HAMPSHIRE COUNTY COUNCIL

Decision Report

1. Executive Summary

1.1. Under planning permission BDB32190, sand and gravel material was excavated from the Burnt Common area. In April 2005, permission (BDB/58692), was granted to extend the quarry into land east of Ramptons Lane, eastern extension. This approval included an underground conveyor to transport the mineral to the plant-site where it is processed. A road crossing point was also marked to allow the occasional movements of plant between the areas at the start and finish of the day.

1.2. Extraction has moved to phase three and four. The quality of deposit is poor as the clay content has increased and regularly blocks the drive heads of the conveyor, leading to significant delays.

1.3. This proposal seeks to resolve this situation by using the road crossing to transport the extracted material from the excavation area to the processing plant. This has already happened on occasion without the Mineral Planning Authority's permission.

1.4. The main issue with the application is the acceptability of the proposed 96 road crossings a day by large vehicles.

1.5. The Parish Council has objected on three highway points and questioned the maintenance of the conveyor equipment.

1.6. However, there is only light traffic use of the road and one house nearby. Furthermore, with a safety traffic light system and other highway requirements, including restoration of the road to an acceptable condition the proposal is considered to be acceptable.

1.7. Therefore, It is considered that the application would be in accordance with the development plan (summary attached) in terms of highways policy (DC6) and landscape (DC3) and amenity (DC8).

2. Site and proposal

2.1. Planning permission was originally granted for sand and gravel extraction at Mortimer Quarry in October 1995 (BDB32190), this included a processing plant site. In April 2005, planning permission was granted to extend the quarry (BDB/58692) into land east of Ramptons Lane, using the same processing plant. This approval included an underground conveyor to transport the mineral to the plant-site. A road crossing point was also marked to allow the occasional movements of plant between the areas at the start and finish of the day.

2.2. The application site itself is a section of Ramptons Lane that links the eastern extension quarry area (permitted under BDB/58692) and the plant site within Mortimer Quarry to the west. Mortimer Quarry started production in 1998, and has produced over 900,000 tonnes of sand and gravel.

2.3. .Under the permission for the extension, a road crossing point was marked to allow the occasional movements of plant between the areas at the start and finish of the day. Dumper trucks utilise this section of road as a crossing for the transporting of plant and staff.

2.4. The excavated material is transported from the extension area (Fifty Acre Piece) to the existing processing plant (Budds Firs) by underground conveyor.

2.5. The conveyor that transports the material from the excavation area under Ramptons Lane has six changes of direction before reaching the processing plant. Each change of direction requires a drive-head to power that particular section of conveyor. However, the quality of deposit in the area now being worked has an increased clay content so regularly blocks the drive heads of the conveyor. Attempts to overcome this problem with various modifications have been tried without success. As each drive-head can take up to three hours to unblock, and is a frequent occurrence, this is impairing the productivity of the site, and therefore potentially delaying the restoration of the quarry. Accordingly, it is proposed to transport the extracted material across Ramptons Lane using dumper trucks when the conveyor is unusable, to reduce the delays where possible.

2.6. The transportation of material using dumper trucks would result in approximately 48 loads (96 movements) per day which equates to 11 crossings per hour.

2.7. There are currently an estimated 12-16 road crossings per day and so the increase will be approximately 80 more road crossings per day.

3. Development plan

3.1. The relevant part of the development plan is the Hampshire Minerals and Waste Core Strategy 2007: DC6 (Highways), DC3 (Impact on Landscape and Townscape) and DC8 (Pollution etc amenity).

4. Consultations

4.1. The Local Member, Councillor Chapman has no objection subject to road repair condition.

4.2. Basingstoke and Deane Borough Council raises no objection to the application subject to no adverse comments being received from the Highway Authority as to the suitability of the design of the proposed traffic signals.

4.3. West Berkshire District Council offers no comment.

4.4. Environment Agency offers no comment.

4.5. Highway Authority has no objection subject to conditions requiring; temporary traffic signals being installed, repairs to the highway at the road crossing point on Ramptons Lane being carried out prior to commencement and any damage to the highway being repaired.

4.6. Newbury Town Council has been informed and not returned any comment.

4.7. Mortimer West End Parish Council raises objection on the following points:

(i) the condition of the strata is no excuse for the reported malfunction of the conveyor. The applicant has a duty to ensure the proper working and condition of the conveyor in order to meet the working conditions;

(ii) there is no reason for the narrow country road, which is used by local and transiting vehicles, to be subjected to lorry movements which would be a major infraction of the lawful uses of the road, and which will cause severe disruption even with traffic lights. It is almost certain that the flow would not be even;

(iii) the road conditions at the moment have deteriorated since the applicant has been transporting strata over the road instead of by conveyor to an extent that the spoil on the surface of the road poses a hazard to users. Wheel washers will not be sufficient to mitigate this;

(iv) there would be considerable nuisance to neighbouring properties which is entirely contrary to the principle of the permission which was granted for the conveyor itself;

(v) the Council requests that a site visit - unannounced - should take place so that Members can see for themselves the problems that relaxation of conditions would cause.

5. Representations

5.1. There have been no letters of objection received.

6. Commentary

6.1. There are two points in the objection by Mortimer West End Parish Council. The first is the Parish Council challenges the need for the quarry extension material to be moved by lorry. However, no evidence has been submitted to counter the case put forward by the applicant. It appears the quarry operator has done all that can be reasonably expected to make the conveyor work.

6.2. The Parish Council also raise concern over the use of the narrow country road for increased plant crossing, in terms of severe disruption to other road users. However, there has been no objection from the Highway Authority, who are satisfied that there is minimal traffic use of Ramptons Lane and the visibility is considered adequate. There have also been no recorded accidents on this stretch in the past three years. Further safety initiatives will be implemented by means of temporary traffic signals installed at the crossing point.

6.3. It is accepted by the applicant that the condition of the crossing point has deteriorated since the applicant has been transporting material over the road instead of by conveyor. This would be addressed by a condition requiring remediation works prior to the increased lorry movements commencing . Any damage to the road surface at the crossing caused by the increased lorry movements, would also be required to be repaired. This approach is supported by the local County Councillor.

6.4. The Parish Council considers that the proposal will be of considerable nuisance to neighbouring properties. However, Woodland Cottage is the closest property, at approximately 200 metres to the north on Ramptons Lane. The other houses are to the north at Reading Road and south on Welshmans Road, both over 450 metres in distance from the crossing point. Measures to prevent spoil remaining on the road will be conditioned, to prevent the road posing a hazard to users and the crossing will only be used when the conveyor is insufficient. With this in mind and that the short time of use will be conditioned, the limited impacts to the residents are considered to be acceptable.

6.5. It is noted that the conveyor was included in the permission for a purpose, as it minimised use of the road by the quarry vehicles. However, the proposal results in minimal disturbance to road users and the local community as there is only one residential property in the immediate vicinity and additional safety and remedial works will be put in place and maintained.

6.6. In summary, it is considered that the need for the quarry to be worked efficiently outweighs the minimal disturbance to the road users for a limited time and so the proposal is acceptable.

7. Recommendations

7.1. That planning permission for the variation of condition 8 of planning permission BDB/58692 to allow excavated material to be conveyed by dumper truck over Ramptons Lane, Mortimer Quarry, Welshmans Road, Mortimer West End be granted for the following reasons.

7.2. It is considered that the application would be in accordance with the development plan (summary attached) in terms of highways policy (DC6) and landscape character (DC3) and amenity (DC8).

Links to the Corporate Strategy

CONDITIONS

Timescale

1. The use of Ramptons Lane crossing point by vehciles hereby permitted shall cease on or before 30 November 2010. The crossing shall be restored in accordance with the requirments approved under condition 7 within a further period of three months or such longer period as the Mineral Planning Authority may approve in writing.

Reason: To minimise the duration of disturbance from the operations.

2. The extraction of sand and gravel shall cease and the site be restored in accordance with condition (17) by 30 November 2010, unless otherwise agreed in writing by the Mineral Planning Authority.

Reason: To secure the satisfactory restoration of the site.

Restriction of Permitted Development Rights

3. Notwithstanding the provisions of Parts 4, 8 and 25 Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that order):

(i) fixed plant or machinery, buildings, structures and erections or private ways shall not be erected, extended, installed or replaced at the site without the prior agreement of the Waste Planning Authority in writing;

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

Reason: To protect the amenities of the area.

Restriction on Imports

4. No materials from sources outside the site shall be imported for backfilling, storage, distribution, processing or for use in the plant unless previously agreed in writing by the Mineral Planning Authority.

Reason: To minimise lorry traffic generation and duration of dusturbance from the operations at the site.

Highways

5. Unless otherwise agreed in writing by the Mineral Planning Authority no heavy goods vehicles or plant or machinery shall use the road crossing as detailed on Plan B156r/70, except between the following hours: 0700-1600 Monday to Friday. There shall be no working on Saturday, Sundays or recognised public holidays.

Reason: In the interests of local amenity.

6. The development hereby permitted shall not commence until such time as the temporary traffic signals have been installed at the crossing point on Ramptons Lane to the written satisfaction of the highway authority

Reason: In the interests of highway safety.

7. Prior to commencement of operations pursuant to this permission, repairs to the highway at the road crossing point on Ramptons Lane shall be carried out by, and at the expense of, the applicant to a standard agreed with by the Mineral Planning Authority

Reason: In the interests of highway safety.

8. The crossing at Ramptons Lane and the use of the underground conveyor as approved under BDB/58692 shall continue, with the exception that sand and gravel may be transported by vehicles over the Ramptons Lane crossing point (as detailed on Plan B156r/70) in the event that the clay content of the extracted material renders it unsuitable for transportation by conveyor.

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

9. There shall be no access to the extension site other than the crossing of Ramptons Lane approved under Condition 8 above.

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

10. The highway surface of the crossing at Ramptons Lane shall be maintained to the standard as agreed under Condition 7, for the duration of the operations hereby permitted. Any repairs needed shall be by, and at the expense of the applicant.

Reason: In the interests of highway safety.

11. Sight lines of at least 4.5 metres by 210 metres shall be maintained for the duration of the development.

Reason: In the interest of highway safety.

12. The first 30 metres of hard surfacing on the haul road (measured from the highway), and the approved wheel cleaning facilities shall be maintained for the duration of the site's operation. No lorry shall leave the site unless its wheels have been cleaned sufficiently to prevent mud being carried onto the highway. Any mud deposited shall be removed and the highway cleaned by the end of each working day.

Reason: In the interest of highway safety.

13. No lorries shall turn left out of the site or turn right into the site.

Reason: In the interest of local amenity.

Landscaping

14. Any retained trees or shrubs which, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

Reason: In the interests of visual amenity.

15. The trees and hedges on site which are to be retained shall be protected by fencing during site preparation, extraction and restoration.

Reason: In the interest of visual amenity.

Hours of Working

16. Unless otherwise agreed in writing by the Mineral Planning Authority no operation authorised by this permission shall be carried out and no plant or machinery shall be operated except between the following hours: 0700-1900 Monday to Friday; 0800-1300 Saturday. There shall be no working on Sundays or recognised public holidays.

Reason: In the interests of local amenity.

Noise and Dust

17. Noise from operations on the site, including extraction, restoration, processing and haulage, but excluding soil stripping and perimeter bund construction, shall not exceed 55dBLaeq (one hour) (freefield) at any noise sensitive premises. Noise from soil stripping and perimeter bund construction shall not exceed 60dBLaeq (one hour) (freefield) at any noise sensitive premises.

Reason: To minimise noise disturbance for local residents.

18. Dust suppression measures shall be taken at the site. These measures shall include use of vertically directed exhausts, 3 metre high internal perimeter bunds, water bowser available to dampen down the haul roads, speed limit within extension area and use of a 360 excavator to load dump trucks.

Reason: In the interest of local amenity.

Protection of Water Environment

19. 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.

20. 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 greatest. 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.

Restoration

21. The site shall be restored to woodland and heathland in accordance with the details shown on approved Drawing No: B156/TAL/2/Rev.a.

Reason: To ensure satisfactory restoration.

22. 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.

23. No later than 12 months from the cessation of all extraction or such other date as the Mineral Planning Authority may agree in writing that they are no longer required, whichever is the sooner, all plant and machinery, buildings, foundations, hardstandings and access roads no longer required for future use of the site shall be removed.

Reason: In the interests of the amenities of the area.

After-Care

24. Within two years of the date of this consent an after-care scheme specifying the steps necessary to achieve the required standard for nature conservation and forestry shall be submitted to the Mineral Planning Authority for approval in writing. The scheme shall include provision for an annual site meeting to discuss the detailed steps necessary on the restored land. After-care of the site shall take place for a period of five years in accordance with the approved scheme, beginning when restoration is completed in accordance with condition (16) above.

Reason: To ensure the satisfactory restoration of the site.

Annexe to Reason for Conditions

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

(General Procedure) Order 1995 - as amended)

Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (Adopted) 1998

Policy 19

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

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

Area 2 - Bramshill Plateau, Hartley Witney/Eversley;

Area 3 - Roke Manor, Shootash;

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

Area 5 - Bleak Hill, Harbridge;

Area 6 - Plumley Wood and Farm, Ringwood Forest;

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

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

Hampshire Minerals and Waste Core Strategy DPD 2007

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.

DC6 - Highways

Major mineral extractions, landfills and `strategic' recycling, aggregate processing and recovery and treatment facilities, will be permitted provided they have a suitable access to and/or route to the minerals and waste lorry route as illustrated on the Key Diagram. In all cases, minerals and waste development will only be permitted if it pays due regard to the likely volume and nature of traffic that would be generated by the proposal and the suitability of the proposed access to the site and of the road network that would be affected. Consideration should be given to highway capacity, road and pedestrian safety, congestion

and environmental impact, and whether any highway improvements are required and whether these could be carried out satisfactorily without causing unacceptable environmental impact.

Policy E1

Proposals for new development will be permitted provided that they are of

a high standard of design, make efficient use of land, respect the amenities

of neighbouring occupiers, and do not result in inappropriate traffic

generation or compromise highway safety. All development proposals

should therefore:

(iii) not generate traffic of a type or amount inappropriate for roads,

properties or settlements in the locality, and provide safe and

convenient access for all potential users, integrating into existing

movement networks and open spaces;