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

1. Summary

1.1 Permission is sought to vary condition No. 11 of an existing planning permission (No. 067487) to extract additional sand and gravel beyond the permitted limit of extraction at Blue Haze Quarry.

1.2 An objection has been received to the application from a nearby resident raising amenity, environmental and traffic issues.

1.3 The recommendation is to grant permission subject to conditions.

2. Site and Proposal

2.1 The site is located within the north-east corner of that part of Blue Haze Quarry granted Permission under No.067487. The Blue Haze Quarry extends across approximately 7.0 hectares of land within the Ringwood Forest. The application site area is within the active quarry, but is presently dedicated to overburden storage, and lies outside the permitted limit of extraction. The application site is approximately 0.2 hectares of disturbed bare land.

2.2 The proposal is submitted by the applicant as a variation of the approved working scheme (Condition No. 11). The applicant (Tarmac) states that the site has never been used as overburden storage. The current reserve of the quarry is 6600 m³ of sand and 8700m³ of gravel. The proposal would be expected to provide an additional 2300m³ of sand and 5600m³ of gravel. The minerals would be extracted at the same time and as part of the same working operation as the remaining permitted sand and gravel.

2.3 The restoration of the proposal site and surrounding quarry is governed by conditions in an earlier permission (No. 0060405M) which state that the working of minerals will cease before or on 31 December 2009.

3. Development Plan

3.1 Hampshire County Structure Plan 1996-2011 (Review) (Adopted 27 March 2000) Policies MW1, MW2 and MW5. These address general policy relating to mineral provision, the balance of need against adverse impacts and maintaining a stock of minerals.

3.2 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (Adopted 17 December 1998) Policies 6,7 (general policies) and 16, 17, 18 (policies relating to 19, 20) relating to need versus any adverse environmental impact and general amenity issues as well as timescales and working programme.

4. Consultations

4.1 New Forest District Council has no comment to make on the proposal.

4.2 Environmental Health Officer raises no objection.

4.3 New Forest District Council raise no objection.

4.4 Ellingham Harbridge & Ibsley Parish Council has no comments to make on the application.

4.5 Environment Agency raises no objection to the proposal in principle but notes that the applicant has not stated how they are dealing with site drainage and a consent to discharge may be required. If this is the case the consent should be obtained before the development commences.

4.6 Highways Adviser has no objection.

4.7 Civil Aviation Bournemouth has no objection.

4.8 The local Member, Councillor Heron, has been informed of the proposal.

5. Representations

5.1 There has been one letter of representation received to the development from an occupier of Belt Cottage objecting to the application on the following grounds:

(i) impact of lorry traffic from Tarmac and Onyx development at Chatsworth Blue Haze pits on highway safety on the B3081. 70% of accidents have been due to these lorries;

(ii) loss of trees and habitats; and impact on wildlife;

(iii) it will impact on nearby footpath;

(iv) lack of a proven need to extract the minerals;

(v) impacts of methane gas when Onyx fills the site with waste; and

(vi) additional disturbance.

5.2 A resident, understood to be the owner of Belt Cottage, telephoned the County Council, not to raise objection, but to raise concern that he thought his water supply pipe ran through the site.

6. Report of the Site Visit

6.1 The Committee undertook a site visit on 31 January 2006 and met with the applicant. There were no Parish Council representatives or members of the public present.

6.2 The Chief Planning Adviser introduced the application and outlined the key features. She explained that the site was currently being extracted. The proposed application would extract a modest amount of sand and gravel from 0.2 hectares of land over three to four days. One letter of objection had been received from an occupier of Belt Cottage, the nearest residential property, approximately 350 metres to the south-east of the site.

6.3 The local resident raised objection about the lorry traffic on the B3081, highway safety, and environmental and amenity impacts to the site and locality, including a public footpath that ran through Ringwood Forest.

6.4 The applicant stated that it would take about three days to remove the gravel and that the company will have finished working the whole quarry by the end of the year. The site would eventually be filled with waste under the Chatsworth landfill permission being implemented by Onyx.

6.5 The applicant advised that a small low level safety bund marked the limit of the proposed extraction and that marker pegs on the site marked the extent of the proposed extraction. The applicant confirmed that extraction would be to a depth of approximately 5-6 metres below the existing ground level and highlighted the fact that the ground was disturbed and not vegetated ground. The applicant also explained that the extraction would not extend beyond the existing `red line' application boundary.

6.6 Councillor Heron, the local Member, was present at the site visit and advised that the accidents along the B3081 to Verwood primarily related to high speed and overtaking and not from lorries entering or exiting the site or the Household Waste Recycling Centre further south along the B3081. She also advised that Hampshire County Council and Dorset County Council had undertaken a highways risk assessment of the area.

6.7 It was explained to members as a separate issue from the application, but to help place the location of Belt Cottage in context of its surroundings, that the trees which separated Belt Cottage from the landfill area south of the quarry and outside of the quarry boundary, were soon to be felled as required by the Forestry Commission under Health and Safety Regulations. The County Council and the Forestry Commission had been in recent discussion with the occupiers of Belt Cottage regarding this matter.

7. Chief Planning Adviser's Comments

7.1 The proposal is a very minor extension to an existing quarry which extends beyond the currently permitted extraction boundary but does not extend beyond the permitted application area.

7.2 The Parish Council, New Forest District Council, Environmental Health and the Environment Agency raise no objection to the proposal. With regards the issue of the discharge licence raised by the Environment Agency the applicant has confirmed that the company does not discharge water off site. The applicant has also undertaken a survey to establish that the water supply pipe to Belt Cottage falls outside the quarry boundary and therefore will not be affected by the proposal.

7.3 The highway and amenity objections raised by the local resident are noted. Nevertheless, in view of the facts that this application relates to Blue Haze Quarry and not to the adjacent active Chatsworth landfill site and that statutory consultees raise no objection, it is considered that there is no planning reason to support these objections. It is considered that winning of these additional reserves can be undertaken without causing any significant impacts to the local environment or to local amenities. Accordingly it is recommended that planning permission be granted subject to conditions.

Recommendation

That permission be granted subject to the following reason for approval and 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 development to which this permission relates, as an amendment to planning permission 067487 shall be worked in association with the ongoing quarrying operations and a such shall be for a limited period expiring on 31 December 2009 or when the working of minerals cease, whichever is the sooner; at the end of which the land shall be infilled with waste and restored to forestry in accordance with the scheme approved under Planning Permission 00060405M (Chatsworth Landfill). In the event that mineral extraction is completed significantly early, before the Chatsworth landfill has progressed to Blue Haze Quarry, then the void left by the development shall be contoured and graded in accordance with a scheme to be agreed by the Mineral Planning Authority (within 2 months of the termination of extraction) leaving the site ready to accept waste in accordance with the requirements of planning permission number 00060405M (Chatsworth landfill).

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 Mineral Planning Authority in writing, no operations authorised or required by this permission shall be carried out and plant shall not be operated other than during the following hours: between 0700 and 1800 Monday to Friday; 0700 to 1300 on Saturday. No such operations shall take place on Sunday or recognised public holidays.

Reason: In the interests of amenities of the area.

Importation of Waste Materials

(3) No materials from sources outside the site shall be introduced to the site for processing or use in the plant hereby approved or for the purposes of sorting for sale or disposal at some other location, without the prior agreement of the Mineral Planning Authority in writing.

Reason: To minimise lorry movements.

(4) No materials shall be imported for use in backfilling the site.

Reason: In the interests of the general amenity of the neighbourhood.

Access and Haul Roads

(5) All internal site haul roads shall be maintained in a condition free from potholes while in use and shall be removed when no longer required or during the course of site restoration, whichever is the sooner. Sections of haul road formed to a level higher than one metre below the final restoration level shall be removed before overburden and soils are spread. All sections of haul road shall be removed before overburden and soils are spread. All sections of haul road shall be ripped before being covered with overburden or soils during restoration.

Reason: To ensure that the site is satisfactorily restored and to minimise noise disturbance to neighbouring residents.

Noise and Dust

(6) The noise emitted from the site shall not exceed 45 dB(A) free field level, 48 dB(A) facade level at the boundary of Belt Cottage and Blue Haze Kennels

Reason: To prevent noise disturbance to the residents of the nearest houses.

(7) The scheme of dust mitigation shall be adhered to in accordance with the scheme approved by the Mineral Planning Authority on 19 June 2000.

Reason: In the interests of local amenities.

Pollution Control

(8) No dewatering shall take place on the site without the prior approval of the Mineral Planning Authority in writing.

Reason: In order to safeguard against water pollution and ensure that the site is capable of satisfactory restoration.

(9) No excavations shall take place below 30 metres AOD.

Reason: To protect the groundwater resource and the local water environment.

Archaeology

(10) Development shall take place on the application site in accordance with the implementation of the programme of archaeological work and the written scheme of investigation which has been approved by the Mineral Planning Authority under Permission No.00052872M (granted 1/2/94).

Reason: To identify any archaeological features or items of interest that may require further archaeological survey work to be undertaken prior to the commencement of development.

Working Programme

(11) The development shall be worked under the detailed working scheme as approved by the Mineral Planning Authority on 19 June 2000.

Reason: To enable the Mineral Planning Authority to adequately control the development and to minimise its impact on the amenities of the local area.

Nature Conservation

(12) No tree felling shall take place during the bird nesting season, 1 March to 1 September unless otherwise agreed in writing by the Mineral Planning Authority.

Reason: To protect nesting birds.

(13) Should reptiles protected under the Wildlife and Countryside Act 1981 and elements of that support habitat be found to re-establish on the site during operations then they shall be removed to a location, at a time, and by a means to be agreed in writing by the Mineral Planning Authority - such means to include the removal of herbage or disturbance of topsoil, unless otherwise agreed in writing by the Mineral Planning Authority.

Reason: To ensure the protection and rescue of species protected by the Wildlife and Countryside Act 1981.

Restriction of Permitted Development Rights

(14) 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.

Restoration

(15) Written notice shall be given to the Mineral Planning Authority when the development hereby permitted has been completed.

Reason: To enable the Mineral Planning Authority to control reinstatement which is covered by Planning Permission 00060405M.

After-Care

(16) The aftercare shall take place in accordance with the scheme approval under planning permission 00060405M (Chatsworth Landfill Site).

Reason: To ensure that the land is satisfactorily restored and correctly husbanded.

859/JD

Annexe to Reason for Conditions

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

(General Procedure) Order 1995 - as amended)

__________________________________________________________________

Hampshire County Structure Plan 1996-2011 (Review) (Adopted 27 March 2000)

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. reuse of waste;

3. recovery of waste (recycling, composting, energy from waste); and

4. waste disposal;

(vi) having regard to the proximity principle and the principle of best practical environmental option.

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 aftercare of the site to a high standard and to a landform compatible with the local landscape and suitable for an agreed beneficial after-use.

MW5

The mineral planning authorities will seek, through policies and proposals in the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan and day-to-day development control, to provide for an appropriate contribution towards national, regional and local needs for minerals from sources within Hampshire, having regard to local environmental constraints. In considering applications for mineral working, regard will be had to the aim of maintaining a stock of planning permissions sufficient for the extraction of sand and gravel in accordance with national and regional policy guidance, unless exceptional circumstances prevail. Areas for the extraction of sand and gravel will be identified in the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan.

Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (Adopted 17 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 18:

The Mineral Planning Authorities will grant planning permission for the extraction of sand and gravel, including soft sand and hoggin, provided they are satisfied that such permission is necessary in order to meet a need for the mineral in accordance with Policies 16 and 17 of the Plan having regard to:

(i) the existing level of permitted reserves of the mineral concerned; and

(ii) the rate at which and the length of time over which it is expected that those reserves will be worked; and

(iii) the proposed rate and length of time of working of the mineral deposit that is the subject of the application.