Archived decisions
HAMPSHIRE COUNTY COUNCIL
Decision Report
Decision Maker: |
Regulatory Committee | ||||
Date of Decision: |
13 January 2010 | ||||
Decision Title: |
Variation of conditions 3 (scheme of working) 5 (scheme of restoration) 25 (date of completion) of Planning Permission 049867M at Marchwood Quarry, Marchwood (Application No. 09/94538) (Site Ref: NF172) | ||||
Decision Reference: |
1162 | ||||
Report From: |
Head of Planning and Development | ||||
Contact name: |
Peter Chadwick | ||||
Tel: |
01962 846728 |
Email: |
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1. Executive Summary
1.1. Planning permission was granted for Marchwood Quarry in 1994, with a condition giving an end date for extraction and tipping of 31 August 2009 with a further six months for restoration. The proposals are to change conditions 3 and 5 of the planning permission to allow removal of sand and gravel from areas within the site, but which were not in the approved extraction area, as a consequence it is proposed to extend the time period for working the site by three years. Whilst mineral extraction from the main site has been completed, it is anticipated that the infilling and completion of restoration would take a further nine years, however the future development of the quarry is under review.
1.2. The issues are whether the additional areas for extraction are acceptable in terms of nature conservation and amenity, the impact on highways and the restoration of the site.
1.3. It is considered that an extension of time for three years would enable the quarry to continue operation and allow time for a review of the future development of the quarry. It is considered that the proposal would be in accordance with the development plan (summary attached) in that it involves small scale extension of an existing active site (DC15), there is the need to complete restoration (DC3, DC12 ) and the additional period would not have an unacceptable amenity impact (DC8), highways impact (DC6) or affect sites of nature conservation importance (DC2).
2. Site and proposal
2.1. Marchwood Quarry, as shown on the attached plan, is located to the north west of Marchwood village. It lies between the railway line, Trotts Lane and Marchwood Road/Bury Road. Planning permission for sand and gravel extraction was granted in November 1994, subsequently planning permission was granted to extend the site up to Tavells Lane in August 2004. Access is onto Marchwood Road, and there is a lorry routeing agreement directing lorries away from Marchwood Village. The nearest houses are along Trotts Lane, the nearest one being about 40 metres from the edge of the site.
2.2. Eling and Bury Marshes Site of Special Scientific Interest (SSSI), Solent and Southampton Water Special Protection Area/RAMSAR (SPA/RAMSAR) and Solent Maritime Special Area of Conservation (SAC) lie on the other side of Marchwood Road/Bury Road.
2.3. The proposal is to change conditions 3 (scheme of working) 5 (scheme of restoration) 25 (date of completion) of the planning permission.
Condition 3
2.4. Condition 3 states:
"No extraction or tipping shall take place except in accordance with a scheme of working and tipping agreed by the Minerals Planning Authority in writing and submitted to them within 6 months from the date of this permission and such scheme shall include provision for:
a) Determining the depth, direction, method and phasing of working and tipping including the machinery to be used;
b) defining the boundary of the excavation and tipping area and the slope angles of the banks of the excavations and tipped area;
c) the stripping of the topsoil and their storage separately one from the other;
d) the disposal of water from the site, the natural or artificial drainage of the site during operations and the protection of aquifers;
e) the fencing of the site;
f) measures to be taken to minimise compaction of soil during stripping, stockpiling and respreading operations."
2.5. The change to condition 3 would be to vary the approved scheme of working to enable the extraction of mineral from areas within the site but previously excluded from the extraction area. These areas are the 100 metre standoff from Sparrows Copse, and the areas either side of the access road near the entrance. It is estimated these areas would provide about 100,000 tonnes of sand and gravel, extraction would take 18 months, with a further six months to infill (the void would be about 65000 cubic metres) and restore back to agriculture.
Condition 5
2.6. Condition 5 states:
"The site shall be progressively restored to agriculture in accordance with a scheme agreed by the Minerals Planning Authority in writing, such scheme shall be submitted to the Authority within 1 year from the date of this permission and shall include details of:
a) the date by which each phase of restoration shall be completed;
b) the method, staging and timing of the filling operations;
c) the planting of trees or shrubs on the site;
d) measures to be taken to drain the restored site;
e) facilities for monitoring and control of landfill gas and liquid leachate."
2.7. The change in Condition 5 would be the change to the restoration scheme as a result of the proposed change to the scheme of working to extract the additional areas.
Condition 25
2.8. Condition 25 states:
"The winning and working of minerals and tipping operations hereby permitted shall cease on or before 31st August 2009 and the site shall be restored in accordance with the scheme approved under condition 5 above within a further period of six months or such longer period as the Mineral Planning Authority may approve in writing."
2.9. The applicant states that planning permission was given for an extension of the site in 2004 adjacent to Tavells Lane and that as this area was closer to housing priority was given to the restoration of this area. Therefore the restoration of the main quarry was put on `hold'. In addition increased recycling of inert wastes and the change in market conditions has reduced the quantity of suitable infill material available for restoration. The result has been to delay both the restoration of the extension area and the main quarry. Therefore a variation of condition to extend the time period has been submitted for both the main quarry and the extension.
2.10. Consequently a period of three years is requested to enable completion of the extension area and additional extraction within the main quarry. However further time will be required to complete infilling and restoration of the main quarry which is likely to take about nine years although the development programme is under review.
2.11. The applicant concludes that the current workings have taken place without giving rise to any material adverse environmental impacts. The change to the working scheme enables working the remaining reserve and avoids its sterilisation without giving rise to any unacceptable impacts. The extension of time is also due to restoration of the main quarry being put on `hold' coupled with a reduction in the availability of suitable inert fill material.
2.12. The application is accompanied by an Ecological Survey Report in relation to the additional areas proposed for extraction. This report concluded that without mitigation there is potential for significant ecological impact for Dormouse, common reptiles, breeding birds and the eastern boundary of Sparrows Copse. Therefore the report recommends mitigation, in terms of a 10 metre buffer strip from Sparrows Copse, five metre buffer from hedgerow, additional monitoring for Dormouse and common reptiles, no removal of trees or shrubs in the bird nesting season and additional tree and shrub planting as part of the restoration. The applicant confirms that this mitigation forms part of their proposals.
3. Development plan
3.1. Hampshire Portsmouth Southampton and New Forest National Park Minerals and Waste Core Strategy policies DC2 (Sites with International and National Designations), DC3 (Impact on Landscape and Townscape), DC6 (Highways), DC7 (Biodiversity), DC8 (Pollution, Health, Quality of Life and Amenity), DC12 (Restoration and Aftercare), DC14 (Landfill) and DC15 (Sand and Gravel) are relevant.
4. Consultations
4.1. Councillor Harrison raises objection on the grounds of the continuation of Heavy Goods Vehicles (HGV) movements to and from the site.
4.2. New Forest District Council raises no objection.
4.3. Highway Authority comments that accident data for the area has been examined and there have been no accidents attributable to the sites operations, and the level of movements including those associated with the infilling and cement plant are not considered to have a significant effect on the highway. The application boundaries are the same, there are no material changes to the operations, access or parking. Therefore no objection raised subject to condition to prevent mud and debris from being deposited on the highway.
4.4. Natural England raises no objection and comment that, either alone or in combination with other plans or projects, it would not be likely to have a significant effect on the interest features of the Solent and Southampton Water Special Protection Area/RAMSAR site and Solent Maritime Special Area of Conservation or any of the features of interest of the Eling and Bury Marshes Site of Special Scientific Interest.
4.5. New Forest District Council Environmental Health Officer raises no objection subject to existing conditions regarding noise and dust remaining.
4.6. Environment Agency raises no objection.
4.7. Marchwood Parish Council supports, but would request that the applicants/landowners carry out an ecological viability survey to see if one of the ponds could remain to support the wildlife that inhabits the site.
4.8. Totton and Eling Town Council is concerned that in the light of a recent fatal accident involving a cyclist and a lorry in Jacobs Gutter Lane at the junction with Trotts Lane, Eling, that they would strongly oppose the extension of quarrying activities as proposed to December 2021. Members have extreme concerns with regard to the current and potential increase in HGV movements, environmental issues and potential for a decrease in the quality of life for residents due to the ongoing activities. In addition, members would call for an urgent improvement in cycle lanes in this area.
4.9. New Forest National Park Authority, as neighbouring authority, raises no objection to the proposed extension of time subject to suitable alternative conditions to replace conditions 3 and 5.
4.10. Southampton Airport has no aerodrome safeguarding objection subject to restoration condition.
5. Representations
5.1. Four letters have been received from local residents raising strong objections, these are on the grounds that:
(i) on granting the original permission for the quarry, residents were assured that in 15 years it would go back to agriculture. Changing extraction area now is unfair and going back on previous assurance;
(ii) assurances were given that a 100 metre gap would be left between the woods and the workings, due to the wildlife and homes in the area. The rest of the wildlife in these precious woods would be put at risk by works coming even closer. The heronry in the woods is no longer there as a result of the workings;
(iii) further extraction is not needed as the `Plumley Wood' site has six million tonnes of minerals and the need for gravel will further diminish with increased construction waste recycling;
(iv) the limited amount of aggregates left in these small areas does not justify the impact of the working to wildlife, local residents, noise, dust and traffic. Extending the boundary will be detrimental to lifestyles of local residents who have already put up with 15 years of noise, dust and traffic;
(v) traffic in Jacobs Gutter lane has already been drastically increased due to the growth of the Marchwood Industrial Estate and the introduction of the incinerator and Power Station;
(vi) potential impact for gas pipeline crossing the site.
6. Commentary
6.1. The additional mineral extraction is small scale, but would maximise the working of the mineral reserves within the existing permitted site, so preventing sterilisation of the reserve. There is also a need to ensure that the restoration of the main quarry will be to the appropriate standard. The main issues are whether the additional areas for extraction are acceptable in terms of nature conservation and amenity, the highways impact, whether the extension of time is reasonable.
6.2. The areas proposed for additional extraction are within the planning permission. They were originally excluded from the extraction area primarily for nature conservation reasons to prevent disturbance to Sparrows Copse and the small woodland alongside Marchwood Road . There were heronries in these areas of woodland, but no longer. There is however, still nature conservation interest and the potential for disturbance to wildlife, particularly protected species, is assessed in the Ecological Survey Report. The mitigation measures proposed would address this potential impact, and can these be secured by condition.
6.3. This proposal would bring workings closer to the houses along Trotts Lane. However the working of this area would completed within a three year period and so the impact of working these additional areas would be temporary. The further restoration would be within the main quarry further away from the houses.
6.4. The access arrangements are acceptable, and the proposal would not increase lorry traffic, although it would extend the period of lorry traffic from the site. Whilst the concern about lorry traffic going to and from Marchwood is appreciated, there is a lorry routeing agreement directing traffic away from Marchwood village.
6.5. Whilst mineral extraction has been substantially completed within the main quarry, there is a need for restoration over a large area. The applicant states that the future development programme is under review and requested an extension of time up to 2021 to complete the site and its restoration. In view of this review and the current economic uncertainty it is considered that there should be further discussion over this timescale. However it is clear that there is the need for additional time for restoration as the current permission required completion of extraction and tipping by 31 August 2009 with the further period of six months for restoration. Therefore it is considered that a shorter extension of time of three years is recommended to enable ongoing operations at the site to continue. This period will enable discussion between the applicant and the County Council over the future development programme for the quarry.
6.6. In conclusion there is a clear need, in terms of restoration, for an extension of time to continue working at the site. The proposed additional extraction areas within the site would prevent sterilisation of resources and provide a small additional contribution to sand and gravel reserves. The working of the additional areas would be closer to housing and closer to areas of nature conservation interest. However, with mitigation secured by conditions there would not be an unacceptable impact. The main highways impact would be the continuation of the existing traffic levels from the site over a longer period. However there is uncertainty of the future development programme for the quarry and a short term extension would enable the site to continue whilst enabling further discussion over the development programme. Therefore a three year extension of time is recommended.
7. Recommendation
7.1. That planning permission in respect of Variation of conditions 3 (scheme of working) 5 (scheme of restoration) 25 (date of completion) of Planning Permission 049867M at Marchwood Quarry, Marchwood (Application No. 09/94538) (Site Ref: NF172) be granted subject to the conditions set out in integral Appendix B.
2244Rpt/PDC
Links to the Corporate Strategy
Hampshire safer and more secure for all: |
no |
Corporate Business plan link number (if appropriate): | |
Maximising well-being: |
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Enhancing our quality of place: |
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Section 100 D - Local Government Act 1972 - background documents | |
The following documents discuss facts or matters on which this report, or an important part of it, is based and have been relied upon to a material extent in the preparation of this report. (NB: the list excludes published works and any documents which disclose exempt or confidential information as defined in the Act.) | |
Document |
Location |
Variation of conditions 3 (scheme of working) 5 (scheme of restoration) 25 (date of completion) of Planning Permission 049867M at Marchwood Quarry, Marchwood (Application No. 09/94538) (Site Ref: NF172) |
Planning and Development Environment Department Elizabeth II Court west |
CONDITIONS
Timescale
1. The winning and working of minerals and tipping operations hereby permitted shall cease on or before 31 August 2012 and the site be restored in accordance with the schemes approved under condition 15 below within a further period of six months, unless otherwise agreed in writing by the Mineral Planning Authority.
Reason: To secure the satisfactory restoration of the site.
Working Programme
2. No extraction or tipping shall take place except in accordance with the approved scheme of working and tipping, such scheme includes provision for:
a) determining the depth, direction, method and phasing of working ad tipping including the machinery to be used;
b) defining the boundary of excavation and tipping area and the slope angles of the banks of the excavations and tipped area;
c) the stripping of topsoil and their storage separately one from the other;
d) the disposal of water from the site, the natural or artificial drainage of the site during operations and the protection of aquifers;
e) the fencing of the site;
f) measures to be taken to minimise compaction of soil during stripping, stockpiling and respreading operations.
Reason: To ensure the development is carried out in a properly phased manner with a minimum of detriment to the character and amenities of the areas.
3. The established survey points shall be retained for the life of the permission.
Reason: To facilitate the monitoring of the development and to ensure the land is capable of restoration in accordance with the approved details.
4. No excavation shall take place within 25 metres of the boundary of the site adjacent to the railway line, and no topsoil or overburden mounds shall be situated within 10 metres of the boundary of the site adjacent to the railway line.
Reason: In the interest of rail safety.
Highways
5. The first 30 metres of haul road as measured from the highway shall be surfaced with concrete or tarmacadam and measures taken to ensure that lorries leaving the site do not carry mud or debris onto the highway.
Reason: In the interest of highway safety.
6. Wherever public rights of way cross haul roads signs shall be erected top warn drivers and users of the public right of way. The signs shall be maintained for the duration of the development.
Reason: To minimise risks to users of the public right of way.
Hours of Working
7. Except with the prior approval of the Mineral Planning Authority in writing, no operations authorised or required by this permission shall be carried out and plant shall not be operated, other than during the following hours: between 0700 and 1800 hours Mondays to Fridays; 0700 and 1300 hours on Saturdays. There shall be no working on Sundays.
Reason: In the interest of the amenities of the area.
Noise dust and odour
8. Noise from the operations at the site including both fixed plant and mobile machinery, shall not exceed 55 dB(A) LAeq (1hour) as measured at the boundaries, and the operators shall take such measures, including the insulation of fixed plant, the silencing of vehicles and mobile machinery and the provision of acoustic screening as may be necessary to ensure that these noise levels are not exceeded.
Reason: To minimise the noise disturbance experienced by neighbouring residents.
9. The approved fume and dust suppression measures shall be implemented for the duration of the development unless otherwise agreed in writing by the Mineral Planning Authority.
Reason: To safeguard the local environment.
Protection of Water Environment
10. Any above ground oil/chemical storage tanks and associated pipework shall be sited and bunded in a manner so as to retain any spillage.
Reason: In order to prevent pollution to groundwater.
11. No materials shall be imported for backfilling of the site other than excavated earth spoils and inert construction waste site unless otherwise agreed in writing by the Mineral Planning Authority in writing.
Reason: In order to prevent pollution to groundwater.
12. The approved water monitoring scheme shall be implemented as approved unless otherwise agreed in writing by the Mineral Planning Authority in writing.
Reason: In order to monitor flows to the adjacent Site of Special Scientific Interest.
Landscape
13. The approved scheme of landscaping shall be implemented as approved.
Reason: In the interests of local amenity.
14. Chestnut pale fencing (or other type of fencing approved by the Mineral Planning Authority) of height not less than 1.2 metres shall be erected around each tree, tree group or hedgerow to be retained on site at a radius from the trunk of not less than five metres or the crown spread whichever is the greater. Such fencing shall be maintained during the course of the development.
Reason: To protect the trees and hedgerows to be retained on site.
Nature Conservation
15. There shall be no working within 10 metres of Sparrows Copse, and no working within two metres of the retained hedgerows. The mitigation measures proposed in the Ecological Survey Report shall be fully implemented, including the mitigation for dormouse and reptiles. There shall be no removal of trees or shrubs during the bird nesting season (March to August) unless previously agreed in writing by the Mineral Planning Authority.
Reason: In the interests of nature conservation.
Restoration
16. The site shall be progressively restored to agriculture in accordance with the approved scheme, which includes details of:
a) the date by which each phase of restoration shall be completed;
b) the method and timing of the filling operations;
c) the planting of trees and shrubs on the site;
d) measures to be taken to drain the restored site;
Reason: To ensure the site is satisfactorily restored.
17. Not later than six months from the cessation of all extraction and tipping or such other date as the Mineral planning Authority may agree in writing that they are no longer required in connection with this planning permission whichever is the sooner, all plant and machinery, foundations, hardstandings and access roads no longer required in connection with the workings, restoration or future agricultural use of the site, shall be removed from the site.
Reason: In the interests of the amenities of the area.
After-Care
18. After-care of each restored area of land shall take place for a period of 5 years in accordance with the approved outline and detailed schemes, beginning when restoration is completed in accordance with condition 5.
Reason: To ensure the land is correctly husbanded.
19. The aftercare scheme includes provision for an annual site meeting to discuss the detailed steps necessary on the restored land. No later than four weeks before each annual meeting a detailed aftercare scheme shall be submitted to the Mineral Planning Authority.
Reason: To ensure the restored land is correctly husbanded.
Annexe to Reasons for Conditions
(as required by Article 22 of the Town and Country Planning
(General Procedure) Order 1995 - as amended)
Hampshire Minerals and Waste Core Strategy DPD 2007
(POLICIES AS APPROVED)
DC2 - Sites with International and National Designations
Minerals and waste development, which is likely to prejudice the purpose of the following designated sites and their settings, will not be permitted unless the reasons for development outweigh the likely adverse impact, taking into account the requirements of relevant legislation and guidance.
Internationally Designated Sites:
European Sites (Special Protection Areas, proposed Special Protection Areas, Special Areas of Conservation, proposed Special Areas of Conservation) and Ramsar sites (Wetlands of International Importance );
Nationally Designated Sites:
The New Forest National Park, the proposed South Downs National Park and Areas of Outstanding Natural Beauty; National Nature Reserves, Sites of Special Scientific Interest; Scheduled Ancient Monuments; Listed Buildings, and sites on the National Register of Parks and Gardens of Special Historic Interest; Registered Battlefields.
In all cases, applications will be subject to the most rigorous examination.
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.
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 Principal Importance for Biodiversity, Regionally Important Geological Sites and Local Nature Reserves) shall only be permitted if the merits of development outweigh the likely impact.
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.
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;
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.
DC14 - Landfill
Planning permission will be only be granted for landfill provided the site:
a. Is identified for landfill use, as part of the restoration of a mineral site, in the Hampshire Minerals Plan, or pending its adoption is an existing or proposed un-restored mineral void, and in the case of non-hazardous landfill is within the landfill potential area shown on the Key Diagram, and
b. Appropriate provision is made for the pre-treatment or sorting of waste, either on or off site, to substantially reduce its biodegradable and recyclable content, and
c. It does not pose an unacceptable environmental risk, including risk to groundwater, and
d. It is close to, and with good access to, the minerals and waste lorry route, as shown on the Key Diagram.
DC15 - Sand and Gravel
Sand and gravel extraction will be permitted, provided the site:
a. Is identified for sand and gravel extraction in the Hampshire Minerals Plan or pending its adoption, is within the Mineral Resource Area shown on the Key Diagram, or
b. The proposed development involves a small-scale extension to or deepening of an active sand and gravel extraction site, and
c. Hampshire's landbank indicates there is a need for sand and gravel which cannot reasonably be met from identified sites and locations and it can be shown that working such land would be equally acceptable to working within an identified site or location, and
d. Is not within or would not have an unacceptable impact upon the New Forest National Park, the proposed South Downs National Park or Areas of Outstanding Natural Beauty, and
e. The proposals include restoration opportunities for increasing biodiversity or access to public open space, or help to meet other planning objectives, and
f. Where necessary, proposals for landscaping and planting (prior to operation)are included, and
g. Is close to, and with good access to, the minerals and waste lorry route illustrated on the Key Diagram.