caused significant delays, so no operations have started on site. Condition 1 of the planning permission states that the mineral extraction should cease by 31 December 2004. Therefore the application is to request a further 12 months, to 31 December 2005, to carry out the extraction. No other changes to the operation and working of the site are requested.

3. Development Plan

3.1 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (Adopted December 1998) Policies 7, 9, 19 and 20.

4. Consultations

4.1 Hart District Council raises no objection.

4.2 The Environmental Health Officer, Hart District Council has been consulted.

4.3 Bramshill Parish Council has been consulted.

4.4 Eversley Parish Council raises objection on the following grounds:

(i) The reasons for the extraction originally put forward no longer exist;

(ii) The 1 year condition was placed on the application for a particular reason and should not be treated lightly; and

(iii) The continued disruption of the next door neighbours' lives is grossly unfair and damaging to their amenities.

4.5 Hartley Wintney Parish Council raises no objection.

4.6 The Environment Agency has been consulted.

4.7 English Nature raises an objection if restoration is to forestry, restoration should be to lowland heath. In relation to the impact on wetland habitats within the SSSI to the south west of the application site, they recommend that if planning permission is renewed conditions are attached to ensure that:

(i) All quarrying activity takes place above the `regional' water table;

(ii) Aggregate will be worked dry; and

(iii) If seepages are encountered, quarrying is to cease and any impacts reassessed.

4.8 The Royal Society for the Protection of Birds (RSPB) has been consulted.

4.9 The Highways Adviser raises no objection.

4.10 The Rights of Way Manager has been consulted.

4.11 Defence Estates Safeguarding Plans, TAG Aviation UK Ltd and Blackbushe Airport raise no objection.

4.12 The local Member County Councillor Glen fully endorses the sentiments expressed by Eversley Parish Council. RMC do not fully explain their reasons for a years delay as 12 months is more than enough time to sort out the hydrological issues. The 50,000 tonnes of sand and gravel available for extraction is a drop in the ocean. The principle reason for the original consent is no longer the case. To keep the occupants of the two houses near the site waiting for 12 months is unfair and callous. Recommend that RMC give up the site as it is not important to them.

5. Representations

5.1 British Car Auctions Limited raises objection on the grounds that the proposal is likely to cause a dust nuisance affecting its operation.

6. Chief Planning Advisers Comments

6.1 As the period for working the site has expired the proposals and their impacts have to be reassessed. The issues are whether there was a genuine reason for the delay in implementing the permission and whether in reassessing the proposal in the light of the current circumstances, there are any changes or new issues which would lead the County Council to come to a different decision than last time.

6.2 The planning conditions required the hydrological assessment to be undertaken and agreed before work could commence. Following discussions between the County Council, English Nature and the applicant, the details were not agreed until November 2004. Therefore as RMC was unable to start operations until this had been agreed, it is considered that there was a genuine reason for the delay.

6.3 The original application, submitted in April 2003 stated that this minor extension represented the final area of commercially workable deposit north of Welsh Drive and that it would provide a `cushion' to provide a continuity of supply whilst the new main extraction (under permission 00/00679/CMA) was implemented. The justification being that the new extraction area required significant engineering prior to work commencing. This situation has now changed, as the new workings are fully operational. Therefore whilst this does still represent the final area of working north of Welsh Drive, the original purpose to maintain continuity of supply has less justification.

6.4 The original proposals were for the site to be restored to commercial forestry. However, taking into account the comments of English Nature this Committee took the view that restoration should be to heathland. This would be unchanged by the current application and so there would still be a significant nature conservation benefit in securing further heathland on land which would otherwise be commercial forestry.

6.5 It is recognised that the delay will have prolonged the uncertainty for neighbouring residents, even though no operations have taken place on site.

6.6 In conclusion, there has been a change in circumstance as the main extraction site is now operational, therefore the original reason for working the site is less justified. However, there are no changes to the proposal other than the time for implementation, so there are still nature conservation benefits in providing additional heathland, and a benefit in providing a minor additional reserve of 50,000 tonnes of aggregate. It is considered that there was a valid reason for the delay and the change is not sufficient to warrant a different view being taken and therefore it is recommended that permission be granted.

Recommendation

That planning permission in respect of Renewal of planning permission 03/00503/CMA at Picees Land, Welsh Drive, Bramshill (04/02823/CMA) 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 and would be acceptable in terms of highway safety and convenience.

Conditions

Timescale

1. The extraction of sand and gravel shall cease and all plant and machinery shall be removed within 6 months of the completion of extraction by 31 December 2005, whichever is the sooner, unless otherwise agreed in writing by the Mineral Planning Authority.

Reason: To secure the satisfactory restoration of the site.

Restriction of Permitted Development Rights

2. 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.

Miscellaneous

3. All bunds around the extraction site shall be four metres in height along the northern boundary of the site and two metres along the remaining boundaries, planted to a specification agreed in writing by the Mineral Planning Authority and constructed in its entirely before mineral extraction commences at the extraction site.

Reason: In the interests of local amenity.

4. No working of minerals shall take place within 50 metres of Arletts Bungalow and within 10 metres of Footpath 10.

Reason: In the interests of local amenity.

5. No imported waste shall be deposited in the excavation or elsewhere on the site.

Reason: In the interests of local amenity.

Hours of Working

6. No operation shall take place on the site except between the hours of 0800 and 1800 Monday to Friday and between 0800 and 1300 hours on Saturday. No operation shall take place on Sunday or recognised public holidays unless otherwise approved by the Mineral Planning Authority.

Reason: In the interests of local amenity.

Highways

7. Access to the quarry shall be via the existing access point from the A327. The first 30 metres of the Welsh Drive access road from the A327 shall be metalled and maintained for the duration of development. The surfacing of the existing site access road shall be maintained in a good state of repair and kept clean and free of mud and other dirt and debris.

Reason: In the interests of highway safety.

8. Measures shall be taken to ensure that vehicles leaving the site do not deposit mud or other materials on the public highway.

Reason: In the interests of highway safety.

Noise and Dust

9. Regular sweeping shall take place of the metalled length of the access road into the site from the A327 and the use of a water bowser, sprayer or hose or other similar equipment in order to minimise dust.

Reason: In the interests of local amenity highway safety.

10. No loaded open backed lorries shall leave the site unless they are securely sheeted or otherwise covered.

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

11. Noise from the mineral extraction shall not exceed the maximum noise levels of 45 dB LAeq a the boundary of Arletts Bungalow.

Reason: In the interests of local amenity.

12. All vehicles, plant and equipment operated within the site shall be maintained in accordance with the manufacturers specification at all times and shall be fitted with and use effective silencers.

Reason: In the interest of local amenity.

13. Prior to development commencing a detailed scheme for noise monitoring and mitigation shall be submitted to the Mineral Planning Authority for approval in writing which specifies:

(i) noise monitoring and recording procedures;

(ii) noise suppression measures, in particular vehicle reversing bleepers: and

(iii) procedures to be adopted in the event of the maximum noise levels being exceeded.

The scheme shall be implemented as approved.

Reason: In the interests of local amenity.

Rights of Way

14. Prior to development commencing details of the protection of Footpath 10 shall be submitted to the Mineral Planning Authority for approval in writing. The details shall be implemented as approved. On completion of extraction any waymarking and boundary shall be reinstated.

Reason: In the interest of local amenity.

Water Protection

15. No watercourse shall be incorporated into the workings and there shall be no direct connection between the workings and any watercourse.

Reason: In order to prevent water pollution.

16. No solid matter, sand or gravel, oil or grease or other injurious matter shall be allowed to pass from the workings to any watercourse.

Reason: In order to prevent water pollution.

17. Any oil, fuel, lubricant or other potential pollutant on the site shall be handled in such a manner as to prevent pollution of any watercourse or aquifer. Fuel or oil storage tanks shall be housed in an area with an impervious base surrounded by oil and fuel tight bund walls of sufficient height and construction. The bunded volume shall be capable of containing 110% of the volume of the largest tank. All pipework, filling points, vents and sight glasses must be located within the bund.

Reason: In order to prevent water pollution.

18. Prior to development commencing details of drainage measures for the boundary of the site where it adjoins Arletts Bungalow shall be submitted to the Mineral Planning Authority for approval in writing. The details shall be implemented as approved.

Reason: To minimise the risk of flooding.

Landscaping

19. Prior to development commmencing the limit of extraction adjoinnig trees to be retained shall be clearly marked by a post an wire fence.

Reason: In order to pretect existing trees.

20. No material shall be stored or bunds formed within 5 metres of the trunk of any retained trees.

Reason: In order to secure the protection of trees.

Nature Conservation

21. Any tree felling shall take place outside of the bird breeding season (April - September).

Reason: To ensure protection of nesting birds.

22. All quarrying shall take place above the regional water table and the aggregate will be worked dry. If seepages are encountered quarrying shall cease and any impacts for valley mire habitats reassessed.

Reason: In order to ensure no adverse impact for the valley mire habitats.

Restoration

23. The site shall be restored to heathland. Prior to development commencing a detailed scheme for restoration to heathland shall be submitted to the Mineral Planning Authority for approval in writing. The details shall be implemented as approved.

Reason: To ensure satisfactory restoration.

24. On completion of sand and gravel extraction all plant, buildings machinery hardstandings and access roads shall be removed and the site restored in accordance with Condition 23 below.

Reason: To ensure satisfactory restoration.

Aftercare

25. Within 12 months an aftercare scheme to provide for a 5 year period of aftercare and requiring such steps as may be necessary to restore the land to the required standard for heathland shall be submitted to the Mineral Planning Authority for approval in writing. The scheme shall be implemented as approved and an aftercare meeting held annually.

Reason: To ensure satisfactory restoration.

9176/PDC