Archived decisions

HAMPSHIRE COUNTY COUNCIL

Decision Report

1. Executive Summary

1.1. Planning permission (76732) was granted in August 2004 for the winning and working of sand and gravel with progressive reclamation by importing and spreading of inert waste to restore to farmland, as an extension to Marchwood Quarry. Condition 2 of the planning consent required the completion of extraction and tipping by 31 December 2009.

1.2. The application is for an extension of time for a further 12 months for working and restoring this extension.

1.3. It is considered that the proposal would be in accordance with the development plan (summary attached) in that 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). The recommendation is to grant planning permission.

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. Access is onto Marchwood Road. 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.

2.2. Planning permission for sand and gravel extraction at Marchwood Quarry was granted in November 1994, subsequently planning permission was granted to extend the site up to Tavells Lane. This planning permission (76732) for the winning and working of sand and gravel with progressive reclamation by importing and spreading of inert waste to restore to farmland, as an extension to Marchwood Quarry, was granted in August 2004.

2.3. Condition 2 of the planning permission states:

"The winning and working of minerals and tipping operations hereby permitted shall cease on or before 31 December 2009 and the site shall be restored in accordance with the scheme approved under condition 11 within a further period of six months or such longer period as the Mineral Planning Authority may approve in writing."

2.4. The proposal is for an extension of time for working and restoring this extension site from 31 December 2009 to 31 December 2010.

2.5. Working at the site is substantially completed, but the recent and sudden downturn in construction has had a noticeable impact on progress with the site, consequently an extension in time for a further year, to 31 December 2010, is requested. No other changes are proposed.

2.6. The application is part of the overall review of operations at Marchwood Quarry, which are the subject of other planning applications, which are on the agenda of this Committee.

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. The Local Member, Councillor Harrison, raises objection on the grounds of the continuation of HGV movements to and from the site.

4.2. New Forest District Council - comments awaited.

4.3. Highway Authority raises no objection.

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 SPA/RAMSAR site and Solent Maritime SAC or any of the features of interest of the Eling & Bury Marshes SSSI.

4.5. New Forest District Council Environmental Health Officer raises no objection subject to existing conditions regarding noise and dust remaining.

4.6. New Forest National Park Authority, as neighbouring authority, raises no objection.

4.7. Marchwood Parish Council - comments awaited.

4.8. Southampton Airport has no aerodrome safeguarding objection subject to restoration condition.

5. Representations

5.1. Letters of objection received from four local residents on grounds of need for additional screening, unacceptable noise and disruption.

6. Commentary

6.1. The issues are whether the proposed extension of time was reasonable and whether there would be unacceptable environmental or amenity impacts bearing in mind no other changes to the planning permission are requested.

6.2. It is considered that the recent reduction in construction activity has affected the programme for working and restoring this site, and that a further period of 12 months would be reasonable for completion. There is also a clear need for the restoration of the site to be completed. Notwithstanding the comments from local residents there is no substantive evidence the site has not been operated in an acceptable manner nor that additional screening is required. Accordingly it is not considered that the additional period would have an unacceptable environmental or amenity impact.

7. Recommendation

7.1. That planning permission in respect of Variation of condition 2 of Planning Permission 76732 at Marchwood Quarry, Marchwood (Application No. 09/94843) (Site Ref: NF172) be granted subject to the conditions set out in integral Appendix B.

Links to the Corporate Strategy

CONDITIONS

Time limits

1. The winning and working of minerals and tipping operations hereby permitted shall cease on or before 31 December 2010 and the site shall be restored in accordance with the scheme approved under condition 11 within a further period of six months or such longer period as the Mineral Planning Authority may approve in writing.

Reason: In the interests of local amenity.

Working scheme

2. The site shall be worked in accordance with the details submitted with the application, and in accordance with plan no: 90022/E/P1 and 90022/E/P2, unless otherwise agreed in writing by the Mineral Planning Authority.

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 area.

3. The survey points shall be retained during 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.

Noise

4. Noise from the operations at the site shall not exceed 55 dB (A) LAeq (1 hour) as measured at the properties on Tavells Lane. The operators shall take such measures, including the silencing of vehicles and mobile machinery and the provision of acoustic screening as may be necessary to ensure these noise levels are not exceeded.

Reason: To minimise the noise disturbance to local residents.

Access

5. Access to site shall only be via the existing quarry entrance and internal haul road.

Reason: In the interest of highway safety.

Hours of working

6. Except with the prior approval of the Mineral Planning Authority in writing, no operations authorised or required by this permission shall be carried out other than during the following hours: between 0700 and 1800 hours Mondays to Fridays; 0700 and 1300 hours Saturdays.

Reason: In the interests of local amenity.

Landscaping

7. The landscaping scheme shall be implemented as approved and any trees or shrubs which within a period of 5 years from the date of planting, die, are removed, become seriously damaged or diseased shall be replaced in the next planting season by others of similar size and species unless otherwise agreed in writing by the Mineral Planning Authority.

Reason: In the interests of local amenity.

Margin

8. No excavation shall take place within 30 metres, and no overburden tipped within 15 metres, of the railway boundary as shown on Plan No. 90022/E/P2.

Reason: In the interests of rail safety.

Restoration

9. The uppermost 1 metre of imported waste materials shall be free from large solid objects, and the waste material shall be covered with a minimum 0.8 metres even depth of subsoil and 0.2 metres even depth of topsoil in the correct sequence.

Reason: To ensure satisfactory restoration.

10. The site shall be progressively restored to agriculture in accordance with the approved scheme. The scheme includes details of:

a) the date by which each phase of restoration shall be completed;

b) the method, staging and timing of the filling operation;

c) the planting of trees and shrubs on the site;

d) the measures to be taken to drain the site.

Reason: To ensure the site is satisfactorily restored.

11. Unless otherwise agreed in writing by the Mineral Planning Authority all plant, machinery, foundations, hardstandings and access roads no longer required in connection with the restoration or future use of the site shall be removed within 6 months of the cessation of mineral extraction and tipping.

Reason: To ensure the satisfactory restoration of the site.

Aftercare

12. The five year aftercare scheme, requiring that such steps as may be necessary to bring each phase of the land restored under condition 10 to the required standard for agriculture and nature conservation, shall be implemented as approved.

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.