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

1. Summary

1.1 This report considers two interdependent applications:

(i) Application 1 - Sand and Gravel extraction and progressive restoration to commercial forestry and nature conservation at Busta Triangle, west of Eversley Quarry, Bramshill, Hartley Wintney (Application No. 06/01130/CMA); and

(ii) Application 2 - variation of conditions to allow an extension of time for the ready mix concrete plant, mineral processing plant and ancillary operations at Eversley Quarry (Application No. 06/01839/CMA).

1.2 Application No.1 is for mineral extraction at Busta Quarry on the western side of the Coopers Hill Road, Bramshill, Hartley Wintney. It is proposed that the mineral would be worked from Busta Quarry and transported to the existing Eversley Quarry plant site (to be processed) by way of dumper truck over Coopers Hill or by conveyor under Coopers Hill. Application No. 2 proposes extensions of time for the plant to remain at Eversley Quarry to process the mineral proposed to be extracted from Busta Quarry. The applications are departures from the development plan.

1.3 The recommendation is to grant permission subject to amendments of existing legal agreements and creation of a new one to cover traffic light crossing at Cooper's Hill and ancillary details and maintenance, hydrological monitoring, and nature conservation management.

1.4 Additionally the Secretary of State will be notified as the application (No 1) is a departure from the development plan.

2. Site and Proposal

2.1 The Busta site, as shown on the attached location plan, comprises 15.6 hectares of relatively flat predominantly commercial pine woodland interspersed on its boundaries with some broad-leafed trees and regenerating heathland. The site is shaped like an inverted Triangle due west of the existing active Eversley Quarry, at Bramshill, Hartley Wintney. It is bordered to the west by the A327, beyond which lies the entrance to Bramshill Quarry. The eastern boundary is the B3016 Coopers Hill Road from which access to the Eversley Quarry is gained. Both the A327 and the B3016 converge at almost the southern point of the Busta Triangle site with the A30 public highway. The nearest residential property is Hill House, separated from the north-east corner of the site by a strip of deciduous woodland and public footpath No. 27, which runs east-west just beyond the northern site boundary. The Welsh Drive, Public Bridleway No. 11, runs east-west through the centre of the site, linking with that part of the Welsh Drive to the west within Bramshill Quarry across the A327 and to the east across Coopers Hill where it joins with that part of the Welsh Drive running through Eversley Quarry.

2.2 The site lies within the Thames Basin Heath Special Protection Area (SPA) as well as within a Site of Special Scientific Interest (SSSI) and Site of Importance for Nature Conservation (SINC). It is located approximately 12 metres due west of the Castle Bottom National Nature Reserve.

2.3 The Busta Triangle site was promoted as a mineral extraction site during the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan Inquiry in the mid-1990s. The County Council had omitted the site as part of the Bramshill `preferred area' because the margins and screening would reduce the working area so significantly that the site yield would not justify the disturbance that would be caused by the mineral extraction. However, the Inspector concluded that screening of the Busta Triangle was not insurmountable and that appropriate protection measures could safeguard the amenity of local residents and the users of the Rights of Way. The Inspector accordingly recommended the site be included as part of the preferred area. Notwithstanding the advice the County Council still omitted it from the Plan.

2.4 Eversley Quarry, as shown on the attached plan, is an active mineral quarry being progressively restored to commercial forestry and heathland. It is located due east of the Busta Quarry site and is accessed from Coopers Hill. Extraction at the site is coming to an end. It is associated with the Busta Triangle application because the minerals processing and other plant and access at Eversley Quarry are needed to process mineral and service any permission that may be granted at Busta Triangle - hence the submission of the application for variations of conditions at Eversley Quarry.

3. Proposal

3.1 Planning permission is sought by way of Application No. 1, to extract approximately 420,000 tonnes of sand and gravel from the Busta Triangle site and process the mineral at the nearby Eversley Quarry mineral processing plant. It would be transported to Eversley Quarry plant site either by a conveyor under Coopers Hill or by dumper truck via a traffic light crossing on Coopers Hill. The mineral would be extracted over approximately three years although processing at Eversley would take four years. The applicant states that the mineral reserve at the site would be worked as a `logical extension' to Eversley Quarry to maintain supply to local markets.

3.2 It is proposed that the reserves at Busta Triangle would be worked after the mineral within the existing Eversley Quarry is exhausted. Extraction at Eversley Quarry is permitted until 2007. However, because the applicant requires the retention of the plant site, conveyor buildings and access at Eversley Quarry to support the current proposal at Busta Quarry, the applicant has also submitted Application No. 2 to vary conditions relating to these matters at Eversley Quarry. The combined application therefore seeks to maintain mineral extraction at Busta until 2010 with processing operations and concrete production, and processing of mineral on the Eversley Quarry plant site until 2011.

3.3 If the mineral is transported by dumper truck across Coopers Hill it would be undertaken in a series of 50,000 tonne campaigns lasting five weeks each and involving 16 vehicle movements crossing Coopers Hill per hour (ie 8 each way) during each campaign.

3.4 The applicant states that to maintain continuity of supply some advanced works such as tree felling and soil removal would take place before extraction commences. To help protect the amenity of Hill House to the north of the site, a 100 metre extraction buffer zone is proposed with special precautions to be taken whilst works are taking place within 200 metres of this property. An intermediate screening bund would be established between the house and the extraction area.

3.5 It is proposed that mineral extraction would take place at Busta Triangle between 0730-1800 hours Monday-Friday and 0730-1300 hours on Saturday. Working in Phase 1, within 200 metres of Hill House, would be restricted to ensure that no activity takes place before 0800 hours on any day. The applicant states that if the mineral is recovered on the `campaign' basis using the traffic light crossing and dumper trucks, the extraction period would be very much reduced, typically no more than 16 weeks in any 12 month period.

3.6 It is proposed to restore the land for the benefits of nature conservation by one of two scenarios: either by retaining the bridleway at existing ground levels whilst grading down north and south of it to what would be the low-level restored base of the quarry below; or by lowering the bridleway so that the contours across the site can be blended at low-level. No materials would be imported to the site for restoration purposes. Conifer woodland would be re-established for the locally protected bird species as well as the creation of heathland areas. As part of the proposal the approved restoration plan at Eversley would be extended to provide more heathland habitat.

3.7 The applicant proposes to extend the standard year after-care period from 5 to 10 years to enable management of the habitats for nature conservation purposes and to provide long term enhancement of the environment.

4. Environmental Impact Assessment (EIA)

4.1 The Busta Quarry proposal is an EIA Development under the EIA Regulations 1999 and an Environmental Statement has been submitted with the application, which concludes:

(i) Ecology - the proposed operational phases will have no significant adverse effect on the SPA and the restoration proposals could benefit local wildlife in the medium to long term. It has concluded that the integrity of the European site will not be adversely affected.

(ii) Landscape and visual amenity - there will be varying degrees of impact but it is considered that none would be so significant as to warrant refusal of the application. The impacts of the working phases are short lived and temporary in nature.

(iii) Noise - the continued extraction of sand and gravel can be carried out at noise levels below the criteria identified in the current Minerals Policy Statement 2 (MPS2 - `Controlling and mitigating the Environmental Effects of Mineral Extraction in England').

(iv) Traffic - there would be no material adverse impact on the safety or operation of the adjacent highway network. Two options have been identified: a conveyor and a road crossing to transport material to Eversley Quarry. Both options have been approved in principle by the Highway Authority.

(v) Dust - implementation of good practice guidance will ensure that operations will not cause unacceptable impacts due to airborne dust emissions at any property close to the site.

(vi) Hydrology and hydrogeology - with appropriate mitigation there will be no negative impacts on water resources within or adjacent to the proposed extraction areas.

(vii) Archaeology - the site is located within an area of potential local archaeological interest. The most effective proposal concluded that a `Strip, Map and Sample' investigation should be undertaken during any overburden/soil moving operations and to deal with any identified archaeology appropriately at that time.

4.2 Alternative site and methods of working - the Busta Triangle Reserve is the only feasible reserve in close proximity to the existing Eversley Quarry remaining to be worked as a logical extension using the existing infrastructure. The working method has been chosen to minimise potential disturbance to Hill House whilst the rate of mineral extraction has been selected to limit the size of the `as raised' stockpile thereby minimising potential environmental impacts.

5. Development Plan

5.1 Policies MW1 - adequate supply of minerals, MW2 - environmental impacts, and MW3 - impact on nature conservation designations of the Hampshire County Structure Plan Review 1996-2011 are relevant. Additionally Policies 6 and 7 - general policies balancing need against adverse environmental impacts, Policies 8 and 9 - presumption against development in SPAs/SINCs and Policy 20 - concerning developments outside `preferred areas' of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (Adopted) 1998 are also relevant.

6. Consultations

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

6.2 Eversley Parish Council raises objection to the proposal as the site is not a preferred area in the Minerals Local Plan and raises concerns that the area has suffered from mineral extraction for over 25 years but states that if the Welsh Drive is closed to users during the workings then the dedication of additional permanent bridleway around the site should be a pre-requisite to the disruption. The Parish Council highlights issues that need to be controlled should the County Council be minded to grant permission such as lack of tree screening to local amenities; greater stand off to Hill House and Footpath 27; bund needed south of Footpath 27; traffic light crossing restricted to between 10 and 4 each day; phasing changed so area near to Hill House worked last; prefer more restoration to heath land than commercial forestry.

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

6.4 Yateley Town Council has been informed of the proposal.

6.5 Hart District Council objects to the proposal but states that if permission is granted the District Council requests that adequate conditions ensure the protection of local amenities.

6.6 Environmental Health Officer (Hart District Council) raises concerns about the sufficiency of dust mitigation and mud on road from the proposed road crossing. Asks to be consulted on any dust management plan.

6.7 Natural England raises no objection to the proposal subject to conditions. It states there is sufficient assurance that the nature conservation concerns are no longer an issue in relation to the expansion of the site being used for aggregate extraction.

6.8 The Highways Adviser considers that the conveyor option to cross Coopers Hill is the best achievable solution. However, if a signal crossing of the road be considered preferable the County Council would need to be convinced that sufficient measures were provided to ensure the safety of the users of the highway network. Facilitation works would be required to include the laying of anti-skid surfacing on the approaches to the proposed haul road crossing. The Highways Adviser considers that the Highways Authority could not substantiate a reason for refusal based on the safety of the signal option as all appears to be technically acceptable and the principle for part time signals is established in Hampshire.

6.9 Rights of Way raises no objection to the option put forward relating to the lowering of the bridleway/Welsh Drive across the site.

6.10 Forest Enterprise Hampshire has no comment to raise on the proposal.

6.11 Farnborough Airport has no comment to make on the proposal and notes that there are no significant water features or works that would increase the bird control hazard for Farnborough Airport.

6.12 Blackbushe Airport which owns Blackbushe car auctions to the south states that the inclusion of the proposed areas of wetland or bog will introduce the real possibility of birds building nests and flying in the immediate vicinity of aircraft taking off or landing at the airport. The exclusion of wetland areas in the proposed restoration scheme is requested.

6.13 Environment Agency has no objection, in principle, to the proposed development provided that a condition relating to surface water control measures are imposed on any planning permission granted. The Environment Agency also emphasises the importance for monitoring of groundwater and it proposed that this be covered by amendment to an existing legal agreement attached to any permission granted. It adds that monitoring should include the following:

(i) groundwater levels as the extraction takes advances at the site;

(ii) wells nearby;

(iii) unnamed River Hart tributary;

(iv) streams to the West and East of the Castle Bottom (SSSI);

(v) if dewatering is necessary, and at rates over 1000m³/day then the abstraction to the south (1.5 kilometres) of the site will have to be monitored.

The Agency also required a condition relating to importation of materials to the site but it is not proposed to import any materials to the site.

7. Representations

7.1 As at Monday 30 October 2006, six letters of objection have been received to the Busta Triangle proposal on the following grounds:

(i) adverse impact to the amenity of Hill House the nearest residential property to the application;

(ii) closure of road during conveyor construction would cause problems should conveyor option be adopted;

(iii) signal crossing would cause longer delays during rush hour at the B3016/A327 junction;

(iv) more road signs in a rural area; and

(v) impact to horses and riders on bridleway.

7.2 With regard to point (i) above, detailed issues have been raised by the occupants of Hill House who object to the proposal and include:

(i) concern about accuracy of noise assessment; the ES does not provide assurance that dust will not cause further amenity impact; no bunding is proposed along the northern edge of Phase 2 which would assist in mitigating against noise and dust impact particularly to the heavily used tennis court nearby; hours of working should be amended so that the 0800 hours restriction also applies to include working in Phase 2;

(ii) traffic lights will prejudice road safety and need a legal agreement if permission is granted, requiring permanent traffic calming measures on Coopers Hill to assist in reducing speeds and risk of accident and would be of long term benefit;

(iii) prefer the material to be moved by the `campaign' dumper truck method with restrictions on timing; more details required on restoration levels near Hill House; and

(iv) assurance needed that water supply of which applicant is aware will not be affected.

7.3 No objection to the extension of time at Eversley Quarry has been received from Blackbushe Airport, Natural England, Environmental Health, Rights of Way but all state their comments relating to the main application at Busta Quarry still stand. Hart District Council raises objection in the absence of knowing the views of relevant consultees such as English Nature.

8. Report of the Site Visit

8.1 Some of the Members of the Committee undertook a site visit on 13 November 2006 and met the agent and the applicant and the representative from Eversley Parish Council.

8.2 The Chief Planning Adviser introduced the two applications and outlined the key features of the proposed application for the sand and gravel extraction and progressive restoration to commercial forestry and nature conservation at Busta Triangle, west of Eversley Quarry and the variation of conditions to allow an extension of time for the ready mix concrete plant, mineral processing plant and ancillary operations at Eversley Quarry.

8.3 A plan was displayed to Members which indicated the proposed phasing of operations and pointed out an area currently being restored as heath land. The location of the two possible mineral extraction transportation systems were shown by a white post for the under-road conveyor proposal and a yellow post for the single lane dumper truck route. The conveyor would require more vegetation removal width wise than the alternative with 10 metres needing to be cleared either side of the centre post. The applicant stated that the dumper truck track would require an area to be cleared to five metres wide. Doubts were raised about this figure by the Highways Adviser who stated that it could be as wide as 10 metres because of the need to install traffic lights and ancillary equipment and signs. The Chairman asked if a definitive figure could be arrived at in time for the Committee meeting.

8.4 The Highways Adviser was asked about traffic flow data for Coopers Hill. He stated that he would try to obtain the data in time for the meeting.

8.5 The owner of Hill House, present at the meeting, stated that he was in favour of the dumper truck transport proposal, although he was concerned about the effect the works might have on the use and enjoyment of his land, including the tennis courts at the bottom of his garden which would also be close to the boundary of the site and which he used throughout the year.

8.6 The applicant stated that phases one and two would be worked and restored within 18 months.

8.7 The Forestry Commission had been consulted on the proposals which would involve the removing of trees either side of Coopers Hill. It was considered there were unlikely to be any Tree Preservation Orders on the trees that would need to be felled but this would be double checked through the District Council.

8.8 Councillor Simpson, the local Member, was unable to attend the site visit.

9. Chief Planning Adviser's Comments

9.1 The application for mineral extraction at Busta is a departure from the development plan because Busta Quarry is not identified as a preferred Area for Mineral extraction within the current Hampshire Portsmouth and Southampton Minerals and Waste Local Plan. Accordingly it needs to be established that working at this site would be equally acceptable as working within a preferred area.

9.2 Accordingly, the key issues are:

(i) compatibility with the development plan;

(ii) impact of conveyor proposal and traffic light crossing proposal on the highway network, local residents and the environment generally;

(iii) need for the mineral;

(iv) impact on nature conservation interests; and

(v) amenity impacts to residential property and users of the bridleway and public footpath.

9.3 It is considered that working the site would be equivalent to working a preferred area because there is no evidence to substantiate an alternative conclusion. In particular it is noted that there are no objections to the proposal from:

(i) the Environmental Health Officer with regards to dust or noise;

(ii) the Environment Agency regarding hydrological issues;

(iii) the Rights of Way Officer regarding impacts on the bridleway and footpaths;

(iv) Natural England regarding an impacts on the SPA and SSSI within which extraction would take place

and there are also no objections from the Highways Adviser.

9.4 Therefore the site could be worked with planning conditions controlling the development without causing significant adverse impacts on the environment or to the local residents. It is also noted it is a relatively small scale extraction proposal that would take only three years to complete extraction. Furthermore, at the Local Plan Inquiry into the objections to the current Local Plan during the mid-1990s the Inspector held a view contrary to that of the County Council and concluded that the site could be worked without causing significant environmental impacts to the locality and that it could be extracted in such a way as still to provide a valuable contribution of mineral to the county's landbank.

9.5 With regards to any potential highway impacts it is noted that the applicant has proposed two methods of transporting mineral from Busta Quarry to the Eversley plant site where the mineral would be processed. Option 1 is to transport the mineral by conveyor under Coopers Hill. The applicant considers that up to 10 metres of land would have to be cleared on either side of the centre line near the road to provide for the conveyor crossing but the Highways Adviser considers the conveyor could be constructed with less clearance than this. With the conveyor option extraction would take place continuously 12 months of the year over three years.

9.6 Option No. 2 proposed is the dumper truck traffic light crossing over Coopers Hill. The applicant considers that only five metres of vegetation would need to be cleared with this option although the Highways Adviser considers that additional space would be required to install the traffic lights either side of the proposed haul route. It should be noted that construction of the conveyor route could require a longer road closure than that of the traffic light option. The traffic light crossing would not be in use a full 12 months of the year. It would be in use only during the three annually proposed `campaigns' each lasting five weeks reflecting the fact that with the dumper truck option mineral would only be extracted during these three five week periods every year. It is for this reason that the resident of the property adjacent to the site at Hill House,

on the north-eastern corner of the site would, if permission were granted, prefer the traffic light and dumper truck option to the proposed conveyor. He considers that he would suffer less noise and dust impact because for several months of the year the site would remain inactive.

9.7 The Traffic Assessment submitted with the application included a count undertaken by an independent survey consultancy. The survey demonstrated that Coopers Hill is a lightly trafficked road carrying some 479 vehicles during the morning peak and some 443 during the evening peak period. The 12 hour vehicle flows total 3,182 vehicles. There is evidence that the flow is tidal with a majority for southbound traffic (towards Hartford Bridge Flats) during the morning (288 vehicles) and northbound during the evening peak period (280). The survey also took readings of speed on this link. The recorded speeds show an 85th percentile of 55 mph which is consistent with the de-restricted speed limit of the road. With the signal crossing option it is likely that the Coopers Hill will be capable of remaining open, unlike the conveyor option which would have required the closure of Coopers Hill for around a week, dependant upon programming. Suitable traffic management will be required in order to construct the crossing option but this should be achieved whilst maintaining the operation of this link.

9.8 In landscape terms there is very little between the two options. However, in terms of road safety the conveyor route is the preferred option. However there is no objection to the traffic light crossing because there are a number of such crossings working quite satisfactorily in the county. Generally conveyors are considered preferable to dumper trucks as a means of transporting mineral from one site to another because they are quiet, do not involve heavy lorries and have less environmental impact. However this case is more unusual because the only adjacent resident would prefer the dumper truck option because it would give a break from extraction during each year of any permission that may be granted. Accordingly, it is recommended appropriate weight be given to the views of the adjacent resident and the traffic light option be supported.

9.9 In terms of need, the landbank in Hampshire overall is approximately 4 years, although for the North East Hampshire area it is approximately 6.5 years (at 1 January 2006). This is still less than the current 7 year requirement in MPG6. There are no existing preferred sites remaining in North East Hampshire and the new Minerals and Waste Planning Strategy identifies a need for a further 2.44 million tonnes between now and 2016. If this site were to get permission it would help meet this target.

9.10 With regard to nature conservation issues the policy concerning biodiversity designations is an important consideration. However, Natural England does not consider an Appropriate Assessment is necessary under the Habitat Regulations because the development is unlikely to have significant impacts on the environment, notably the Thames Basin Heath SPA and the SSSI as well as the Castle Bottom Nature Reserve and raises no objections to the proposal. Moreover, the opportunities for heathland management at the Eversley Quarry site are considered positive measures that would enhance the nature conservation value of the area.

9.11 The Rights of Way Adviser raises no objections to the proposal, but of the two options put forward for the bridleway the low-level option is preferred. It is considered that with a revised phasing plan the bridleway could remain in use at existing levels throughout the development. The Parish Council and other representations have mentioned the possibility of extending the existing rights of way network by linking the bridleway with the footpath to the north of the site. Evidence shows that people do walk and ride along the edge of the site and accordingly it is recommended that if permission is granted a legal agreement is attached requiring a short north-south extension to the existing rights of way network on the site. It is also recommended that the informal permissive footpath that has been provided by the applicant to the eastern edge of Coopers Hill be routed slightly further east away from the road to avoid the lorries the road.

9.12 With regard to amenity impacts both to users of the rights of way network and the occupier of nearby Hill House it is considered that any permission granted should have conditions attached requiring the phasing to be reversed so that the extraction would take place south- north. This would mean that the existing tree planting to the south of Hill House could remain up until working was nearing completion just south of the existing bridleway. This would provide a screen during initial extraction to the south. Then, once the trees to the south of Hill house were felled, the only extraction remaining would be completed within 18 months near to Hill House leaving the site ready to be restored. The applicant is agreeable to such a condition.

9.13 To conclude, this application at Busta Quarry raises a number of issues. However, it is considered, that the site and extension of time at the Eversley Quarry plant site can be permitted causing significant environmental impacts. The view is supported by the lack of objection from statutory consultees. However, permissions would require the amendment of the existing legal agreements for management of the heathland at Eversley Quarry include management of the heathland areas now proposed at Eversley Quarry and, amend the hydrological monitoring agreement to include monitoring at Busta as well as securing a link to the existing rights of way network.

Recommendation

Application No. 1

That the Secretary of State be notified of the resolution and, subject to no objection to granting permission from the Secretary of State:

That, subject to modification to the existing Eversley Quarry legal agreement to cover the management of additional heathland areas on Eversley Quarry ,and the additional hydrological monitoring of Busta Quarry, and subject to legal agreements securing the construction, management, installation and operation of the traffic light signals and surfacing of Coopers Hill with anti-skid surfacing, and an extension to the rights of way network on the site, sand and gravel extraction and progressive restoration to commercial forestry and nature conservation at Busta Triangle, west of Eversley Quarry, Bramshill, Hartley Wintney (06/01130/CMA) be granted subject to the following conditions and reason for approval.

Reason for Approval

Although the application is a departure from the development plan it would not materially harm interests of acknowledged importance and would be acceptable in terms of highway safety.

Conditions

Commencement

(1) The development hereby permitted shall be begun before the expiration of three years from the date of this permission but sand and gravel extraction shall not commence on the site before such extraction has been satisfactorily completed in accordance with the permission for extraction at Eversley Quarry.

Reason: To comply with Section 91(as amended) of the Town and Country Planning Act 1990 and to minimise the environmental impacts of cumulative working of two nearby quarries.

Timescale

(2) The extraction of sand and gravel at Busta Quarry shall cease within three years from the date of commencement of extraction or by 31 December 2010, whichever is the sooner, and the Busta Quarry and the Eversley Quarry site shall be restored in accordance with the schemes approved under Condition (28) below within a further period of 12 months but no later than 31 December 2011. The processing plant at Eversley Quarry shall operate in accordance with Planning Permission No. 06/01839/CMA (Application 2) until 30 September 2011 after which time the plant, ancillary equipment and offices, hardstandings and haul road, weighbridge, car park, security fencing and other ancillary development shall be broken up and dismantled as appropriate and removed from site within a further period of six months unless otherwise agreed by the Mineral Planning Authority in writing and the site subject of Permission No. 06/01839/CMA restored in a accordance with that permission.

Reason: To secure the satisfactory restoration of the site.

Working Programme

(3) Prior to the commencement of the development a revised working scheme, and programme of operations shall be submitted to the Mineral Planning Authority for approval in writing. The scheme shall include timing of tree felling, soil stripping, vegetation clearance, creation of screening bunds, phasing (south-north), creation of a 100 metre buffer between hill house and the extraction boundary ,and retention of the bridleway throughout the life of the extraction as well as the safe crossing of the haul road by dumper trucks.

Reason: To enable the Mineral Planning Authority to adequately control the development and to minimise its impact on the amenities of the local area in particular the users of the bridleway and nearby footpaths and the residents of the adjacent property Hill House.

Hours of Working

(4) Unless otherwise agreed in writing by the Mineral Planning Authority no heavy goods vehicles shall enter or leave the site and no plant or machinery shall be operated except between the following hours: 0730-1800 Monday to Friday and 0730-1300 Saturday. When the extraction is taking place within 200 metres of Hill House no activity takes place before 0800 hours on any day. There shall be no working on Sunday or recognised public holidays.

Reason: In the interests of local amenity.

Landscape and Dumper Truck Haul Route

(5) Within 12 months of the date of this permission and prior to the development commencing (including tree felling) a detailed scheme of landscaping for the site and a plan and timetable for the construction of the haul road to carry mineral across Coopers Hill and through adjacent woodland, shall be submitted to the Mineral Planning Authority for approval in writing. The scheme shall include the construction of the haul road crossing and its relationship to existing trees and the permissive path that runs across it on the eastern side of Coopers Hill and the proposed staggered alignment of the haul route into Eversley and Busta quarries preventing long distance views into the quarry from the public highway. The scheme shall include protection of existing trees along the edge of the haul route and crossing points as well as a plan clearly showing which trees are to be felled. It shall also specify the types, size and species of all trees and shrubs to be planted on cessation of the use of the haul road as part of the restoration scheme approved under Condition (27) below. It shall include details of bridleway crossing points and footpath crossing points; signage to warn users of the footpaths and bridleway and details of fencing/enclosure of the site, phasing and timescales for carrying out the works, and provision for future maintenance. Any trees or shrubs which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. The scheme shall be implemented as approved.

Reason: In the interests of visual amenity.

(6) The Mineral Planning Authority shall be given 14 days prior written notice of the intention of all tree felling on the site including that felling related to the implementation of the traffic light crossing. The location of the trees and the traffic light crossing shall be marked on-site before hand so they can be checked and the location of the crossing point approved by the Mineral Planning Authority prior to felling. Trees to be felled should be inspected for bats prior to felling. All species of bat in Britain and their roosts are afforded special protection under the Wildlife and Countryside Act 1981. If bats are found, English Nature must be contacted for advice prior to felling taking place.

Reason: In the interests of the local amenities, the nature conservation interests and the landscape character of the area.

Protection of Water Environment

(7) 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.

(8) 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 greater. 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.

(9) No sewage or trade effluent (including vehicle wash or vehicle steam cleaning effluent) shall be discharged to any surface water drainage system.

Reason: To prevent pollution of the water environment.

Noise and Dust

(10) Within six months of the date of this permission a scheme to mitigate against the impacts of noise and dust to Hill House and the users of Coopers Hill public highway shall be submitted to the Mineral Planning Authority for approval in writing and thereafter implemented in accordance with that approval.

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

(11) All vehicles, plant and machinery 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: To minimise noise disturbance from operations at the site.

(12) Prior to commencing operations details of dust suppression measures shall be submitted to and approved by the Mineral Planning Authority in writing. The approved measures shall be implemented for the duration of the development.

Reason: In the interests of local amenities.

Lighting

(13) Prior to development commencing a lighting scheme shall be submitted to the Mineral Planning Authority for approval in writing. The scheme shall include details of all outside lighting, including floodlighting, safety lighting and illumination from within the site, around the plant and along the haul route, and measures to prevent light pollution, particularly to Hill House during the winter months.

Reason: In the interests of visual highway safety, the character of the area and the amenities of the occupiers of Hill House.

Highways

(14) Prior to the development commencing a scheme shall be submitted to the Mineral Planning Authority and Highway Authority for approval detailing the timing, location and construction of the traffic light crossing to the west and east of Coopers Hill. The Mineral Planning Authority shall be given 14 days prior notice of the intention to fell trees relating to the crossing and the route and its alignment shall be approved on site by the Mineral Planning Authority and Highway Authority prior to any felling commencing.

Reason: In the interests of highway safety and the landscape character of the area.

(15) Facilities shall be provided at the Busta and Eversley sites to ensure that wheel washing of dumper trucks takes place before any lorries cross Coopers Hill via the traffic light crossing..

Reason: To ensure that no mud is deposited on the public highway compromising highway safety.

(16) On completion of the transportation of materials across Coopers Hill from Busta Quarry to Eversley Quarry, the crossing of Coopers Hill shall be dismantled and any remedial works considered necessary by the Highway Authority to ensure that Coopers Hill is returned to its former condition shall be undertaken within a timeframe and by way of a methodology to be agreed beforehand by the Highway


Authority in writing. Also, the gap resulting from the former use of the haul road and traffic lights shall be prepared for replanting and shall be then planted with broad leaved native trees in accordance with a scheme to be agreed beforehand with the Mineral Planning Authority. The replanting shall take place within the first planting season following the removal of the haul route crossing.

Reason: In the interests of highway safety and the amenities of the area.

(17) The traffic lights shall be removed within 48 hours after each `campaign' haulage of materials from Busta Triangle to Eversley Quarry has been completed and replaced shortly before the next `campaign' is to recommence.

Reason: In the interests of highway safety.

(18) The numbers of vehicles crossing Coopers Hill shall not exceed 120 movements in any working day Monday to Friday and no more than 60 movements on Saturdays. the traffic exiting the existing Eversley Quarry shall not exceed its current level and no more than 142 movements per day Monday- Friday and 71 movements on Saturday.

Reason: To control the number of traffic movements exiting onto Coopers Hill to make sure they do not increase and in the interests of highway safety.

Restriction of Permitted Development Rights

(19) 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;

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

Reason: To protect the amenities of the area.

Storage

(20) Prior to soil stripping commencing details of the location of soil storage mounds shall be submitted to the Mineral Planning Authority for approval in writing and thereafter implemented in accordance with that approval.

Reason: In the interests of local amenities.

Rights of Way

(21) Prior to development commencing, details of crossing points with public rights of way shall be submitted to the Mineral Planning Authority for approval in writing, and implemented in accordance with that approval. The details shall also include signs warning lorry drivers of the presence of public rights of way.

Reason: To safeguard public rights of way.

Archaeology

(22) No development shall take place within the area indicated (this would be the area of archaeological interest) until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Mineral Planning Authority.

Reason: In the interests of archaeology.

Nature Conservation

(23) No tree or shrub clearance should be carried out in the bird nesting season (1 March to 31 August).

Reason: In the interests of nature conservation.

(24) Prior to the commencement of extraction a programme and methodology for the translocation of reptiles on the site to an approved receptor site shall be submitted to the Mineral Planning Authority for approval and thereafter implemented in accordance with that approval.

Reason: To ensure the protection of reptiles habiting the site at the time of implementation of extraction.

(25) Within 12 months of the date of this certificate a scheme for clearance of the site of soils and undergrowth after tree felling of the commercial woodland at Busta Quarry, and maintenance of the site particularly during cessation of dumper truck 'campaigns' to ensure the site is kept clear of vegetation, shall be submitted to the Mineral Planning Authority for approval in writing and thereafter implemented in accordance with that approval.

Reason: To prevent and discourage the nesting of birds on that part of the site which is cleared and or undergoing extraction.

(26) A programme for the timing and implementation of the three vehicular 'campaigns' to take place each year of the extraction operations shall be agreed no later than 3 months before the start of each annual campaign with the Mineral Planning Authority in writing.

Reason: To help protect the nature conservation interests of the site.

(27) A heathland corridor shall be created either side of the restored bridleway that crosses Busta Quarry in accordance with a scheme to be submitted under Condition (25).

Reason: To enhance the nature conservation interests of the site a Special Protection Area.

Restoration

(28) 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 forestry.

(29) The site shall be restored to forestry, amenity and nature conservation in accordance with a scheme to be agreed by the Mineral Planning Authority in writing and thereafter implemented in accordance with that approval. The scheme shall be submitted within six months of the date of this permission and shall include details of:

(i) the thickness and quality of subsoil and topsoil to be used and the method of soil handling and spreading, including the machinery to be used;

(ii) the ripping of any compacted layers of final cover to ensure adequate drainage and aeration, such ripping to take place before placing of topsoil;

(iii) measures to be taken to drain the restored land; and

(iv) details of creation of proposed heathland edge to the restored bridleway as well as details relating to the surface of the proposed bridleway and any fencing/gates that may be considered appropriate.

Reason: To ensure satisfactory restoration of the site.

After-Care

(30) An aftercare scheme requiring that such steps as may be necessary to bring each phase of the land restored to the required standard for use for commercial forestry, heathland and amenity shall be submitted for the approval of the Mineral Planning Authority not later than 12 months from the date of this permission.

Reason: To ensure that the land is satisfactorily restored.

(31) After-care of the site shall take place for a period of five years in accordance with a detailed scheme to be agreed in writing by the Mineral Planning Authority, beginning when restoration is completed in accordance with Condition (28) above.

Reason: To ensure the satisfactory restoration of the site.

Other

(32) No work shall be carried out within the crown spread of existing preserved trees, either underground or on the surface, including the storage of materials and excavated soil, unless otherwise agreed by the Mineral Planning Authority in writing. All existing tress and shrubs retained and/or previously planted around the perimeter of the application site for landscaping purposes shall be maintained in a healthy


condition. Any tress or shrubs which die, are removed without permission, or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

Reason: To protect the health and stability of trees to be retained within and on the boundaries of the site.

(33) The handling and movement of soils during both stripping and replacement operations should only be carried out in suitable weather conditions and when soils are dry and friable, to prevent compaction, smearing and loss of structure.

Reason: To minimise damage to existing and proposed soil reserves.

(34) All soil storage bunds intended to remain in situ for more than six months or over the winter period are to be grassed over and weed control and other necessary maintenance carried out to the satisfaction of the Mineral Planning Authority. The seed mixture and the application rates are to be agreed with the Mineral Planning Authority in writing no less than one month before it is expected to complete the formation of the storage bunds.

Reason: To preserve the existing soil resource and prevent weed spread.

(35) Surface water source control measures shall be carried out in accordance with details which shall be submitted to and approved in writing by the Local Planning Authority before development commences.

Reason: To prevent the increased risk of flooding and to improve water quality.

Recommendation

Application No. 2

That, subject to the implementation of Planning Permission No. 06/01130/CMA and the completion of the amendment of the legal agreement attached to the existing Eversley Quarry permission securing the management of additional heathland areas secured through Application No. 1, and the amendment to the hydrological monitoring agreement for Eversley Quarry to include Busta Quarry, planning permission for Variation of Conditions to allow an extension of time for the ready-mix concrete plant, mineral processing plant and ancillary operations at Eversley Quarry (06/01839/CMA) be granted subject to the following condition.

Reason for Approval

It is considered that the application accords with the development plan (summary attached) and does not have material highway or amenity objections.

Condition

(1) All plant machinery, bunding and hardstanding on the site shall be removed and the site restored in accordance with Condition (3) of Planning Permission No. 28/01138/CMA (as amended by Planning Permission No.06/01130/CMA Busta Quarry) within six months of the cessation of mineral working at Busta Quarry and Eversley Quarry.

Reason: To ensure the satisfactory restoration of the site following the amended restoration scheme approved under Busta Quarry Application No. 06/01130/CMA.

Advice Note:

1. This permission only takes effect if planning permission 06/01839/CMA is implemented in accordance with the permission at Busta Quarry.

2. All other conditions not varied by this permission relating to Planning Permissions Nos 04/00717/CMA and 98/01134/CMA remain valid.

1081/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) 1996-2011

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.

Policy MW3

Permission will not be granted for minerals and waste development which is likely to cause material harm to any of the following designated areas and sites:

The New Forest;

Areas of Outstanding Natural Beauty;

Special Areas of Conservation;

Special Protection Areas;

Wetlands of International Importance (Ramsar Sites);

Sites of Special Scientific Interest;

National Nature Reserves;

Nationally important archaeological sites and monuments, whether scheduled or not, and their settings;

Conservation Areas;

Listed Buildings; and

Parks and Gardens of Special Historic Interest on English Heritage's National Register;

except where the Mineral/Waste Planning Authority considers that there is an overriding need for the development to take place in the public interest which outweighs the harm that would be caused, having regard to the level of protection given to the designation concerned in legislation or government guidance.

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 9

Applications for planning permission for minerals or waste development in the following areas will not be granted save where there is an overriding need for the development to take place and any adverse effects can be satisfactorily ameliorated:

(i) Sites of Importance for Nature Conservation and Local Nature Reserves;

(ii) Ground Water Source Protection Zone 1 (Inner Source Protection) areas;

(iii) sites on the County Register of Historic Parks and Gardens.

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.