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

1. Summary

1.1 Planning permission is sought to vary Condition (1) of Planning Permission 04/02823/CMA to extend the time period for completion of operations at Picees Land, Welsh Drive, Bramshill by a further 12 months until 31 December 2006. The recommendation is to grant permission, subject to conditions.

2. Site and Proposal

2.1 The site, as shown on the attached location plan, comprises an area of approximately four hectares and lies immediately north of, and is an extension to, the main active quarry, granted under Planning Permission 00/00679/CMA. It is within the Bramshill Site of Special Scientific Interest (SSSI) and the Thames Basin Heaths proposed Special Protection Area (SPA). 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 six 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 be undertaken prior to the commencement of the development to clarify potential impacts to valley mire habitats and appropriate mitigation measures. The complexities with the hydrological assessment caused significant delays in fulfilling the condition and starting extraction.

2.3 By February 2005 the applicant still had not implemented the permission and applied to renew the permission for a further 10 months until 31 December 2005. This was granted by the County Council on 2 March 2005 (04/02823/CMA).

2.4 At that time the main permission had been implemented, and the original purpose of the extension, to maintain a continuity of supply prior to the operation of the main site, had less justification. However, Members considered that there was still a valid reason for the delay in implementing the application site and there were still nature conservation benefits to the proposal in providing additional heathland and in securing a minor additional reserve of 50,000 tonnes of aggregate.

2.5 The applicant, Cemex UK Materials Limited, states that it regrets the need for a further extension of time which has arisen, but organisational issues following its takeover of RMC, the previous applicant, have meant that it has not been in a position to implement the approved development or comply with the 31 December 2005 completion date.

3. Development Plan

3.1 Hampshire County Structure Plan Policy MW2 (need for mineral extraction balanced against environmental impact) applies.

3.2 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan- Policy Nos 6, 7 (general policies), 8 (minerals extraction within an SSSI), 19 (minerals extraction within preferred areas), and 20 (minerals extraction outside preferred areas) apply.

4. Consultations

4.1 Bramshill Parish Council states it has some difficulty accepting the applicant's reasons for yet another extension. It asks how many more excuses the County Council is prepared to accept.

4.2 Eversley Parish Council objects to the application for the following reasons:

(i) this was an emergency measure introduced three years ago and should not be allowed to continue;

(ii) the small amount of gravel to be extracted does not warrant the inconvenience and disruption that it will cause in general and to the next door neighbour in particular; and

(iii) the applicants were fully aware after the last extension was permitted that it was being granted under extraordinary circumstances.

4.3 In addition, the objection made by the Parish Council in January 2005 still stands, in that:

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

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

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

4.4 Hartley Wintney Parish Council raises no objection to the proposal.

4.5 Environmental Health Officer, Hart District Council raises no objection.

4.6 Hart District Council raises no objection.

4.7 Environment Agency has been informed.

4.8 English Nature raises no objection to the application, subject to the proposal being implemented in accordance with the submitted plans and descriptions.

4.9 Blackbushe Airport raises no objection.

4.10 The Highways Adviser raises no objection.

4.11 The Rights of Way Manager has been informed.

4.12 Airport Safeguarding raises no objection.

4.13 TAG Farnborough Airport raises no objection.

4.14 The local Member, Councillor Simpson, has been informed of the proposal.

5. Representations

5.1 British Car Auctions objects to the proposal because it is likely to cause a dust nuisance to its operation. It states that the tree screen which was between the site and their subsidiary's operation has been removed and they fear that with the prevailing wind direction the incidence of dust pollution will increase significantly.

6. Chief Planning Adviser's Comments

6.1 The main issue raised by this proposal is whether the justification given by the applicant for the need for a further year's extension is valid.

6.2 The objections raised by Eversley Parish Council and British Car Auctions are similar to those they made to the Regulatory Committee when it considered the renewal application in February 2005, and nothing has changed in this regard. There are still nature conservation benefits in providing additional heathland, and a benefit in providing a minor additional reserve of 50,000 tones of aggregate. Potential noise and dust nuisance can be mitigated by conditions.

6.3 When granting the extension of time in February 2005 an advice note was attached to the permission to the effect that further extensions of time would be unlikely to be granted. The issue for the Committee to determine is whether the management issues associated with the takeover of RMC by Cemex is justification enough for another extension of time. It should be noted that there have been planning delays elsewhere in the county arising from the same change in company management.

6.4 In conclusion, although the concerns of the objectors are understood, it would be unreasonable to withhold a further extension of time and, having considered all the matters raised by this application, it is recommended that the reason for the extension of time being the takeover by Cemex is an exceptional circumstance and that permission should be granted for a further extension of time until 31 December 2006.

Recommendation

That planning permission for extension of time for extraction at Picees Land, above Welsh Drive, Bramshill (Application No. 05/02219/CMA) (County Council Ref. HR093) be granted for the following reason, subject to 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 the site restored and all plant and/or machinery shall be removed within six months of commencement of extraction or by 31 December 2006, whichever is the sooner.

Reason: To protect the amenities of the owner of the neighbouring property and to secure the timely 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 Mineral Planning Authority in writing; and

(ii) no telecommunications antennae shall be installed or erected without the prior agreement of the Mineral 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 or 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 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 a water bowser, sprayer or hose or other similar equipment shall be used in order to minimise dust.

Reason: In the interests of local amenity and 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 at 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 manufacturer's specification at all times and shall be fitted with and use effective silencers.

Reason: In the interests 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, Bridleway 11 and their users shall be submitted to the Mineral Planning Authority for approval in writing. The details shall be implemented as approved. On completion of extraction any way marking and boundary shall be reinstated.

Reason: In the interests of local amenity.

Protection of the Water Environment

(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.

Landscape

(19) Prior to development commencing, the limit of extraction adjoining trees to be retained shall be clearly marked by a post and wire fence.

Reason: In order to protect existing trees.

(20) No material shall be stored or bunds formed within five 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 to September).

Reason: To ensure protection of nesting birds.

(22) All quarrying shall take place above the regional watertable and the aggregate shall be worked dry. If seepages are encountered, quarrying shall cease and any impacts for valley mire habitats be 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) above.

Reason: To ensure satisfactory restoration.

After-Care

(25) Within 12 months of completion of extraction and restoration a scheme to provide for a five year period of after-care, 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 after-care meeting held annually.

Reason: To ensure satisfactory restoration.

Note to Applicant

Any further extension of time is unlikely to be supported unless there are very exceptional circumstances.

723/JD

Annexe to Reasons for Conditions

(as required by Article 22 of the Town and Country Planning

(General Procedure) Order 1995 - as amended)

__________________________________________________________________

Hampshire County Structure Plan (Review) 2000

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) 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 19

The Mineral Planning Authority will grant planning permission for the extraction of sand and gravel from land within the following preferred areas, as shown on the proposals map inset maps:

Area 1 - North of Welshman's Road, Mortimer West End;

Area 2 - Bramshill Plateau, Hartley Wintney/Eversley;

Area 3 - Roke Manor, Shootash;

Area 4 - Gardeners Lane (The Triangle), Ridge;

Area 5 - Bleak Hill, Harbridge;

Area 6 - Plumley Wood and Farm, Ringwood Forest;

Area 7 - Blue Haze (North), Ringwood Forest;

provided that the development proposals meet the specific criteria for the preferred area as set out in the text accompanying the proposals map inset maps.

Policy 20

The Mineral Planning Authorities will not grant planning permission for the extraction of sand and gravel from land outside the preferred areas specified in Policy 19 unless they are satisfied that the proposal is in conformity with the other policies of the Plan and that:

either:

(i) (a) there is a need for additional permitted reserves of sand and gravel (as assessed against Policies 16-18) which cannot reasonably be met from within the preferred areas; and

(b) it can be demonstrated that working of such land would be equally acceptable to working within a preferred area;

or:

(ii) the proposed development involves a small scale extension to or deepening of an existing active sand and gravel extraction site.