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

1. Summary

1.1 Planning permission is sought to extend the clay workings at Michelmersh Brickworks into adjacent land identified as Preferred Area 9 in the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (HPSMWLP)(1998). The application also involves extending slightly beyond Preferred Area 9 to the north to reflect an existing field boundary which is slightly different from that boundary shown in the HPSMWLP. The application is technically a departure from the Development Plan because of this minor change to the northern boundary. The site would be worked for only eight weeks a year over a period of eight years. No external haul movements would be associated with the development and the land would be restored at a lower level to agriculture. An Environmental Statement has been submitted with the application in accordance with the requirements of the Environmental Impact (England and Wales) Regulations 1999 (as amended).

2. Recommendation

2.1 That planning permission in respect of the extension to the clay workings at Michelmersh Brickworks, Hill View Road, Michelmersh, Romsey (Application No. 07/00750/CMAS) be granted for the following reason, subject to conditions set out in Appendix 1.

3. Reason for Approval

3.1 Although the proposal would be a minor departure from the development plan (Appendix 2) on the balance of need against environmental impact it is considered that the proposal would not materially harm the character of the area or the amenity of local residents nor would it be unacceptable in terms of highway safety and convenience.

4. Site

4.1 The Michelmersh Brickworks has been established for many decades. It currently employs over 100 local people and is accessed from Hill View Road, Michelmersh. The land due north of the Brickworks and east of the proposed extension area has already been worked for clay to supply the Brickworks. Extraction was completed during 2006 and the residual clay is currently stockpiled on site. The existing quarry is currently being restored at low level and presently contains three water storage lagoons. When the stockpiles have been used there will be no further local clay to supply the Brickworks. It is the qualities of the local clay that is the Brickworks trademark.

4.2 In the mid-1990s the need to identify preferred areas for future clay extraction was recognised and accordingly Preferred Area 9 was designated within the current Minerals and Waste Local Plan (HPSMWLP).

4.3 The proposed clay extraction site (as shown on the attached location plan) extends across 2.9 hectares of a 3.75 hectare field due west of the existing Brickworks. The field is categorised as Grade 3 agricultural land. The proposed extraction area is bordered by the existing, lower level worked out `quarry' to the east (separated from it by a mature hedgerow) and Public Footpath No 8. Michelmersh village (a Conservation Area) lies to the north-east and looks down on the Brickworks and the existing and proposed quarry.

4.4 The land on which the application site is situated rises up from the valley of the River Test and its Site of Special Scientific Interest (SSSI) - 1.2 kilometres away - and the A3057 Romsey-Salisbury Road to the west. The site slopes downwards in a south-westerly direction and the north-western corner is the lowest part of the site whilst the south-eastern corner near the property of Hillcrest is the highest. A trimmed hedgerow marks the northern boundary beyond which agricultural land rises northwards towards Staff Road a narrow rural lane approximately 200 metres away from the site. Staff Lane Cottages and Linhay Meads (formerly Michelmersh dairy farm) are approximately 220 metres to the north-west on Staff Road. A bungalow called `Acorns' is located approximately 280 metres due north of the site. The proposed extraction area rises to the south, the boundary being marked by the rear gardens of residential properties Hillcrest and The Thatched Cottage, a Grade 2 listed building. It is also bordered to the south by a commercial light engineering workshop. Beyond these workshops to the south are two further dwellings, East and West Cottage. Even further south - some 500 kilometres away - is the Timsbury Water Works. The application site lies within the designated source protection zone (SPZ) of the Works.

4.5 The site is separated from the existing workings by a mature hedgerow and Footpath No 8, which was diverted as part of the existing permission in 1988. The footpath traditionally ran across the centre of the existing workings linking Hill View Road with the older part of the village of Michelmersh.

5. The Proposal

5.1 Planning permission is sought to extract approximately 178,000 tonnes of clay over a period of eight years at a rate of 20,000-25,000 tonnes per year. The average depth of the clay is four metres although it deepens to the south where there are some pockets predicted to reach about seven metres below existing levels. The clay reserves are shallow along the northern boundar. The actual annual extraction rate would depend upon the demand for the bricks and would be undertaken in four phases of two years each, with two four week periods of extraction taking place each year. The direction of working would be north-south digging into the deeper reserves as the workings progress. The applicant states that this would help mitigate against any noise or dust impacts to the properties on the southern boundary which would be at a higher level than the base of the quarry as it extends towards them. This direction of working would also enable a small low-lying reservoir area to be created in the north-west corner that would collect water shed from the workings. Perimeter bunds would be formed in advance and planted/seeded as appropriate before working commenced. The clay would be hauled at low level on the quarry floor away from the southern properties until it reached a point on the eastern boundary where it would rise from the base of the quarry shielded partly from the existing higher level land to the south, away from the southern properties and crossing over Footpath No. 8 on a hard-surfaced and signposted crossing. The footpath crossing could be through a natural gap in the existing hedgerow before dropping down into the exiting quarry floor adjacent to the rear of the Brickworks. The site would be progressively restored as far as is practicable at low level to agriculture over a period of two years, which would include regrading of the quarry floor.

5.2 The haul road would only be in use during the periods when the clay is being extracted. Outside of these periods and the working hours during extraction, the crossing gates into both the existing and proposed extraction areas would be shut and locked.

5.3 Once extracted, lorries would take the clay to the existing clay stockpiles on the eastern edge of the existing quarry for storage alongside existing stockpiles. The rate of working during extraction periods would be about 2,500 tonnes per week: an average daily rate of 500 tonnes. This represents approximately 25 20 tonne lorry loads per day, or 50 movements, resulting in about one load crossing the footpath every ten minutes over the working day.

5.4 The proposed hours of working would be 08:00-18:00 Monday to Friday and with no working on Saturday, Sunday or recognised public holidays unless previously agreed with the County Council. The applicant states the proposed hours are more restrictive than those currently permitted for the existing workings that allow operations on Saturday mornings with an earlier start time.

5.5 The proposal would not affect the exiting brickwork traffic as it would not involve any traffic accessing or egressing onto Hill View Road. The existing Brickworks would continue to operate as normal throughout the extraction of the site.

5.6 The applicant adds that in response to comments received from the residents of Hillcrest and The Thatched Cottage, two options were considered for dealing with the storage of overburden and soil. One option was to form a three metre bund on the southern boundary (two metres in front of the engineering works) which would help mitigate against noise or dust to adjacent residents. However this option would partially block views across the landscape from The Thatched Cottage. The proposed option is to remove part of the southern bund to preserve the residents' views which, according to the applicant, is what the residents would prefer.

5.7 The machinery working at the site would normally comprise a bulldozer or scraper and a 360 degree excavator.

5.8 Advanced planting is proposed to take place in the first planting season following the approval of any planning permission. It is suggested that by starting extraction in the northern part of the site this will give time for the planting to establish and mature in readiness for when extraction gets closer to the properties on the southern boundary. Woodland planting proposed on the eastern boundary would remain as a permanent feature of the proposed restoration. Hedgerow trees planted around the western and northern boundaries would remain. The applicant states this planting is in accordance with the local landscape pattern of wooded farmland and follows the strategies proposed in the Test Valley.

5.9 Following excavation, the site would be restored at low level to agriculture. The final restoration would include the removal of the haul road crossing, and the removal of the gates and the reinstatement of the temporary gap in the hedgerow crossing. As much of the available material as possible stored around the site would be moved towards the south and south-eastern edge of the site, to reduce gradients and help mitigate against any landscape impacts to the listed building and its setting and the gardens of those dwellings that border the southern site boundary. Also this is the high point of the site and woodland planting would help enhance the restoration in context of the local landscape character. Aftercare would be carried out for a period of five years following the completion of restoration.

6. Environmental Statement

6.1 An Environmental Statement has been submitted with the application as required by the Environmental Impact Regulations (England and Wales) 1999 as amended. This statement concludes the following under each of the topic areas outlined below:

Landscape and Visual Impact

6.2 This study concludes that with proposed screen bunding, advance planting, strengthening and maintenance of existing hedges there would be no significant impacts during the working of the quarry with the possible exception of views from the first floor windows of The Thatched Cottage and `Hillcrest'. The proposed low level restoration would incorporate planting that would not only help to mask or screen the landscape changes, but would also provide long term landscape improvements. This would be in accordance with the requirements of the Test Valley Landscape Character Assessment.

Hydrology and Hydrogeology

6.3 This study concludes that the only water feature or water supported feature that could have been impacted upon would have been the River Test SSSI but due to its 1.3 kilometre distance from the site, and the absence of any proposed operational de-watering, it is concluded that it is unlikely there would be any adverse impact caused by the clay extraction. The quarry extension effectively represents a continuation of existing practices and it is considered unlikely that the quality of water discharged off-site would alter from the current situation but enhancement of the current water management system is proposed that would actually improve the quality of water discharged off-site. A diversion would be required to a culvert stream that flows under and alongside the northern site boundary but this could be satisfactorily achieved by the excavation of an open ditch around the northern site boundary.

6.4 As there will be no working below the water table, the proposal will have negligible impact on the Water Works.

Geotechnical, including Vibration

6.5 This study concludes that subject to the proposed stand-off margins, excavated and restored slope gradients and the proposed working depths, it is considered there would be no adverse impact caused to the stability and security of adjacent properties, due to excavation instability or ground settlement. With regards to vibration it is considered that vibration magnitudes are currently below the criterion for damage and in the future this will remain the same provided that the stand-off recommended distance for the garage at The Thatched Cottage is maintained.

Archaeology

6.6 The available evidence indicates the proposed extraction area does have archaeological potential although evidence does not point to the likely presence of an archaeological site of sufficient significance to warrant in-situ preservation. A field investigation and any associated subsequent work should be secured through any permission that may be granted. The setting of the listed Thatched Cottage would only be impacted upon very temporarily during working and this would be put back satisfactorily once restoration had taken place.

Ecology

6.7 This study concludes that no adverse ecological impacts are likely on habitats of ecological value so long as the proposed mitigation is undertaken and the precaution proposed will ensure that no protected species are harmed. The only action needed to ensure that existing ecological features on the site are not harmed is to time the removal of the hedgerow for the haul route crossing outside of the bird breeding season.

Noise

6.8 This report concludes that with bunding in place noise levels are predicted to be 50dBA or less when measured at the nearest noise sensitive property. Specific mitigation measures are considered unnecessary. Mitigation measures are already proposed, such as monitoring and maintaining plant and machinery, phasing of the works, etc. In the context of MPS2 guidance, none of the proposed activities with or without the proposed bunds would be likely to exceed the upper permissible threshold of 70dBA (allowable for up to eight weeks per year). The bund if implemented would enable compliance with the normal 55dBA year round limit to be achieved. This limit would be achieved anyway for Phases 1, 2 and part of 3 with all of Phase 4 generating higher levels in the low 60s dBA. It is recommended that residents' wishes be accommodated and show the bund only as a future option to be implemented as and when residents consider noise levels have reached unacceptable levels.

Access and Traffic

6.9 This study concludes the proposal would have no impact on the level or pattern of traffic generation. The existing voluntary arrangements requiring lorries to travel to and from the site only via Hill View Road to the west of the site would continue as effective mitigation to protect the amenity of village residents. To protect the amenity and safety of the users of Footpath No. 8 the haul route crossing should include advance warning signs and a safe crossing platform.

Dust

6.10 It is not considered that the site operations would provide any significant source of dust emissions, and practical mitigation measures would be employed to ensure dust is kept to a minimum which can be secured through planning conditions on any permission that may be granted.

Alternatives

6.11 This study concludes that the only other alternative site was that previously rejected by the Planning Inspector in the mid-1990s to the north of the existing quarry nearer the Michelmersh Conservation area, hence the fact that this site was not considered in preference to the proposed site. Schemes relating to full and partial infilling were rejected on the grounds that the traffic particularly associated with the need to import inert fill would cause a significant adverse impact on the amenities of local residents, especially those living along the traffic route.

6.12 Overall the Environmental Statement concludes that the proposals will have limited adverse effects during working The restoration would result in a permanent change to the landform but has been designed to avoid discord with the surrounding landscape, and includes extensive planting that will mask the landform and enhance the landscape in the long term.

7. Development Plan

7.1 Hampshire Portsmouth and Southampton Minerals and Waste Local Plan Policies 1 (need to ensure adequate supply of mineral), 6 (need for mineral balanced against environmental impacts), 7 (development pays due regard to amenity, landscape, traffic and other potential impacts), 14 (restoration and aftercare), 27 (Preferred Area 9 Michelmersh Brickworks) and 28 (need for mineral where sites proposed outside of preferred area) apply.

7.2 Hampshire County Structure Plan Policy MW2 applies. (Permission will be granted for minerals development provided that any adverse impacts are outweighed by a clearly established need for the development and the proposal provides for satisfactory restoration of site to a high standard compatible with the local landscape and suitable for an agreed beneficial after-use.)

7.3 Hampshire, Minerals and Waste Core Strategy Policies DC1 (Sustainable Development), DC3 (Impact on Townscape and Landscape), DC4 (Historic Heritage), DC7 (Biodiversity), DC8 (pollution, health, quality of life and amenity), DC9 (Public Safety), DC10 (Water Resources), DC12 (Restoration and After-care) and DC17 (extraction of clay for brickmaking) apply.

7.4 Test Valley Local Plan Policies ENV 17 (protection of the Conservation Area covering the part of Michelmersh village); DES01 (landscape character), DES08, (trees and hedgerows) and DES10 (new landscaping) apply.

7.5 Minerals Policy Statement I (MPSI) published November 2006.

7.6 Regional Planning Guidance for the South East (RPG9) - Minerals and Waste Alterations approved in June 2006. Policy M4 (retention of permanent reserve of clay for brick and tile product manufacture).

8. Consultations

8.1 The local Member, Councillor Woodhall, has been informed of the application.

8.2 Michelmersh Parish Council raises no objection to the application but wants to ensure that the land is properly restored with no lakes or ponds left after the restoration.

8.3 Environmental Health Officer does not disagree with the applicant's conclusions on noise given in the addendum report AS3803/NIA2 (dated 17 May 2007) assuming that the proposed change to remove the southern boundary bund altogether does actually reflect the views of all local residents as stated by the applicant. However his preference is to retain a bund, for purposes of providing noise mitigation to benefit affected residents. He adds that if all affected residents have expressed a preference for no bund on the basis that they value their outlook more than the protection from noise, then of course he would respect this but he is concerned as to whether this change to the proposal accurately reflects the views of such residents.  In conclusion the Environmental Health Officer agrees with the applicant that if permission is granted for the scheme without the bunds adjacent to the southern boundary, a condition should be attached to such a permission which makes provision for requiring bunding within a reasonable timeframe if circumstances should change.

8.4 Test Valley Borough Council raises objection to the application on the following grounds:

(i) the proposed landscaping scheme, in terms of the location of planting, the amount of protection and the type of trees/landscaping proposed, is considered unacceptable and inappropriate and will have a detrimental impact on the landscape character of the area which is contrary to Test Valley Borough Local Plan (June 2006) Policies DES01 (landscape character) DES08 (trees and hedgerows) and DES10 (new landscaping); and

(ii) the proposed mitigation measures, such as the bund screens and boundary treatment, are considered to be inadequate to screen the proposed development from the neighbouring residents and may by their own right incur additional impact on the amenities of these residents in terms of visual intrusion and dominance. These elements are therefore considered to be contrary to Test Valley Borough Local Plan (June 2006) policies DES01 (landscape character)and DES06 (scale, height and massing).

8.5 Environment Agency raises no objection to the application subject to condition requiring a surface water drainage scheme to be submitted and approved by the Mineral Planning Authority before development commences.

8.6 Highways Adviser raises no objection to the application.

8.7 Rights of Way states that if the application were to go ahead without any control measures the development would have a significant detrimental effect on Michelmersh Footpath No. 8, which runs along the border between the existing and new works, and would be crossed by the new access road.

8.8 Rights of Way states Footpath No. 8 is already in parts in a poor condition. Sections of the path have been washed away due to the steep bank on the workings side of the path, and this is likely to worsen should the new workings proceed, as the path will eventually be left on a ridge of land with slopes on both sides.

8.9 If it is not possible to reinstate the footpath now across its original alignment because the existing quarry is not yet satisfactorily restored, then works need to be done to the footpath to stabilise it before any development commences. This could be dealt with by way of a pre-commencement planning condition.

8.10 In addition the new access road will cross the footpath and, similarly, if permission is granted no development should go ahead until details of the crossing point surfacing and signs have been agreed.

8.11 Open Space Society Hampshire has been informed of the application.

8.12 The Ramblers' Association has been informed of the application.

8.13 Southampton Airport raises no objection to the application.

9. Representations

9.1 At the time of writing this report no objections had been received to the proposal but two local residents of Haccups Lane and Hill View Road, Michelmersh raise concerns on the following grounds:

(i) potential increased noise and visual impact created in particular by the proposed haul road. The resident notes that the north-east boundary of the existing quarry has a number of mature trees but little under storey planting, which means that they can see and hear the existing activities very clearly and suggest this area would benefit local residents if it were screened more effectively with a fence, bund or low level vegetation. Proposed landscaping along the northern and western properties of the new extraction area should be made wider and thicker so as to protect views from surrounding areas such as Staff Road; and

(ii) there is no safeguard to prevent the resulting depression being used as a refuse tip site. Such usage would create an increase in heavy traffic on Hill View Road, incapable of supporting additional vehicle movements.

9.2 The occupiers of Hillcrest, Hill View Road, Michelmersh have written in to clarify that they do not wish there to be a bund on their northern boundary.

10. Chief Planning Adviser's Comments

10.1 The main issues raised by the proposals are:

(i) need;

(ii) departure from development plan;

(iii) amenity impacts to local residents;

(iv) landscape impact including impacts on Michelmersh Conservation Area;

(v) highway impacts; and

(vi) ecological and archaeological impacts.

Need

10.2 Michelmersh Brickworks is an established brick-making business using local clay that provides employment to over 100 local people as well as providing high quality handmade bricks used for building works, including numerous heritage restoration projects throughout the county and beyond. The HPSMWLP (adopted 1998) recognises this and accordingly the site subject of this application is identified as Preferred Area 9 in the Plan. The Preferred Area was seen in 1998 as being able to contain sufficient clay of adequate quality to provide for the need of the Brickworks beyond the Plan period. The Hampshire Minerals and Waste Core Strategy was adopted this year and Policy DC 17 supports the allocation of this Preferred Area for the extraction of clay. The need for the extraction of clay is not in dispute.

Departure

10.3 The current application is a departure from the Development Plan because it includes the whole of the current field unit bounded by hedgerows instead of approximately 70% of it as outlined in the current plan where the northern boundary (for a reason unknown) stops short of the northern hedgerow. This is considered to be more of a technical and minor departure for practical reasons rather than a major or unreasonable departure from the Development Plan and is considered necessary in order that a practical scheme of working can be undertaken at the site.

Amenity Impacts

10.4 In the criteria for working outlined in the HPSMWLP it states that permission will not be granted for clay extraction unless the Mineral Planning Authority is satisfied that the area can be worked and restored without causing unacceptable impact. It states that "an evaluation of the potential impact of working, including noise, dust and traffic would be required, together with appropriate measures to minimise any impact on nearby residents. Appropriate margins will be required to safeguard the amenities of the houses to the south of the area." It is noted that originally the applicant applied for bunding along the southern boundary of the site to protect the adjacent residents. However it would appear through liaison between the applicant and the two local residents that border the site that they would rather the bund was not present and their views across the fields were retained even during working. It is noted that the Environmental Health Officer would prefer the bunds to be present but is willing to support the views of local residents so long as there is a condition requiring that they be constructed should it be requested or it is considered an essential need for the bunds arises. It is also noted the Environmental Health Officer is not objecting to the proposal overall. It is considered that if planning permission is granted an appropriate condition could address this issue.

Landscape Impacts

10.5 The landscape impact is a key issue. The proposed low level restoration in this location is far from ideal as it is not possible to secure a restoration scheme within this small field surrounded by hedgerows without detrimentally impacting on the landscape character of the area in some way. In different circumstances this would be considered unacceptable. However, this is not a normal situation. The application is to supply clay for a long established local business. The existing clay pit to provide clay for the Brickworks was granted decades ago and was subject to a review under the Environment Act more recently. Accordingly, the impact on landscape needs to be balanced against the need to ensure that Michelmersh Brickworks can continue operating.

10.6 With regard to the Borough Council's objection on landscape grounds, it relates to the mitigation bunds put forward to prevent noise and dust impacts to nearby residents. It is also noted that despite 23 residents being personally consulted on the application, together with publicity by way of a site notice and paper advertisement and meetings organised as is standard practice by the Parish Council, no actual objections have been received from any local residents nor the Parish Council. It is noted that two residents have expressed concerns, one that post extraction the site is not used as a waste infill site and the second relating to additional landscape mitigation to their property within the Conservation Area of Michelmersh to the east of the existing workings. It is considered that if permission is granted a condition could be imposed requiring that if considered practicable additional planting take place on the eastern boundary of the existing site to help any existing and future visual impacts. With regards to the major issue of infilling, this is not proposed.

Highways

10.7 In relation to highways, no increase is anticipated and it is noted that the Highways Authority is raising no objection to the proposal.

11. Conclusion

11.1 There is an urgent need to extract this clay to enable the Brickworks to continue operating as a local business. It is acknowledged that low level restoration is far from ideal although the application has tried to marry the proposed landform into the landscape to comply with the character of the area and the requirements of local strategies. The balance that needs to be assessed is one of landscape against need. It is recommended that because of the exceptional need situation and taking into account local employment factors and no objections from local residents (whilst acknowledging the landscape objections from Test Valley Borough Council) that permission be granted subject to conditions.

1395/JD

APPENDIX 1

Conditions

Commencement

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

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

Timescale

(2) The extraction of clay shall cease by 30 June 2015 and the site be restored to agriculture in accordance with the schemes approved under Condition (10) within 12 months immediately following the cessation of extraction unless otherwise agreed beforehand by the Mineral Planning Authority in writing.

Reason: To secure the satisfactory restoration of the site.

Working Programme

(3) Unless otherwise agreed in writing by the Mineral Planning Authority the working of the site shall be carried out only in accordance with the approved working scheme as shown on approved Drawing Number EA04 (as amended by Drawing EA08 which shows removal of the bund south of The Thatched Cottage and Hillcrest as dealt with by Condition (4) below).

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

(4) Bunds on the southern boundary of the Thatched Cottage and Hillcrest shall be implemented in accordance with the working scheme approved under Condition (3) and as amended by Option B as shown on Drawing No. EA08 unless local residents living adjacent to the site, in particular Hillcrest and The Thatched Cottage, consider that there is a need, during the course of working the site, for bunds to be erected on their northern boundaries. Should such a request arise then details for the construction and erection of this bund, and the timing for its future removal, shall be agreed with the Mineral Planning Authority in writing and the bund implemented on site within 7 days of the request for its construction.

Reason: Whilst those adjacent to the site requested no bunds on the southern boundary adjacent to their properties this condition will ensure that they can be protected should the need arise.

Hours of Working

(5) Unless otherwise agreed in writing by the Mineral Planning Authority in writing no heavy goods vehicles shall enter or leave the site and no plant or machinery shall be operated except between the following hours: 0800-1730 Monday to Friday. There shall be no working on Saturday, Sunday or recognised public holidays.

Reason: In the interests of local amenity.

(6) The site shall be operated and worked for no more than eight weeks in any one year during the agreed periods of operation approved by way of Conditions (2) and (5) of this permission.

Reason: To protect the amenity of nearby residents and the users of the Public Right of Way Footpath No 8.

Footpath

(7) Prior to development commencing a scheme to stabilise the slopes and improve the surface of the existing diverted Footpath No.8 shall be submitted to the Mineral Planning Authority for approval in writing and thereafter implemented in accordance with this approval. No development shall take place on the site until these works have been implemented to Footpath No. 8 to the satisfaction of the Mineral Planning Authority.

Reason: To ensure that the stability of the existing diverted footpath is secured and the route is made safe to the required standards before any development commences on the site and to avoid any future health and safety issues relating to the path.

(8) Prior to development commencing, details of crossing points with public rights of way Footpath No. 8 shall be submitted to the Mineral Planning Authority for approval in writing, and implemented in accordance with this approval. The details shall also include signs warning lorry drivers of the presence of public rights of way as well as warning users of the Rights of Way of the quarrying operations and haul route crossing.

Reason: To safeguard public rights of way and the safety of its users.

Landscape and Restoration

(9) Within the first available planting season following the date of this certificate, advanced planting shall be implemented in accordance with approved Drawing Numbers EO4, EO5 and EO6 and the approved Landscape Specification (12 February 2007). 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 the amenities and the landscape character of the area.

(10) The site shall be restored to agriculture and planted within 12 months of extraction being completed as outlined in Condition (2) above in accordance with approved restoration Drawing Numbers EA04, EA05 and EA06 and the approved landscape specification (12 February 2007). Fencing, maintenance and management of the land shall take place in accordance with this approved landscape specification. 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. Within three months of the date of this permission the following details shall be submitted for approval by the Mineral Planning Authority and shall form part of the approved restoration scheme:

(i) the thickness 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 the quarry clay base to ensure adequate drainage and aeration, such ripping to take place before placing of topsoil; and

(iii) details of proposed seeding.

Reason: To ensure satisfactory restoration.

Protection of Water Environment

(11) 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.

(12) No storage of fuels, oils or chemicals shall take place on the site unless otherwise agreed beforehand by the Mineral Planning Authority in writing.

Reason: To prevent pollution of the water environment.

(13) Prior to mineral extraction commencing a surface water drainage scheme (during working and post-restoration), including the creation of the ditch on the northern boundary to replace the culverted stream below ground within the site (and its reinstatement), shall be submitted to the Mineral Planning Authority for approval in writing and thereafter implemented in accordance with this approval.

Reason: To prevent pollution of the water environment and to ensure the land drains efficiently during the site operations and post-restoration.

Noise and Dust

(14) All vehicles working within the site shall be fitted with `white noise' type low tonal reversing alarms.

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

(15) 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.

(16) Prior to development commencing a dust scheme for the control of dust at the site shall be submitted to the Mineral Planning Authority for approval in writing. The scheme shall be implemented as approved for the duration of the site's operation.

Reason: In the interests of local amenity.

Lighting

(17) No external lighting shall be implemented and erected at the site without the prior written approval of the Mineral Planning Authority.

Reason: In the interests of the amenities of the area and because clay extraction would take place during summer as opposed to darker winter months.

Haul Route

(18) No excavation of minerals shall take place until the haul route ramp rising from the quarry to the Footpath No. 8 has been constructed in a location and to details previously approved by the Mineral Planning Authority in writing.

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

Archaeology

(19) 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 planning authority.

Reason: In the interests of archaeology.

Nature Conservation

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

Reason: In the interests of nature conservation.

Restoration

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

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

After-Care

(22) 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 (21) above.

Reason: To ensure the satisfactory restoration of the site.

(23) 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 agriculture shall be submitted for the approval of the Mineral Planning Authority not later than two years from the date of this permission.

Reason: To ensure that the land is satisfactorily restored.

Other

(24) Prior to extraction commencing the limit of the extraction area shall be marked out on site and agreed by the Mineral Planning Authority on site, and shall reflect the approved standoff margins as detailed on working plan EA04 and as clarified in the approved geotechnical report(Mark Pritchard Limited MMBT/QE/GR/1/3 - February 2007) and thereafter implemented in accordance with this approval.

Reason: In the interests of the amenities of local residents, the protection of existing hedgerows and the protection of adjacent buildings and public footpaths.

APPENDIX 2

Annexe to Reasons for Conditions

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

(General Procedure) Order 1995 - as amended)

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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 1

The Mineral Planning Authorities will grant planning permission for minerals development, subject to the requirements of Policies 6-15 and having regard to the provisions of Policies 16-20, to ensure that an adequate supply of minerals is available to meet the needs of the construction industry.

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 14

The Mineral and Waste Planning Authorities will grant planning permission for minerals or waste development provided they are satisfied that:

(i) adequate provision has been made for the satisfactory restoration and after-care of the site to the highest practicable standard so as to be suitable for the agreed beneficial after-use when the operation or use of the site has ceased or the facility has reached the end of its life, which after-use should normally be agriculture, woodland, heathland or other nature conservation or amenity use; and

(ii) in the case of mineral working and waste disposal by landfilling or landraising, the land will be progressively restored within the shortest practicable timescale such that the rate of restoration is as far as practicable commensurate with the rate of extraction and/or disposal and the land will be subject to appropriate after-care to ensure that it is restored to a condition satisfactory for the agreed after-use of the site; and

(iii) the restoration and after-care provisions can be ensured by means of conditions attached to the planning permission or through a planning obligation or other appropriate legal agreement.

Examples of subjects of planning obligations and agreements are cited in Appendix 5.

Policy 27

The Mineral Planning Authority will permit the extraction of clay from land within the following preferred areas, as shown on the proposals map inset maps:

Area 8 - Selborne Brickworks, Selborne; and

Area 9 - Michelmersh Brickworks, Michelmersh;

provided that:

(i) the clay is only to be used for the manufacture of bricks and/or tiles at the adjacent brickworks; and

(ii) there is a need for additional permitted reserves of clay to enable the continued production of bricks and/or tiles at the adjacent brickworks which outweighs any adverse environmental, traffic or other impact that the development would be likely to cause; and

(iii) the development proposals meet the specific criteria for the preferred area as set out in the text accompanying the proposals map inset maps.

Policy 28

The extraction of clay (excluding borrow pits) from outside the preferred areas specified in Policy 27 will not be permitted unless the Mineral Planning Authority is satisfied that there is a clearly established need for the clay for the lining or capping of landfill sites which cannot reasonably and satisfactorily be met from another source and that the need outweighs any adverse environmental, traffic or other impact that the development would be likely to cause.

Hampshire Minerals and Waste Development Framework

Policy DC1 - Sustainable Minerals and Waste Development

Minerals and waste developments will only be permitted if they meet the standards outlined in Policy S1 and, in appropriate circumstances, are designed and constructed to use water and energy efficiently.

Policy DC3 - Impact on Landscape and Townscape

Minerals and waste development will only be permitted if due regard is given to the likely visual impact of the proposed development and its impact on, and the need to maintain and enhance, the distinctive character of the landscape or townscape. If necessary, additional design, landscaping, planting and screening, including planting in advance of the commencement of the development, should be proposed.

Policy DC4 - Historic Heritage

Minerals and waste development will be granted if due regard is given to the likely effects on the need to protect and safeguard sites of archaeological, historical, and architectural importance, and the settings of these sites.

Policy DC7 - Biodiversity

Minerals and waste developments will only be permitted if due regard is given to the likely effects of the proposed development on biodiversity and, where possible, proposals should conserve and enhance biodiversity.

Development likely to adversely impact upon `regionally or locally designated sites or protected species' - designated in adopted Local Plans or Local Development Frameworks - (including Sites of Importance for Nature Conservation (SINCs), Species of Principle Importance for Biodiversity, Regionally Important Geological Sites and Local Nature Reserves) shall only be permitted if the merits of development outweigh the likely impact.

Policy DC8 - Pollution, health, quality of life and amenity

Minerals and waste development will only be permitted if due regard is given to the pollution and amenity impacts on the residents and users of the locality and there is unlikely to be an unacceptable impact on health and/or the quality of life of occupants of nearby dwellings and other sensitive properties. Where necessary minerals and waste developments should include mitigation measures, such as buffer zones between the site and such properties.

Policy DC9 - Public Safety

Minerals and waste developments affected by `safeguarding zones' will only be permitted with due regard to public safety issues, in consultation with the appropriate bodies responsible for managing and/or regulating the relevant site(s).

Policy DC10 - Water Resources

Non-hazardous landfill developments in areas that overlie major aquifers, and Groundwater Source Protection Zones I and II, and mineral extraction or inert landfill in areas that overlie major aquifers and Groundwater Source Protection Zone I will not be permitted .

All minerals and waste developments will only be permitted if they are unlikely to have an unacceptable impact on coastal, surface or ground waters and due regard is given to water conservation and efficiency.

Policy DC12 - Restoration and Aftercare

Mineral extraction, landfill and other appropriate developments will not be permitted unless there is satisfactory provision for the restoration of the site, within a reasonable timescale, for an after use consistent with the general planning objectives of the area.

The restoration and after care of sites should seek to meet two or more of the following planning objectives:

a. Improving public access to the countryside, including public access for disabled people and recreation;

b. Use for management of water resources and/or flooding management;

c. The improvement of biodiversity;

d. Use as back-up grazing for the New Forest;

e. Return to agriculture, forestry or other `open' use recreational facilities.

Proposals for mineral extraction and landfill must include provision for at least five years of aftercare following restoration of the site.

Restoration proposals for mineral workings in Aerodrome Safeguarding Zones should take account of the need for progressive working and restoration, to prevent open water bodies becoming bird roosts.

Policy DC17 - Clay

Extraction of clay, will be permitted provided the site:

a. Is identified for the extraction of clay in the Hampshire Minerals Plan, and the clay is to be used solely for brick-making, or

b. There is a need for additional clay for other uses, such as landfill engineering, and the site is within an existing sand and gravel quarry and the extraction of clay would be incidental to the extraction of sand and gravel, or

c. The proposed development involves a small-scale extension to or deepening of an active clay extraction or landfill site.

Test Valley Borough Council Local Plan

Policy DES 01:

Landscape Character

Development will be permitted provided that:

it can be accommodated without detriment to the distinctive landscape qualities of the area within which it is located;

its visual impact is in keeping with the local character of the area; and

there is sufficient landscaping to enable the development to integrate successfully into the local environment.

Development will not be permitted where it would detract from the local landscape due to the inclusion of unnatural landscape features, such as artificial bunds, or except in the case of landmark buildings the breaking of important skylines or ridgelines.

Policy DES 08:

Trees and Hedgerows

Development will be permitted provided that it would not result in the loss of individual trees, groups of trees, woodlands or hedgerows of amenity or landscape value.

Where development is proposed close to existing trees or hedgerows, it should be designed and located to ensure that their health and future retention is not likely to be prejudiced.

Policy DES 10:

New Landscaping

Development will be permitted provided that new hard and soft landscaping, in conjunction with the retention of existing landscape, wildlife and amenity features where appropriate, is sufficient to enable the development to integrate successfully into the local environment

Policy ENV 17:

Settings of Conservation Areas, Listed Buildings, Archaeological Sites and Historic Parks and Gardens

Development will only be permitted if it would not have an adverse effect on the special character and appearance of the setting of:

a conservation area;

a listed building;

an archaeological site or monument, which is of national or local importance (whether or not it is a Scheduled Ancient Monument); or

a registered historic park or garden.