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Committee Environmental Day MONDAY Sub-Committee PLANNING Date 5 JANUARY 1998 Place of Meeting County Hall, Oxford Time 2.00 pm A G E N D A

Please address any general enquiries on this agenda to Graham Warrington, County Hall, Oxford OX1 1ND (Tel: Oxford 815321). Press enquiries should be directed to the Media Manager on Oxford 815266.

NOTE:Site visits are required for items PL6 (C29/97 Thornbury House, Kidlington), PL7, PL11 and PL12. A detailed itinerary will follow as soon as possible.

Members are reminded of the obligation to declare any interest relevant to business to be conducted at this meeting, and of the convention as to withdrawal from the meeting for the relevant item unless the interest is not one which debars the member from speaking thereon (see page G2 of the Council's Manual).

1. Election to Chair - (Conservative Group)

2. Apologies for Absence and Temporary Appointments

3. Minutes

Minutes of the meeting held on 17 November 1997 (PL3).

4. Matters arising from the Minutes

5. Petitions and Public Address

OPERATIONAL ITEMS

6. COUNTY COUNCIL PLANNING APPLICATIONS

Report by Director of Environmental Services (PL6).

The following current applications for County Council development, made under Regulation 3 of the Town and Country Planning General Regulations 1992, are detailed in the schedules appended to the report:-

Application No. C.29/97 (detailed). Construction of extensions to Secure Unit, including security fencing, recreation areas, car park and landscaping, Thornbury House, The Moors, Kidlington.

Application No. S.27/97 (detailed) . Erection of two prefabricated double classroom buildings for a temporary period of 5 years, Didcot Girls School, Sherwood Road, Didcot.

Application No. W.11/97 (detailed) Construction of footbridge across River Windrush, crossing of River Windrush 200 metres N.W. of Newbridge, Standlake.

It is RECOMMENDED that subject to consideration of any further representations received by the date of the meeting, the applications be determined as recommended in the schedule appended to the report, subject to the detailed wording of the recommended conditions being agreed by the Chief Planning Officer.

7.* EXTRACTION FOR FULLER'S EARTH AT MOOR MILL FARM, UFFINGTON (APPLICATION NO UFF/14511-CM)

Report by Director of Environmental Services (PL7).

The report describes an application by Laporte Absorbents () Ltd for the extraction of 250,000 tonnes of fullers earth at Moor Mill Farm. The proposal has been assessed in the light of the development plan. Key areas of concern relate to the impact of the proposal on the acquatic

Page 1 environment, the national need for the mineral and the transport of the mineral from the site to the processing plant at Baulking. The applicants have satisfied the County Council and consultees that the proposal will not have a detrimental impact upon the aquatic environment, in particular the Fernham Meadows SSSI, the River Ock and Uffington Brook. The national need for the mineral has been justified by the applicant and supported by the Department of Trade & Industry. The applicants favour transporting the mineral along the public highway and do not consider any off road options to be practicable. There has been considerable local opposition to the transport of the mineral along the public highway.

It is RECOMMENDED that application UFF/145H-CM be advertised as a departure from the development plan and subject to the Secretary of State confirming that he does not intend to call in the application for his own determination planning permission be granted for the proposed development subject to:-

(a) prior completion of appropriate legal agreements to the satisfaction of the Director of Environmental Services and Assistant Chief Executive & Solicitor to the Council to secure:

(i) funding of long term maintenance of the lake area;

(ii) necessary and reasonable highways improvements, which include the following:

(2) Station Road - Carriageway edge strengthening - Carriageway resurfacing/reconstruction - Provision of 3 passing bays - Improved signing to the two bridges

(3) Baulking Road - Carriageway edge strengthening - Protective kerbing to Baulking Bridge and resurfacing of carriageway - Carriageway strengthening east of Laporte's existing plant entrance - A417 - Priority signing to Baulking Bridge

(4) Station Road/ - Visibility improvements requiring Baulking Road Junction carriageway widening.

(iii) monitoring of the water levels in the River Ock, dewatering of the quarry and groundwater levels;

(iv) a railway track levelling survey to be undertaken prior to the dewatering operations on the site;

(v) routeing of all HGVs ingressing and egressing the site;

(b) conditions to be determined by the Director of Environmental Services to include:

(1) end date of 31 December 2008, including removal of all buildings and structures and restoration. (2) complete compliance with plans and particulars. (3) phasing of mineral extraction area. (4) standard hours with no lorry movements during schoolchildren's arrival and departure times. (5) mitigation of any adverse changes to groundwater levels. (6) details of works for storm or surface water run-off. (7) details of the diversion relating to Uffington Brook. (8) dedicated loading pad for the mineral. (9) noise and dust prevention measures.

Page 2 (10) maintenance of planting. (11) archaeological mitigation measures. (12) aftercare.

8. AN APPLICATION BY WYATT BROS (OXFORD) LTD FOR CLAY EXTRACTION AT WATERSTOCK GOLF COURSE, WHEATLEY (APPLICATION NO P97/NO612/CM) WITHOUT COMPLYING WITH CONDITION 15 OF PLANNING PERMISSION P93/NO476/CM

Report by Director of Environmental Services (PL8).

An application has been made by Wyatt Bros (Oxford) Ltd for clay extraction at Waterstock Golf Course, Wheatley (Application No P97/NO612/CM). The application is to continue extraction of clay at Waterstock Golf Course for a further year. The clay has been extracted to create two irrigation lakes. Enforcement action has been taken against the unauthorised deposit of waste to create landscape mounds. Some of the imported material has been deposited in the lake. An application for an additional revised 9 hole course layout and landscape scheme has been submitted to South District Council (SODC). The application was refused by SODC Planning committee but has been reconsidered by the full District Council meeting on 18 December 1997. This council has objected to this application as significant amounts of additional material would be brought onto the site. The applicants in a second affidavit submitted as part of an application for judicial review claimed there was no need for an irrigation lake if the application for the 9 hole layout is refused. Policy SD5 of the Minerals and Waste Local Plan identifies the area where clay extraction will normally be permitted. Waterstock Golf course is not one of these areas.

It is RECOMMENDED that subject to South Oxfordshire District Council confirming the refusal of the application for the 9 hole revised layout, planning permission be refused in respect of application no. P97/NO612/CM for the extraction of clay without complying with condition No (end date of 1 November 1997) of planning permission P93/NO476 on the grounds that the proposal is contrary to the Minerals and Waste Local Plan policy SD5 in that it is not within a recognised area for clay extraction and the applicant acknowledges that in the absence of permission for a further 9 holes of golf there is no need for an irrigation lake.

(8a) AN APPLICATION BY THE TRUSTEES OF THE PHILLIMORE SETTLED ESTATE FOR LANDRAISING OF FIELD NG NO. 5353 WITH INERT WASTE TRANSFERRED FROM FIELD NG NO. 0200 AT HAMPSTEAD BOTTOM, SHIPLAKE - APPLICATION NO. P96/SO706/CM

Report by the Director of Environmental Services

9. AN APPLICATION BY THE DOWNS STONE COMPANY LTD FOR THE EXTENSION OF A STONE QUARRY AT CASTLE BARN QUARRY, SARSDEN (APPLICATION W97/1530)

Report by Director of Environmental Services (PL9).

The Downs Stone Company Ltd. have applied for planning permission to extend the limestone quarrying operations at Castle Barn Quarry, Sarsden to produce dimension and walling stone. The quarry lies within the Cotswold AONB. The existing quarry has become choked with spoil and the working methods have become irregular and uneconomic. The proposal accords with Minerals & Waste plan policy SD3 and is not considered to have a detrimental impact upon the Cotswold AONB as the site is well screened and the nearest residential property lies more than 300m south west of the extension area. Before the extended area can be quarried 8000 m3 of waste rock would need to be crushed and exported. This would be controlled by condition and a routeing agreement. The routeing agreement would also extend to the trailers transporting stone from the quarry to the Lower Buildings. Once the quarrying has been completed the site would be restored to woodland, agriculture and a geological feature would remain. The applicants have agreed to provide long term funding for the site.

It is RECOMMENDED that planning permission be granted for Application No W97/1530

Page 3 subject to:

(a) prior completion of an appropriate legal agreement to the satisfaction of the Director of Environmental Services and Assistant Chief Executive & Solicitor to the Council to secure:

(i) a routeing agreement for vehicles accessing and egressing the site;

(ii)funding of long term management and maintenance of the site;

(iii)revocation of permission DAR/SAH/1218/92;

(b) conditions to be determined by the Director of Environmental Services to include:

(1) end date of December 31 2009, including removal of buildings or structures and restoration; (2) complete compliance with plans and particulars; (3) standard hours of working; (4) strict limits on the crushing and export of stone; (5) implementation and maintenance of planting; (6) submission of an aftercare scheme; (7) noise and dust prevention measures.

10. APPLICATION BY MR T LUDLOW FOR THE CHANGE OF USE OF AN AGRICULTURAL BUILDING TO A WASTE TRANSFER AND RECYCLING FACILITY AT FIELD FARM, NORTH WESTON, THAME (APPLICATION NO. P97/N0726/CM)

Report by Director of Environmental Services (PL10).

The proposal is for a waste transfer and recycling facility within a disused calf rearing building at Field Farm near Thame. The site is within the open countryside and an Area of Great Landscape Value. The waste would principally come from domestic users. All sorting would occur within the building and no waste would be stored outside. Any waste that could not be recycled would go to a licensed landfill site. The nearest facility of this nature is at Aylesbury, Bucks. The proposal accords with policies in both the Structure Plan and Minerals & Waste Local Plan that relate to reuse and recycling of waste materials, although there are other policy objections. There has been an objection to the proposal from the parish council who are concerned about the proliferation of unauthorised uses along the A329 and additional traffic from the proposal.

It is RECOMMENDED that planning permission be granted for a limited period of two years for Application No. P97/N0726/CM subject to the conditions listed in Annex 2 to this report.

11. APPLICATION FOR INFILLING OF EXISTING QUARRY WITH NATURALLY OCCURRING SUBSOILS AND OTHER INERT WASTES TO FORM A COUNTRY PARK. IMPORTATION OF WASTE AGGREGATES FOR RECYCLING AND RESALE, ELM FARM QUARRY, STRATTON AUDLEY NEAR BICESTER (APPLICATION REF: 97/01501/CM)

Report by the Director of Environmental Services (PL11).

An application has been made by Stratton Audley Quarry Ltd to infill an old limestone quarry with inert waste and to use the restored site as a country park. There are three main considerations, traffic, hydrogeology and securing the country park. A Unilateral Undertaking has been submitted which provides for a contribution to the County Council of £80,000 for improvement to Stratton Audley Lane onto which the quarry accesses. The Environment Agency have proposed a condition to protect groundwater.

It is proposed that further negotiations are entered into to be assured that a country park use is viable and to ensure that the contribution of £80,000 can be appropriately used for necessary roadworks in the area rather than just the Lane.

Page 4 It is RECOMMENDED that:

(a) a decision on the application be delegated jointly to the Director of Environmental Services in consultation with the Assistant Chief Executive and Solicitor to the Council but that planning permission be refused unless:-

(i) negotiations to secure the long-term management and maintenance of the country park are successful;

(ii) a routeing agreement is entered into; and

(iii)a revised Unilateral Undertaking or a legal agreement is entered into to permit a contribution of £80,000 to be used for a range of highway related infrastructure in the vicinity including the improvement of Stratton Audley Lane.

(b) in the event that these points are successfully concluded then planning permission should be granted subject to conditions to be drawn up by the Director of Environmental Services but which should include any appropriate conditions proposed by the Environment Agency and the heads of conditions below:

(1) compliance; (2) start date 5 years; (3) end date for tipping of 31 December 2007; (4) detailed restoration and landscaping plan submission and compliance; (5) working and phasing plan compliance; (6) noise control; (7) dust control; (8) standard hours of operation; (9) improvement of access; (10) protection of SSSI; (11) submission of ecological survey and protection of important areas; (12) provision of wheel wash; (13) wheel cleaning; (14) aftercare; (15) submission and implementation of details of country park uses; (16) provision of a reed bed; (17) protection of footpath; (18) submission of details and working and restoration on the County Council land; (19) restoration complete by 31 December 2008; (20) display on site of permission; (21) protect vegetation at periphery of site; (22) limitation on skip storage; (23) submission and implementation of details of recycling activity.

12. UPDATING MEMBERS ON PROGRESS ON ENFORCEMENT

Report by Director of Environmental Services (PL12).

A schedule is appended of progress on enforcement action which has previously been authorised in respect of breaches of planning control. The Schedule describes the position where satisfactory remedial action has not yet been secured or completed. Breaches which have been reported previously as having been rectified are not included.

The Sub-Committee are RECOMMENDED to note the report

13. LANDFILL TAX - PROBLEMS CAUSED BY EXEMPTIONS

The Director of Environmental Services reports as follows:

At the Environmental Committee on 10 December 1997 Councillor Bill Bradshaw expressed

Page 5 concerns about the way in which the Landfill Tax operated.

Since the tax came into operation planning authorities have been faced with a number of difficulties related to the tax. Landfill for recreational uses such as golf courses or country parks is exempt from paying tax. Apparently the original intention behind this was not to frustrate the supply of materials to bona fide projects. However, it has meant that exempt sites effectively provide a cheap source of landfill. This encourages developers to import more waste than is necessary to developments such as golf courses in order to maximise their income, often with serious environmental consequences. This has posed development control and enforcement problems for both county and district planning authorities. It also means that, because developers can undercut licensed landfill sites through their exemption from tax, waste is diverted from licensed and properly regulated landfill sites and reputable waste disposal companies are deprived of business. The scale of these exemptions means that the intention of the Landfill Tax Ä to make the monetary cost of landfill more closely reflect its true environmental and other costs and thus encourage more sustainable waste management Ä is being frustrated. It also means lost tax revenue for the Treasury and, incidentally, thereby less potential income to be spent on environmental projects through environmental bodies.

In the light of these issues it is RECOMMENDED that the Director of Environmental Services be instructed to write to the Secretary of State for Environment, Transport and the Regions and the Chancellor of the Exchequer urging them to ensure that the current loopholes which allow extensive exemptions from the payment of Landfill Tax are closed as soon as possible.

JOHN HARWOOD Chief Executive

December 1997

NOTE FOR SPOKESPERSONS/GROUP LEADERS AND RELEVANT OFFICERS ONLY

The pre-meeting briefing will be held at County Hall on Wednesday 31 December 1997 at 10.00 am.

Page 6 Environmental Committee PLANNING SUB-COMMITTEE - 5 JANUARY 1998 AGENDA ITEM PL3

PLANNING SUB-COMMITTEE - 17 NOVEMBER 1997 MINUTES of the meeting commencing at 2.00 pm and finishing at 2.47 pm

Present:

Voting Members:

Councillors Nils R. Bartleet, Brenda Churchill, A.D. Crabbe, Mrs C. Fulljames, Dave Green, Steve Hayward, MacKenzie, Anne Purse, G.A. Reynolds, Don Seale and Harry Wyatt.

Ex Officio:

Councillors Neville F. Harris (in place of Councillor Bob Langridge) and Bill Bradshaw (in place of Councillor Dermot Roaf).

Officers:

Whole of meeting: G. Warrington (Chief Executive's Office); C. Cousins, J. Duncalfe and J. Griffin (Environmental Services).

The Sub-Committee considered the matters, reports and recommendations contained or referred to in the agenda for the meeting, together with a Schedule of addenda tabled by the Chief Executive. Copies of the agenda, reports and Schedule of addenda are attached to the signed Minutes, and in relation thereto the Sub-Committee determined as follows:-

63/97 ELECTION TO CHAIR

RESOLVED: that Councillor Purse (Liberal Democrat) be elected to chair the meeting.

64/97 APOLOGIES FOR ABSENCE AND TEMPORARY APPOINTMENTS

Apologies for absence and Group Leader substitutions were reported as follows:

Apology from Temporary Appointment/Substitute

Councillor Sylvia Tompkins - Councillor Langridge Councillor Harris Councillor Roaf Councillor Bradshaw

65/97 MINUTES

The Minutes of the meeting of the Sub-Committee held on 13 October 1997 were approved and signed.

66/97 MATTERS ARISING FROM THE MINUTES

Minute 61/97 - Progress on authorised Enforcement Action

(i) New Manor Farm, Marston

In response to Councillor MacKenzie, Mr Duncalfe reported that the Environment Agency had now responded regarding clearance. They were concerned about the special waste contained in the site and the potential for groundwater pollution. They estimated the cost

Page 7 of clearance at £35,000 which constituted the Agency's entire budget for the Thames West Area for this type of operation. They were seeking clarification of their powers to undertake clearance of the site but would be requesting that the County Council consider funding a joint approach

Members asked officers to inform the Agency that the County Council had no funds available to participate in a joint operation. In view of the risk of pollution, the control of which was a Agency responsibility, the Agency should be asked to clear the waste as a matter of urgency.

(ii) Waterstock Golf Course

In response to Councillor Bradshaw, Mr Cousins advised that on 12 November 1977 the Planning Urgency Sub-Committee had authorised further stop and enforcement notices in respect of waste which had been brought into other areas of the site. The notices had been served in the afternoon of 12 November 1997 with effect from Sunday 16 November 1997. He confirmed that any further activity was now unauthorised and that there had been no activity at the site that morning.

67/97 ENFORCEMENT OF PLANNING CONTROL: PROCEDURES AND RESOURCES (Agenda Item 6)

The Sub-Committee considered a report (PL6) which set out the main enforcement provisions, the County Council's current procedures and the resources available to take enforcement action.

Officers had tabled a revised recommendation in the schedule of addenda.

During the course of debate members expressed a desire to see an improvement in performance in enforcement action but recognised that that had to be seen in the context of the extreme pressures being placed on the County Council's budget.

RESOLVED: (on a motion by Councillor Wyatt, seconded by Councillor Churchill and carried by 8 votes to 0) that:

(a) the range of planning functions which the Director of Environmental Services is authorised to discharge be expanded to include the following:

"Initiating the following enforcement action in any particular case: • service of an enforcement notice; and/or • service of a stop notice; and/or • applying for an injunction; subject in each case to: (a) the concurrence of the Solicitor to the Council; (b) prior consultation with the Group Spokespersons and the Local Member on the basis that any one of the Spokespersons could require reference of the matter to the next meeting of the Sub-Committee; (c) the Director, the Solicitor to the Council and the Group Spokespersons being satisfied that in all the circumstances it was necessary for such action to be taken urgently in order to limit or prevent material damage to the environment or prejudice to planning policies.";

(b) the Environmental Committee be RECOMMENDED:

(i) to include the need for an additional member of staff to undertake specialist enforcement work, at a cost of £30,000 per annum, as an expenditure pressure in the policy and budget planning process; and

(ii) to authorise the appointment of an additional member of staff to undertake specialist enforcement work in the event of funding becoming available for that purpose.

Page 8 68/97 COUNTY COUNCIL PLANNING APPLICATIONS (Agenda Item 7)

The Sub-Committee considered the following current applications for County Council Development.

Application No: C.26/97 (detailed). Erection of 2400 MM high security boundary fence and gates, and stopping up of existing maintenance access to Overthorpe Road, Grimsbury St Leonard's CE School, Overthorpe Road, Banbury.

Application No: O.10/97 (detailed). Retention and continued use of Pratten Building as Day Nursery for staff members of Oxford City Council and Oxfordshire County Council for a temporary period of 5 years, St Thomas Day Nursery, St Thomas Street, Oxford.

Application No: S.24/97 (detailed). Change of use from staff flat to offices for Social Services (to house a Mental Health Team for a temporary period of three years and Transport Team for one year), Orchard House EPH, Sandford Road, Littlemore.

Application No. S.25/97 (detailed). Renewal of consent for a single prefabricated classroom unit E117 for a temporary period of 2 years, Nettlebed CP School, High Street, Nettlebed.

Application No: S.26/97 (detailed). Renewal of consent for a prefabricated classroom unit E011 for a temporary period of 5 years, Aston Rowant CE School, School Lane, Aston Rowant.

Application No: V.09/97 (detailed). Renewal of consent for a two classroom prefabricated building T027 for a temporary period of 2 years, John Mason School, Wootton Road, Abingdon.

RESOLVED: that :

(a) Application O.10/97 (St Thomas Day Nursery) be approved as recommended in the schedule appended to the report subject to an additional condition requiring access for people with disabilities;

(b) the Chief Planning Officer be authorised to approve Applications S26./97 (Aston Rowant CE School) and V.09/97 (John Mason School) subject to conditions and to first consulting the Sub-Committee Spokespersons, in the event of an objection from either District;

(c) the remaining applications be approved as recommended in the schedule appended to PL7, subject to the detailed wording of the recommended conditions being agreed by the Chief Planning Officer.

69/97 MINERALS REVIEW: APPLICATION FOR DETERMINATION OF NEW CONDITIONS FOR PLANNING PERMISSION (REF. M162/49) FOR EXTRACTION OF STONE AT WOODEATON QUARRY (REF. 97/01804/CM) (Agenda Item 8)

The Sub-Committee had before them a report (PL8) on an application to determine new conditions for a planning permission at Woodeaton Quarry. Mr Cousins reported that the applicants had requested that consideration of the application be deferred and had agreed an extension of time to allow for this.

RESOLVED: that the application for new conditions to be attached to planning permission M162/49 be deferred to the next meeting of the Sub-Committee.

70/97 APPLICATION BY DAVID MCDOWELL LTD FOR A WASTE TRANSFER STATION AND RECYCLING FACILITY AT GROVE TECHNOLOGY PARK (FORMERLY WANTAGE BUSINESS PARK), WANTAGE, OXON (APPLICATION NO ECH/1432/17-CM) (Agenda Item 9)

The Sub-Committee considered a report (PL9) on a proposal to set up a waste transfer station and

Page 9 recycling facility at Grove Technology Park. The application had been deferred from the October meeting.

RESOLVED: that subject to a routeing agreement to include a ceiling on the number of HGVs accessing/egressing the site each day, planning permission be granted for the development proposed in application no ECH/1432/17ÄCM, subject to the conditions listed in annex 2 to PL9.

...... in the Chair

Date of signing ...... 1998

Page 10 Environmental Committee PLANNING SUB-COMMITTEE - 5 JANUARY 1998 AGENDA ITEM PL9

AN APPLICATION BY THE DOWNS STONE COMPANY LTD FOR THE EXTENSION OF A STONE QUARRY AT CASTLE BARN QUARRY, SARSDEN (APPLICATION W97/1530) Report by the Director of Environmental Services Division(s) affected: Wychwood

Introduction

1. The Downs Stone Company Ltd have applied for planning permission to extend the limestone quarrying operations at their existing quarry within the Cotswold AONB. The company was established in the early 1990's to win, work, process and market dimension (stone cut into regular blocks) and walling stone. The existing quarry area is 1.1 ha which the applicant considers to be too small to enable continued working and progressive restoration to take place. It is therefore proposed to extend the quarry, which would include some crushing of stone for a limited period.

Site Description and Planning History (refer to plan)

2. The existing quarry lies in a rural location about 1.2km west of Sarsden and 2km to the south-east of Churchill. The nearest residential property, Fairgreen Farmhouse (owned by one of the directors) lies more than 300m south west of the extension area. Sarsden House lies 1km to the west. The area to be extended is under arable cultivation. The site is well screened by woodland and none of the nearby dwellings can be seen from the site. Bridleway 11 links the A361 with Sarsden to the west and passes within 200 metres of the proposed extension at its closest point behind a copse.

3. Planning permission was granted in 1993 for the quarrying of stone and associated works (reference DAR/SAH/1218/92). An application to relax conditions Nos 4 & 26 was made in 1995 (reference 1101/95). These conditions related to the crushing and export of mineral waste as aggregate during the extraction period. The application was refused in 1995 and subsequently turned down at appeal in 1996. The Inspector considered that the conditions should not be dealt with in isolation. This application has been submitted following discussions with the applicants and officers from this Council.

The Proposed Development

4. The proposal incorporates the existing quarry and also involves extending it to the north-east, parallel to the private access road. The life of the quarry would be extended to approximately 12 years. There are two distinct types of stone in the site, freestone which is used as a building stone and walling stone.

5. The existing quarry has become almost choked with spoil making working difficult. This has occurred as more waste has arisen than originally envisaged. The extension of the quarry would allow safe access to the working faces via ramps and low ledges. Spoil would be stored within the void to be used for restoration purposes.

6. The topsoil would be removed and stored in bunds to a maximum height of 3m and would be placed on the north-western side of the working area to provide screening. The stone would be extracted so that a series of low benches are formed. Once the stone has been quarried the void area would be progressively restored by infilling with the quarry spoil.

7. The blocks of stone for sawing would be loaded onto farm trailers which would travel along the private road and onto the public highway to the Lower Buildings near Sarsden Lodge, 2to the west, for storage and processing. Walling stone would be stocked on site for sorting and loading by local farmers and walling contractors who would remove the stone directly. About 10 cubic metres of waste material would be used for rockery construction/ landscaping per annum. Stockpiles of walling stone would not exceed 3 m in height and would not be placed in areas from which topsoil

Page 11 has not been removed.

8. The proposed scheme of working would require the removal of about 8,000m3 of waste rock from within and outside the quarry excavations as a one-off approach to solving the working problems. The rock would be crushed by a mobile plant for 7 weeks within a 4 month period. The crusher would be screened by the existing bunds and crushed material. The crushed limestone would be removed from the site over a period of 12 months resulting in between 6 and 10 truck movements per day during this period and sold as an aggregate. Vehicles would be routed north along the private road, turning left and then first right up to the main Chipping Norton-Burford road (A361).

9. It is proposed to progressively restore the site to woodland and agriculture at the original land levels and a retained site of geological interest within the last area of the quarry. The area of current planning permission would be restored to woodland in keeping with the woodland to the south-west. There is no true sub-soil on the site so soil forming materials would be prepared from selected less blocky overburden to assist with the restoration of the agricultural area. Tree planting is proposed on the north-western and north-eastern side of the final void. The final void would include natural regeneration of vegetation on the spoil and rock surfaces.

10. At the northern end of the site where low level restoration is proposed the remaining rock faces would be suitable for designation as a Geological SSSI. Public access would be provided to the geological feature via a stile in the existing hedgerow. A site signboard would be provided.

11. The Downs Stone Company provides 7.5 local jobs at the quarry and the Lower Buildings.

Consultation Responses

12. These are set out in Annex 1.

Comments of the Director of Environmental Services

13. Structure Plan policies (EN4, M9) and draft Structure Plan policy (EN4) state that development including mineral extraction harmful to the beauty of AONBs should normally be resisted. The main consideration is whether the proposal should be an exception to these policies.

14. Policy SD3 of the Minerals & Waste Local Plan (MWLP) states that small quarries supplying traditional local building stone may be permitted. This quarry provides Cotswold stone for local buildings in both Oxfordshire and Gloucestershire of which there is a shortage. French imports into the Cotswolds are now occurring. Downs Stone Co is believed to be the only remaining producer of stone flags for internal flooring in the Cotswolds.

15. Whilst the quarry would not enhance the AONB its product would. Policy EN6 of the Structure Plan and EN9 of the Draft Structure Plan states that buildings should be preserved and enhanced where appropriate. The stone from this quarry would provide a local source of stone for such buildings. There are no other building stone quarries producing Cotswold stone in Oxfordshire.

16. English Nature wish to see the quarry open to geologists. The applicant is willing to allow a geologist access to the quarry during operations and to leave a geological feature to regenerate naturally. In addition public access would be available to the geological feature. The applicant has agreed to enter into a legal agreement to provide long term funding for the restoration and maintenance of the site.

17. Dust is not envisaged to be a problem during quarrying at the site because little fine grained material is naturally present. However, dust will arise as a result of crushing and a dust suppression scheme would be required to be submitted by condition.

18. It is not considered that any noise disturbance will occur as a result of the development, as the nearest property is over 300m from the site.

19. The area would be enhanced by suitable planting around the site in keeping with the wooded copses of the local area. The copse next to the existing quarry should be protected from site

Page 12 operations. Early restoration of the strip of land adjacent to the copse is required. I consider that the quarry would not have an unacceptable impact on bridleway 11 as the workings would be suitably screened.

20. The applicants appealed against a refusal to crush stone and export aggregate from the existing quarry in 1995. If the quarry were to be extended some short-term crushing of waste rock and export of the aggregate would be required to provide adequate space for working. I consider that this one-off operation should be supported to aid proper working of the rest of the quarry. The 8,000m3 of aggregate would be exported from the site using the public highway. If this application were to be approved then the applicants should enter a routeing agreement requiring lorries to use the A361 and not to go through the village of Churchill. Any builders/farmers collecting walling stone from the site would also be required to adhere to this routeing agreement. The routeing agreement should also extend to the trailers transporting the stone to the Lower Buildings as they would use the public highway.

21. Draft Structure Plan policy E6 seeks to support diversification of the rural economy. An extension of this quarry would safeguard 7.5 jobs.

22. On balance I consider that although this quarry lies within the Cotswold AONB it would not cause demonstrable harm to the area. It is well screened and lies some distance away from local properties. In addition an extension to the quarry would provide a much needed source of Cotswold stone to enhance traditional buildings. Crushing and export of aggregate would only occur for a limited period of the quarry's life and it would be controlled by conditions and a routeing agreement. The existing planning permission (DAR/SAH/1218/92) should not be allowed to be further worked in order to avoid confusion between the two permissions.

Financial and Staff Implications

23. There are no financial and staff implications unless the applicant appeals against a refusal.

Environmental Implications

24. These are outlined in the report.

Implications for People Living in Poverty

25. There are none.

RECOMMENDATION

26. It is RECOMMENDED that planning permission be granted for Application No W97/1530 subject to:

(a) prior completion of an appropriate legal agreement to the satisfaction of the Director of Environmental Services and Assistant Chief Executive & Solicitor to the Council to secure:

(i) a routeing agreement for vehicles accessing and egressing the site;

(ii) funding of long term management and maintenance of the site;

(iii) revocation of permission DAR/SAH/1218/92;

(b) conditions to be determined by the Director of Environmental Services to include:

(1) end date of December 31 2009, including removal of buildings or structures and restoration; (2) complete compliance with plans and particulars; (3) standard hours of working; (4) strict limits on the crushing and export of stone;

Page 13 (5) implementation and maintenance of planting; (6) submission of an aftercare scheme; (7) noise and dust prevention measures.

DAVID YOUNG Director of Environmental Services

Background papers: File 8.5/3022/2 Extension of Stone Quarry, Castle Barn Farm, Sarsden held In Land Use Section of Environmental Services

Contact Officer: Amanda Ford, Tel Oxford 815871

5 December 1997

Page 14 Environmental Committee PLANNING SUB-COMMITTEE - 5 JANUARY 1998 AGENDA ITEM PL9

AN APPLICATION BY THE DOWNS STONE COMPANY LTD FOR THE EXTENSION OF A STONE QUARRY AT CASTLE BARN QUARRY, SARSDEN (APPLICATION W97/1530) Report by the Director of Environmental Services Division(s) affected: Wychwood ANNEX 1 CONSULTATION RESPONSES

Department of Leisure & Arts, Archaeology, Oxfordshire County Council No objection.

Department of Leisure & Arts (Footpaths) Bridleway No. 11 should be screened from the quarry.

MAFF/FRCA No objection because the small area of best and most versatile land affected by the proposal is not regarded as nationally significant. Conditions should be attached relating to the restoration and aftercare of the site.

West Oxfordshire District Council No objection.

Environment Agency No objection.

English Nature A geologist should be granted access to the site during its working phase so a geological assessment can be made. Restoration of the site should be carried out to provide safe access to areas of geological interest. Parts of the site should be left with sloping or tiered benches.

Page 15 Environmental Committee PLANNING SUB-COMMITTEE - 5 JANUARY 1998 AGENDA ITEM PL10

APPLICATION BY MR T LUDLOW FOR THE CHANGE OF USE OF AN AGRICULTURAL BUILDING TO A WASTE TRANSFER AND RECYCLING FACILITY AT FIELD FARM, NORTH WESTON, THAME (APPLICATION NO. P97/N0726/CM) Report by the Director of Environmental Services Division(s) affected: Chalgrove

Introduction

1. Mr T Ludlow has applied for planning permission to develop a waste transfer and recycling facility in a disused calf rearing building at Field Farm. Within the building it is proposed to sort waste, principally from domestic sources, to recover materials for reuse and recycling, e.g. bricks, hardcore, soils, timber etc.

Site Description (refer to plan)

2. Field Farm lies within countryside which is designated in the South Oxfordshire Local Plan (Adopted) as an area of Great Landscape Value. It is approximately 300m to the north east of the A329 Thame to Stadhampton road. The access road to the farm is a tarmac track. The Oxfordshire Golf Course lies across the road from the farm. The nearest residential property to the proposal lies about 150m from the building. The farmer, Mr Quartly and his family live there and have raised no objections.

3. Field Farm is a working farm which is predominantly involved with rearing beef cattle. Owing to the changes at the farm, the farmer is no longer continuing to raise calves, so his calf pens are now disused.

The Proposed Development

4. The proposed building for the recycling/waste recovery facility is an existing building constructed out of concrete blocks and corrugated iron. It is a single storey building with a maximum height of 4 metres. The building and area of farmyard within the site area totals 252m2. The existing side entrance to the building would be blocked up and two new entrances created within the elevation facing the yard.

5. One 7.5 tonne lorry would operate from this unit bringing in skips filled with waste from domestic properties. There would be an average of 10 lorry movements per day. The types of waste to be handled would include green waste, timber, wood, cardboard, paper, metal, rags, plastics, glass, soil, furniture and hardcore. Waste would be collected from the areas of Thame and Chinnor and surrounding Oxfordshire villages. The lorry would be stored in front of the building when not in use.

6. All the sorting and recycling activities would be carried out entirely within the building. Full skips would be tipped within the building. The waste would then be sorted by hand. Materials that could be recycled would be stacked in clean containers ready for reuse or sale to recycling operators. Any materials that cannot be recycled would be put in skips and transported to a licensed landfill site. Empty skips would be stacked and stored within an area to the front of the building.

7. There will be no sales from the site to private individuals. Recovered materials would be transported to the appropriate centres for recycling.

8. Any liquid waste that arises from the proposal would be collected in a retaining tank. This would be emptied by tanker and the liquid taken to a sewage treatment works.

Consultation Responses

9. These are set out in Annex 1.

Page 16 Comments of the Director of Environmental Services

10. The site would provide the opportunity for waste materials that are currently landfilled to be reused in accordance with Structure Plan policy WD1, Draft Structure Plan policies M4 and WD1 and the Minerals and Waste Local Plan (MWLP) policies W3 and W4. European, Government, Regional and Local Plan waste hierarchies promote the reuse and recycling of waste materials above landfill, which is identified as the worst option.

11. Policy W4 of the MWLP states that re-use/recycling facilities will not usually be permitted in the open countryside unless there is an overriding need and no other sites available. There are no other suitable waste transfer sites dealing with this type of waste in the local area. The nearest facilities to Thame is ASM, Gatehouse Road, Aylesbury which is about 11 miles away. It is therefore considered that there is a need for an additional facility within the Thame area.

12. Policies EN4 of the Oxfordshire Structure Plan, and EN5 of the Draft Structure Plan and C3 of the South Oxfordshire Local Plan seek to protect areas of high/great landscape value. The development also conflicts with policy E6 in the draft Structure Plan, as proposed to be modified. It is not considered that this relatively small scale proposal would damage the character of the area as it does not extend beyond the built up boundary of the farm and all activities would take place within the building and no materials stored outside. However, I would be concerned that a larger scale development would not be appropriate in this rural location.

13. South Oxfordshire District Council object to the proposal on grounds that it is contrary to policy C11 of the South Oxfordshire Local Plan which relates to reuse of rural buildings. Policy C11 states that the form, bulk and general design of the building should be in keeping with its surroundings. The District Council consider that the building at Field Farm is unattractive and functional and that there is no justification for allowing its reuse. Although I recognise that it is an unattractive building, it forms part of the boundary of the yard. If it was not to be used for this recycling and waste transfer station then it is unlikely it would be removed. I do not consider that the reuse of the building would have a detrimental impact on the visual amenity of the area.

14. The Parish Council have objected to the proposal as they are concerned that if permission were to be granted for this facility and Mr Ludlow either went out of business or moved on the building may be used for another unrelated activity. However, the proposed use is classed as "sui generis" which means that it falls outside the specified use classes as stated in the Town & Country Planning (Use Classes) Order 1987. Therefore no other activity other than that stated within the planning permission could be undertaken within the building without the submission of a fresh planning application. The site would be licensed by the Environment Agency who would be responsible for ensuring that the site was kept in a tidy state and that no materials were stored outside.

15. The Parish Council and District Council are concerned about the impact of the proposal on the A329. I have no objection to the proposal on highway safety grounds. However, in order to ensure that the proposal would not have a detrimental environmental impact upon the local highway network access should be limited to one lorry and no private sales made from the site. Conditions would be attached to any permission granted to that effect.

16. The Environment Agency wish to ensure that no pollution of the groundwater occurs. If permission is granted a condition should be attached requiring that the details of a surface water drainage system be submitted to and approved by the local planning authority.

17. I have concerns that the building may be too small to achieve all that the applicant wishes to in terms of waste transfer and recycling. Therefore, and in the light of the other concerns expressed, I would wish to see a limited permission attached for a period of 2 years to enable the activities to be monitored and their acceptability further assessed.

18. In conclusion, in my view, on balance there is merit in permitting this application. The proposal would provide a useful facility in this area which has no other such facility. It would allow materials that are currently landfilled to be reused and recycled. However, the permission should be limited

Page 17 to two years and should be subject to the conditions in Annex 2.

Financial and Staff Implications

19. There are none unless the applicant appeals against a refusal.

Environmental Implications

20. These are outlined in the report.

Implications for People Living in Poverty

21. There are none.

RECOMMENDATION

22. It is RECOMMENDED that planning permission be granted for a limited period of two years for Application No. P97/N0726/CM subject to the conditions listed in Annex 2 to this report.

DAVID YOUNG Director of Environmental Services

Background papers: File 8.3/5704/1 Change of use of agricultural building to Waste recycling and transfer unit at Field Farm, North Weston, Thame

Contact Officer: Amanda Ford, Tel: Oxford 815871

9 December 1997

Page 18 Environmental Committee PLANNING SUB-COMMITTEE - 5 JANUARY 1998 AGENDA ITEM PL10

APPLICATION BY MR T LUDLOW FOR THE CHANGE OF USE OF AN AGRICULTURAL BUILDING TO A WASTE TRANSFER AND RECYCLING FACILITY AT FIELD FARM, NORTH WESTON, THAME (APPLICATION NO. P97/N0726/CM) Report by the Director of Environmental Services Division(s) affected: Chalgrove ANNEX 1 CONSULTATION RESPONSES

Department of Leisure & Arts, Oxfordshire County Council No objection.

MAFF/FRCA No objection.

South Oxfordshire District Council

Environmental Health No objection.

Planning Object to the proposal: (a) Not an appropriate location for a recycling facility. (b) Increased number of HGVs on the A329. (c) Contrary to policy C11 South Oxfordshire Local Plan.

If permission is granted conditions should be attached to ensure the building is strictly controlled and development does not spread into other farm buildings.

Buckinghamshire County Council No objection.

Ramblers Association No objection, although concerned about traffic movements if the proposal were to expand.

Environment Agency No objection in principle but a condition should be imposed relating to the drainage to prevent pollution of the water environment.

Great Haseley Parish Council Object to the proposal:

(i) The proposal may expand into other buildings in the farmyard. (ii) Not a suitable site for such a proposal. (iii) A329 is a busy road, the access from Field Farm onto the road is inadequate. Lorries would be a dangerous hazard. (iv) If the applicant moved out, the building may be used for some other activity.

Thame Town Council No objection, although would not wish to see any future expansion at the site.

Thames Water No objection.

Page 19 Environmental Committee PLANNING SUB-COMMITTEE - 5 JANUARY 1998 AGENDA ITEM PL10

APPLICATION BY MR T LUDLOW FOR THE CHANGE OF USE OF AN AGRICULTURAL BUILDING TO A WASTE TRANSFER AND RECYCLING FACILITY AT FIELD FARM, NORTH WESTON, THAME (APPLICATION NO. P97/N0726/CM) Report by the Director of Environmental Services Division(s) affected: Chalgrove ANNEX 2 PROPOSED CONDITIONS

1. The development hereby permitted shall be for a limited period expiring on 31 January 2000 on or before which date the use of the building shall be discontinued permanently and the site shall be restored to a clean and tidy condition unless the prior consent of the local planning authority has been obtained in writing for a further period of use.

Reason: To enable the Local Planning Authority to assess the impact of the proposed development.

2. The development shall be carried out solely in accordance with the details submitted with the application as modified by conditions of this permission unless otherwise agreed by the local planning authority in writing.

Reason: For the avoidance of doubt and to ensure that the development is carried out in accordance with the approved plans and details.

3. Unless otherwise agreed by the local planning authority in writing and with the exception of necessary works arising from emergency situations, the lorry shall not enter or leave the site, and operations shall not take place other than between 0700 and 1800 hours, Monday to Friday and 0700 to 1300 hours on Saturdays. No such operations or lorry movements shall take place at any time on Sundays, bank holidays and Saturdays immediately following bank holidays.

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

4. No storage of recycled materials shall take place outside the building.

Reason: In the interests of visual amenity and the proper functioning of the site.

5. No storage of waste material shall take place outside the building.

Reason: In the interests of visual amenity and the proper functioning of the site.

6. No storage of skips shall take place outside the building except when they are empty and within the area indicated on approved plan no. 6/173/DLG/9 and to a height not exceeding 2 metres.

Reason: In the interests of visual amenity and the proper functioning of the site.

7. Only one lorry shall access the site. The operator shall identify to the local planning authority in writing the lorry permitted to access the site before the use commences.

Reason: In the interests of highway safety.

8. No floodlighting shall be erected on site without the prior approval of the local planning authority in writing.

Reason: In the interests of the amenities of the occupants of nearby properties.

9. The construction of the drainage system shall be carried out in accordance with details submitted to and approved in writing by the local planning authority before the development commences.

Page 20 Reason: To prevent pollution of the water environment.

10. No retail sales shall be made from the site.

Reason: In the interest of highway safety.

11. Notwithstanding the provisions of the Town and Country Planning General Development Order 1988 (as amended or any order revoking and re-enacting that Order), the exterior of the building hereby approved shall not be painted other than in such colours as shall be agreed by the local planning authority in writing.

Reason: In the interests of the amenity and character of the Area of Great Landscape Value (AGLV).

Page 21 Environmental Committee PLANNING SUB-COMMITTEE - 5 JANUARY 1998 (AGENDA ITEM PL8a)

AN APPLICATION BY THE TRUSTEES OF THE PHILLIMORE SETTLED ESTATE FOR LANDRAISING OF FIELD NG NO. 5353 WITH INERT WASTE TRANSFERRED FROM FIELD NG NO. 0200 AT HAMPSTEAD BOTTOM, SHIPLAKE - APPLICATION NO. P96/SO706/CM Report by the Director of Environmental Services Division(s) affected: Sonning Common

Introduction

1. An application has been made by the Trustees of the Phillimore Settled Estate to landraise an agricultural field with inert waste. The waste would be transferred from a nearby field which lies within the floodplain of the . It was deposited there without authorisation. This application has been made to regularise this breach in planning control.

Planning History

2. A Planning Contravention Notice was served in October 1994 on the owners of the site as a result of unauthorised tipping of waste on field NG 0020 (see plan at Annex 1). The tipping had taken place on the field with the knowledge of the farm manager but not the owners. The topsoil was stripped back before the waste was deposited and replaced afterwards. It was thought by the owners that the waste material was solely inert, granular construction waste and chalk rubble.

3. The NRA (now Environment Agency) raised concerns about the deposited waste on the basis that the associated landraising had reduced the flood storage capacity of the floodplain. They requested that the waste materials should be removed.

The Site

4. The site comprises two fields (see annex 1) situated approximately 1 km to the south west of Shiplake and 500m to the south of the A4155.

5. The fields are in an isolated position within the Valley of the River Thames. There are no dwellings near the site, the nearest dwelling being Hampstead Farm which is approximately 1 km to the northwest, beyond the A4155. Access to the fields is via a farm track from the A4155.

6. Field No. 0200, where the waste material is currently deposited, covers an area of 3.6 ha. It is flat and is within the floodplain. Berry Brook flows along the southern and western boundaries. The field has been poorly restored and is currently of little use for agriculture.

7. Field No. 5353 which it is proposed to landraise, covers an area of approximately 2.5 ha. It is situated on the lower slopes of the river valley and is out of the flood plain. To the south and west of the field are areas of woodland. A power line crosses over the south eastern part of the field. Currently the field is used for arable crops.

8. The site is within an Area of Great Landscape Value as designated in South Oxfordshire's Local Plan. Approximately 60m to the east of field NG 5353 is Shiplake Marsh which is an area of nature conservation value and designated as a County Wildlife Site.

The Proposed Development

9. It is proposed that the topsoil in field No. 0020 would be stripped and stored to allow all the waste to be removed and transferred to field No. 5353. The topsoil would then be replaced and the field revert back to agricultural use.

10. The topsoil would be stripped from field No. 5353 and stored in the southern part of the field.

11. It is estimated that approx. 20,000m3 of waste material would be transferred to field No. 5353.

Page 22 Agricultural dump trucks would transport the waste via the farm track.

12. The tip foundation area would be stripped to a depth of 0.3m to ensure that the tipped material and the tip foundation material bond together. The waste would be tipped in layers and compacted. The maximum depth of the deposited waste would be 1.5 metres. The topsoil would be replaced allowing the field to be returned to its existing agricultural use.

Consultation responses

13. These are set out in Annex 2.

Comments of the Director of Environmental Services

14. The applicants submitted this application after discussions with this authority and the Environment Agency, to try and regularise the breach in planning control and to overcome the problem of landraising in the floodplain. The alternative solution would be for the material to be transported to a suitable licensed waste disposal site which would entail a large number of HGV movements on the local road network.

15. The proposal is contrary to Structure Plan policy WD3 which states that there will be a strong presumption against waste disposal by landfill except into old mineral workings and other artificial depressions. The policy goes on to state that disposal on agricultural land will not normally be permitted unless it can be demonstrated that it is necessary to improve the agricultural quality of the land. Although it is unlikely the agricultural quality of the land will be improved, the Ministry of Agriculture, Fisheries and Food consider that it can be satisfactorily restored.

16. In my view the landraising of field No. 5353 would not have any great impact on the visual amenity of the area. The site is within an Area of Great Landscape Value, but it is in an isolated position and cannot be viewed from the road or any public right of way.

17. The proposal would have the benefits of restoring the flood storage capacity of the floodplain without creating a large number of HGV movements on the local road network.

18. The applicants have carried out a slope stability assessment to ensure that if the waste material is deposited on the sloping field that it would not slump down. The assessment confirmed that in terms of slope stability the proposal was satisfactory, however, it raised questions about the nature of the waste material. As a result the Environment Agency raised an objection to the proposal on the basis that the waste material may pose an unacceptable pollution risk to the water environment. In an attempt to overcome this objection consultants carried out a further investigation of the waste materials. The investigation comprised the excavation of trial pits in field no. 0020 and analysis of samples of the waste to determine the presence and nature of contaminants.

19. The investigation identified that the waste material was not entirely inert, as stated in the application. Non inert materials that were found included wood, wire, metal bars, sheet plastic, plastic matting, carpet, cast iron pipes and fibreglass. In view of these findings the Environment Agency have reaffirmed their objection to the proposal as it is likely to cause pollution of the water environment. The proposal would conflict with Structure Plan policy EN10 and Minerals and Waste Local Plan policy PE4 which seek to protect the water environment.

20. If the Planning Sub-Committee resolves to refuse this application action will be required to ensure that the waste is removed to a suitable licensed site. This could be achieved through enforcement action taken by this authority or through the Environment Agency's enforcement powers. In view of the fact that the objections to the proposal have been raised by the Environment Agency they should be asked by this Sub-Committee to take the required action.

Environmental Implications

21. These have been outlined in this report.

Financial and Staff Implications

Page 23 22. Enforcement action, if undertaken by the County Council, is likely to involve considerable staff time both from this Department and the Legal Unit. This is likely to increase the pressure on a section of the staff which currently has a heavy workload and a reduced staffing level.

Implications for people living in poverty

23. There are none.

RECOMMENDATION

24. It is RECOMMENDED that:

(a) planning permission be refused in respect of application no. P96/SO706/CM on the grounds that:

(i) it would put at risk the quality of the groundwater and thereby conflict with the Minerals and Waste Local Plan policy PE4 and Structure Plan policy EN10.

(ii) it would conflict with Structure Plan policy WD3 as it has not been demonstrated that the landraising would improve the agricultural quality of the land;

(b) officers be instructed to write to the Environment Agency requesting them to use their powers to take the required action to secure the removal of the waste material deposited on field No. 0200 and reinstatement of the land to its original condition; and

(c) the Assistant Chief Executive & Solicitor to the Council be authorised to serve an enforcement notice to secure removal of the waste material deposited on field no. 0200 and the reinstatement of the land to its original condition, in the event that the Environment Agency do not take the required action.

DAVID YOUNG Director of Environmental Services

Background papers: File 8.3/7577/2 "Unauthorised waste disposal at Hampstead Bottom, Shiplake."

Contact Officer: Jackie Morrell, Tel: Oxford 815884

11 December 1997

Page 24 Environmental Committee PLANNING SUB-COMMITTEE - 5 JANUARY 1998 (AGENDA ITEM PL8a)

AN APPLICATION BY THE TRUSTEES OF THE PHILLIMORE SETTLED ESTATE FOR LANDRAISING OF FIELD NG NO. 5353 WITH INERT WASTE TRANSFERRED FROM FIELD NG NO. 0200 AT HAMPSTEAD BOTTOM, SHIPLAKE - APPLICATION NO. P96/SO706/CM Report by the Director of Environmental Services Division(s) affected: Sonning Common ANNEX 2 CONSULTATIONS

National Grid Do not operate any apparatus in the vicinity. No comments.

Southern Electric No objection in principle.

- The application site is crossed by overhead lines. - Concerned about any proposal which reduces the safe clearance distance under the line. - Suggest land is not raised in the vicinity of the line or line should be diverted. - Vehicles should not breach the safe clearance distance under the line.

English Nature No comment.

South Oxfordshire District Council Environmental Health No comments.

Planning No objections to the development providing that the trees within the copse to the south of field NG 5353 are not damaged or destroyed. Trees make a valuable contribution to AGLV.

Shiplake Parish Council No comments.

Eye and Dunsden Parish Council No objection.

MAFF No objection subject to conditions covering drainage, soil handling, soil stripping, soil storage, infill material, soil replacement, differential settlement and aftercare.

Environment Agency 1st Consultation (6.1.97) Support removal of waste from field No 0200, but deposit of material in field NG No 5353 would not be acceptable - does not appear to consist entirely of inert fill. Unless the material can be shown to be inert, removal to a suitably licensed waste disposal facility will be necessary.

2nd Consultation From the analysis undertaken the material sampled is not entirely inert. No leaching tests have been carried out on the soil samples. The EA wish to see the removal of the material from the site to a licensed waste disposal facility.

Page 25 Environmental Committee PLANNING SUB-COMMITTEE - 5 JANUARY 1998 AGENDA ITEM PL12

PROGRESS ON ENFORCEMENT ACTION Division(s) affected: Previously Notified Part 1 (1-3)

Click here for Part 2

SITE AND DEVELOPER ALLEGED BREACH OF COMMITTEE AUTHORITY PROGRESS CONTROL 1. New Manor Farm, Importation, storage and ENV 17/07/90 Environment Agency is now Marston sorting of waste materials Minute 167/90 considering clearing the site and (Elsfield Parish) and skips withoout the benefit suggested joint action with the of planning permission. County Council. The Environment Mr J Barney Agency have been informed that the County Council has no money and were encouraged to clear the site because of the pollution risk. The Environment Agency now say that it has no power to remove the waste unless it causes pollution or harm to health. It suggests that (i) it approaches SODC for joint action, (ii) monitors the site for pollution and (iii) investigates the cost of removing asbestos from the site. 2. Radley Gravel Pits Non-compliance with ENV 16/10/90 Still awaiting the Environment conditions requiring the Minute 224/90 & ENV 37/09/ Agency's final comments on the J Curtis & Sons submission of a working plan 95 Minute 179/95 diversion of the watercourse under and a restoration plan. the railway line. Some work on the regrading of the banks of the eastern lake was undertaken in November. 3. Dix Pit, Stanton Exceeding approved final ENV 03/05/95 The contents of a consolidated Harcourt levels and non- compliance Minute 80/95 application for the whole site has with conditions requiring been discussed with the applicant. Controlled Reclamation Ltd restoration scheme. The application has been received and will be going out for consultation.

Page 26 Environmental Committee PLANNING SUB-COMMITTEE - 5 JANUARY 1998 AGENDA ITEM PL12

PROGRESS ON ENFORCEMENT ACTION Division(s) affected: Previously Notified Part 2 (4-8)

Click here for Part 3

4. Chowle Farm, Unauthorised deposit of ENV 27/09/95 Minute 182/95 Mr Muir has laid out the hard- Faringdon waste. & PL 14/10/96 Minute 43/96 standing and its wooden Mr Muir sleeper edging. He has a hydrological consultant collecting data on stream flows and further planting can only be carried out this winter. 5. Hundridge Farm, Unauthorised deposit of PL 19/05/97 Minute 25/97 & An enforcement notice has Ipsden waste and recycling activities.PL 01/09/97 been prepared and is with the Minute 49/97 Chief Executive & Solicitor to Mr Parker the Council to serve. 6. Pound Close, Unauthorised storage of ENV 27/09/95 Mr Bull appeared before Great Milton waste. Minute 181/95 Thame Magistrates Court on 14/04/97. Fined £250 with James Bull Plant Hire £100 costs. Site clearance is continuous. Continue to monitor site. 7. Hinksey Heights Unauthorised import and PL 01/07/96 Planning Agreement signed Golf Course deposit of inert waste. Minute 22/96 by course developers in And PLU 13/12/96 Minute February. Enforcement Mr A P Cresswell 3/96 Notice with- drawn. Developer seems to be adhering to terms of the agreement although a recent concern expressed about mud on the road. Developer has been advised that he must abide by the terms of the agreement or risk prosecution. Developer has responded saying that he agrees that this should not have occurred. He has confirmed that he does not propose to re-open the site after Christmas unless and until substantial works have been undertaken to ensure that the problem of mud on the highway cannot reoccur. About two thirds of the course mounding works complete. 8. Heathfield Farm, Unauthorised clay extraction PL 25/1/96 The void has been backfilled Bletchingdon Minute 54/96 satisfactorily. A small area of land by the track still needs Heathfield Estate to be seeded.

Page 27 Environmental Committee PLANNING SUB-COMMITTEE - 5 JANUARY 1998 AGENDA ITEM PL12

PROGRESS ON ENFORCEMENT ACTION Division(s) affected: Previously Notified Part 3 (9-11)

9. Sonning Eye Pit, Non compliance with PL 25/11/96 Not aware of any problems Sonning Eye conditions on import of Minute 55/96 arising as a result of limited aggregates. import of aggregates. Redland Aggregates Wording of B.C.N. to be agreed with solicitors. 10. Waterbridge Farm Unauthorised deposit of PL 19/05/97 An enforcement notice was Adderbury waste. Minute 28/97 served 05/09/97. Notice took effect on 07/10/97. An appeal has been lodged. Public Inquiry to be held at County Hall, 9 June, 1998. 11. Waterstock Golf Unauthorised deposit of PL 30/06/97 Enforcement Notice and Stop Course waste Minute 35/97 Notices served October and November. Planning application for amended 9 hole course has been refused by SODC Planning Committee but is due to be considered by full Council on 18 December 1997. Application for judicial review of decision to issue Enforcement and Stop Notices dismissed in the High Court on 10/12/97.

DAVID YOUNG Director of Environmental Services

Background papers: Nil

Contact Officer: John Duncalfe, Tel: Oxford 815356

11 December 1997

Page 28 Environmental Committee PLANNING SUB-COMMITTEE - 5 JANUARY 1998 AGENDA ITEM PL7

EXTRACTION OF FULLER'S EARTH AT MOOR MILL FARM, UFFINGTON (APPLICATION NO UFF/145H-CM) Report by the Director of Environmental Services Division(s) affected: Shrivenham

Introduction

1. Laporte Absorbents (Baulking) Ltd have applied for planning permission for the processing and extraction of 250,000 tonnes of fuller's earth at Moor Mill Farm and for continuation of the use of the existing plant at Baulking. The application was made in December 1995. The applicant submitted some additional information in August 1997 required to determine the application.

2. Deposits of fuller's earth at Moor Mill Farm were first discovered when boreholing was undertaken in 1989. Additional boreholing was undertaken to identify the size and quality of the deposit. In 1992 a technical report commissioned by the Department of Trade & Industry and the Department of the Environment was published by the British Geological Survey entitled "An Appraisal of Fuller's Earth Resources in England & Wales" The report identified Moor Mill Farm "as one of the few significant deposits of fuller's earth remaining in the United Kingdom".

3. Fuller's earth from Moor Mill is similar to Baulking fuller's earth and if extracted would be used to produce bentonites mainly for use in the foundry and paper industries.

Planning History

4. Permission (ABU/1110) for the extraction and processing of fuller's earth from a site at Baulking Green was granted in 1976 to Robert Brett & Sons following a public local inquiry into a refusal by Oxfordshire County Council. The inspector stated that the national need for fuller's earth outweighed the environmental objections. A condition was attached to this permission limiting processing at the plant to fuller's earth won from the site.

5. In 1991 the applicants, Laporte Absorbents (Baulking) Ltd, sought an amendment to the condition to allow import of fuller's earth from Bedfordshire for processing. Consent was granted for the import of 40,000 tonnes of fuller's earth per annum (BAU1110/RCM). A routeing agreement was entered into as part of this permission and HGVs were restricted to using the A417/A420 and Baulking Lane in order to avoid lorries going through Baulking village.

6. In June 1993 planning permission was granted for a time extension to the life of the Baulking plant until 1999 and for the construction of a new access road to the plant (BAU1110/7CM).

The Site (see plan 1)

7. The proposed application at Moor Mill Farm covers an area of 35 hectares of Grade 3 agricultural land. The site is bounded to the west and north by minor lanes and to the south by the London to Swindon railway line. There are no public footpaths crossing the site. The nearest footpath, footpath 4, lies to the east of Moor Mill Farm and runs in a southerly direction towards Uffington. Footpath No 1 runs parallel with the River Ock to the north west of the application site. Bridleway 2 lies to the north of the farm and runs north east towards Fernham. The disused Kennet and Avon canal lies approximately 1km due south of the site

8. The landscape character of the area is one of low lying small fields, interspersed with small copses and well managed hedgerows. There are some mature oaks within the existing hedgerows. Land beyond the site to the south rises to the Lambourn Downs and includes the Ridgeway and the White Horse.

9. Fernham Meadows Site of Special Scientific Interest (SSSI) lies approximately 100m to the north

Page 29 west of the site. The River Ock flows along the north east corner of the application area. The Uffington Brook flows through a culvert under the railway line and into the south eastern portion of the site.

10. Baulking village lies approximately 1.5 kms east of the proposed extraction site. The processing plant is at Baulking to the east of the village; access is from Baulking Lane. The village of Uffington lies approximately 2.5 kms due south of the site. The nearest dwelling to the site is Moor Mill Farm which lies to the eastern end of the site, approximately 20 m from the settlement pond. The County Council's established standards for mineral workings are that workings are not closer than a 100m from the nearest property. In this case the occupants own the land and have no objections to the proposal.

11. The former site of Uffington station lies to the east of the site, immediately north east of Station Bridge. This site was granted permission for light industrial uses after an appeal in September 1995. An application for an increase in floor area at this site has recently been refused by the VWHDC following an objection from this Council as highway authority.

The Proposed Development

12. The proposal is to extract approximately 250,000 tonnes of fuller's earth over a 7.5 year period which includes both preliminary and restoration work. Although the planning application covers an area of 35 hectares only 16 would actually be quarried. It is estimated that fuller's earth would be extracted at a rate of 44,000 tonnes per annum over a 5.5 year period. The quarry would be worked in progressive phases with excavation and restoration running hand-in-hand. This would mean that no more than four hectares would be quarried at any one time.

13. The Uffington Brook which is in a culvert under the railway line crosses the south eastern section of the site. The brook would need to be diverted if fuller's earth were to be quarried in this area. Other preliminary work prior to quarrying would include removal of the internal hedges and the felling of some mature trees. Two of the three isolated oak trees in the western part of the site would be felled. Top soil would be stripped and stored in the south west corner of the site to a maximum height of 4m. A concrete pad and access road would be constructed to enable the mineral to be loaded from a stockpile into a tipper lorry.

14. A three stage settlement pond would be constructed to allow any suspended solids in water pumped from the site to be settled out. Water from the quarry would be pumped by electric submersible pumps to the pond. It is estimated that between 1.5-2.5 million litres of water would be extracted from the proposed quarry on a daily basis. Any overflow will go into the Uffington Brook.

15. The first cut of the quarry would be opened up on the eastern side of the site closest to Moor Mill Farm. The overburden would be placed on the western side of the site which would be covered with topsoil and seeded. The cut and fill operation would then proceed in a westerly direction over the quarrying period.

16. Fuller's earth extracted from the quarry would be transferred to the stockpile by dumpertruck. The stockpile would be separated from the concrete loading area by a concrete wall. The mineral would be transported by a dedicated lorry. The loaded lorry would leave the concrete loading pad via a short concrete road with speed bumps which would shake off any clay that might adhere to the wheels. The concrete loading area would be inspected and swept clean on a daily basis. Any fuller's earth sweepings would be returned to the stockpile.

17. The fuller's earth extracted from the site would be transported to the existing Baulking plant for processing. Options for transporting the fuller's earth to the plant were put forward by the applicants (See Annex 5 and plan 2). They favour Option 1 which involves one dedicated lorry with a capacity of 16 tonnes making 22 movements a day. The mineral would be tipped either in the stockyard for feeding directly to the plant or may be stockpiled. In the plant it would be processed to bentonite. 44,000 tonnes of fuller's earth processed annually would produce 31,000 tonnes of bentonite product.

Page 30 18. Buildings on the site at Moor Mill would include a portacabin and portaloo which would be placed at the edge of the concrete loading area to provide facilities for the five plant operators at the quarry. The buildings would be removed from the site at the end of the restoration period. Parking of employees' cars would be adjacent to the portacabin.

19. The fuelling of quarry vehicles would be carried out at the parking area, by a bowser brought onto the site on a daily basis.

20. Restoration of the site would be progressive with some land being restored in each year of the operation. Once the mineral has been extracted the level of the land would be built up by the replacement of overburden. Some stone would be imported to facilitate drainage from the quarry bottom prior to the placing of the overburden. The amount of stone imported would not exceed 1,500 tonnes per year. An aftercare scheme would ensure that additional drainage could be introduced if deemed necessary.

21. The land would be restored to its original agricultural use except for a 4 hectare lake area which would have a void space equivalent to that of the fuller's earth extracted. There would be a small car park and circular footpath route around the lake for public access. The restoration proposal includes some substantial tree planting on the site including an oak plantation. Additional tree planting would also take place along the western boundary of the application site and in selected locations along the banks of the River Ock.

22. The applicants have agreed to a legal agreement to ensure the long-term management (25 years) and funding of the lake area.

Consultations Responses and Representations

23. These are set out in Annex 1, Annex 2, Annex 3 and Annex 4. Representations included a petition from Baulking and Uffington residents.

Addenda - Additional representations

Comments of the Director of Environmental Services

24. Key issues to be considered are the development plan context and relevant Government guidance, the transport of fuller's earth to the processing plant, other impact on the environment and the importance of the proposal to the economy.

25. PPG Note 13 Government guidance and development plan context, Transport & Minerals Planning Guidance Note 1 both recognise that minerals can only be worked where they occur. The transport of such minerals can have "significant environmental impacts" and Structure and Local Plans should seek alternative methods for transporting minerals other than by the public highway.

26. Policies M17, M18 of the Oxfordshire Structure Plan and M9 of the draft Structure Plan and paragraph 2.36 of the Minerals & Waste Local Plan (MWLP) support the use of rail, waterways, conveyors etc. to transport minerals where it is "feasible and beneficial".

27. Although the MWLP makes no proposals for further working of fuller's earth in the plan period it is recognised that such an application may be made. However, Moor Mill Farm is not an allocated site and if this Sub-Committee resolved to grant planning permission, the application should be advertised as a departure from the development plan. Proposals for mineral workings will be considered in the light of criteria set out in policies PE1 & PE2 of the MWLP. Paragraph 2.36 of the MWLP states that it is unlikely that extraction would occur where it adversely affects Fernham Meadows SSSI, impinges on the village of Uffington or is on prominent ground.

Transport

28. In principle, I would prefer to see minerals transported off the public highway wherever practicable and beneficial, and the applicants have been made aware of the Council's policy on this from the outset. Laporte have submitted a transport study outlining the transport options they have

Page 31 considered and reasons for their rejection. (Refer to plan 2 and Annex 5 for an outline of each option). The applicant considers that the most practicable way to transport the mineral from Moor Mill to the processing plant is by the public road, via Baulking. However, local residents have expressed strong opposition to such an idea, both in writing to the County Council and at a public meeting held at Uffington school. They consider that the mineral should be transported off-road via a conveyor or haul route from the site to the plant.

29. If the mineral were to be transported along the road (option 1) significant highway improvements would be required. Areas of concern along this route include visibility at the two bridges and the visibility at the junction of Station Road onto the Uffington Road. The applicant would be required to undertake the appropriate measures to ensure that these improvements were made.

30. My staff have looked in considerable detail at the route for Option 1. The applicant has overcome all concerns on highway safety grounds and is satisfied that improvements can be secured by a legal agreement. Construction of the works is likely to require road closures for up to 4 weeks.

31. The applicants have stated that the lorry proposed for the transport of the clay would be both quiet and low on emissions. It would conform to the Euro 2 emissions and noise limits. In addition the lorry would have air-brake silencers, rubber rear suspension, rubber cushions for the tipper body and special tyres to reduce road noise. The lorry would not run during times when children were waiting for school buses and returning home from school. This would be required by condition.

32. Options 2, 3,4 and 7 are not favoured by either the applicants or local people owing to the environmental intrusion they would cause.

33. The haul route to the south (Option 5) between Station Bridge and Baulking Bridge is considered to be slightly more acceptable to local people although unsatisfactory overall as the route would still use 1.8 km of the existing highway and 20 m of Baulking Green. In addition it would pass very close to two properties, Forty's Farm and Old School House. The creation of a haul route would cause a lot of disruption whilst under construction. Aggregate would have to be imported by HGVs using the local road network. There may also be safety concerns about a haul road next to the railway.

34. Option 6, which involves a conveyor, is favoured by local people who would also be happy with a haul road along this route. The applicants consider a conveyor to be an inappropriate mechanism for transporting fuller's earth as the amount of mineral to be transported daily is not sufficient to warrant it (176 tonnes per day). In addition, due to the nature of fuller's earth the conveyor would have to be covered to ensure the mineral does not get wet (refer to Annex 6). I consider that a conveyor would create a visual intrusion. It would meet additional problems when it reaches Baulking Bridge which is of brick, single arch construction as there is no route to pass through the existing arch. It would be necessary to make a portal in the abutment of the bridge for the conveyor to pass through. Structural engineers acting for the applicant consider that it is unlikely that the bridge is strong enough for such a piece of engineering. I am concerned about the feasibility of this option, the stability of both Baulking Bridge and the implications of stabilising the cutting under the Old School House, whether the major engineering works required to secure this option are appropriate to the scale of development and whether the operation of a conveyor so close to a high speed railway is safe. Railtrack have been asked for their opinion on option 6 but decline to give their views in writing.

35. On balance and despite the policy presumption in favour of off road transport I have reluctantly concluded that Option 1 is the only practicable method for transporting the mineral and am satisfied that issues of safety can be overcome by highway improvements.

The Environment

36. Initially a number of objections were raised to the proposal due to the impact that the quarry may have on the water levels of the nearby Fernham Meadow SSSI and the River Ock. English Nature, the Environment Agency, Friends of the Earth and local people considered that the pumping of groundwater from the quarry would harm the hydrological balance. Laporte's environmental consultants have carried out additional hydrogeological surveys which have satisfied the concerns

Page 32 of the consultees who have withdrawn their objections subject to regular monitoring of water levels. This work has been based on a field survey and an extensive review of records, including borehole records from the proposed quarry site, a conceptual groundwater and geological model.

37. The impact of the quarry being dewatered on the River Ock is not so clear. There may be a drop in flows. The applicants have already installed two monitoring boreholes to check on local groundwater levels. If water levels are reduced clean water will be pumped from the settlement lagoons to a point upstream on the River Ock to provide additional flows to the stream. The Environment Agency is satisfied with the boreholes that have been sunk and have withdrawn their earlier objections. Monitoring of flows in the River Ock and of dewatering of the quarry would be secured by a legal agreement. The Environment Agency are satisfied that an adequate buffer zone has been left between the River Ock and the development site.

38. The proposal involves the diversion of the Uffington Brook which supports a diverse aquatic fauna. Surveys of the brook have not identified any fresh water crayfish which are present in other stretches of the brook. A rare species of caddis fly (hydropsyche saxonica) was identified. The diverted stream would be designed to incorporate appropriate habitats for both the caddis fly and cray fish. This would include regular riffles, pools and a gravel or pebble substrate. Special techniques have been agreed with the Environment Agency to transfer the existing caddis fly to the new stream. Details of the diversion would be secured by condition with any planning permission issued.

39. The proposal would lead to the removal of some mature trees and hedgerows within the site. To compensate for these losses the applicant is proposing substantial planting which would include an oak plantation in the south western part of the site. The other area of woodland is next to the lake area and the road. Additional planting will also take place along the western boundary of the application site and in selected locations along the banks of the River Ock. Over 3,500 new trees and shrubs will be planted of which approximately 2,500 will be oaks.

40. Local people have raised concerns about dust coming from the quarry and a fine film of dust settling on the road. In wet conditions this could be hazardous and result in accidents. This is unlikely to occur as fuller's earth is a mineral with a high moisture content and therefore does not generate large amounts of dust. Dust will only be generated in exceptional prolonged dry periods. If and when this occurs dust would be controlled by means of water sprinkling from a bowser. The mineral in the lorry would be covered with a sheet to ensure that dust does not settle on the roads. The concrete loading pad would be used to ensure that none of the mineral gets onto the wheels of the vehicle.

41. It is not anticipated that noise resulting from the quarry would cause a nuisance. Similar technology would be used to that at Baulking quarry. Noise would be controlled by a condition to ensure it does not go above recommended levels.

42. The County Archaeologist has identified two possible ring ditches on the site one of which is in the north west part of the site which would have been covered on a temporary basis by the overburden stockpile. The stockpile has been redesigned to avoid this. The other is adjacent to the railway line. The County Archaeologist is satisfied that the archaeological interest can be safeguarded by condition.

The Economy

43. The report on fuller's earth produced by the British Geological Survey (1992) recognises fuller's earth to be a versatile and valuable raw mineral for which there is a national need. The Department of Trade & Industry supports the view that this is still the case. However, some local residents have questioned if there is still a national need for fuller's earth. We sought a second opinion on this issue at the Government Office for the South East. However, they declined to comment as it may prejudice the Secretary of State's impartiality should the application be called in or go to appeal.

44. The fuller's earth operation at Baulking provides 23 jobs at the plant and 7 elsewhere. The applicants state that these jobs would only be safeguarded if the new reserves at Moor Mill were

Page 33 worked.

45. In conclusion, although there is strong local opposition to the transportation of the mineral along the public highway, I am satisfied that highway safety will not be compromised. I consider that the other options (2-8) explored for transporting the mineral are either not desirable or practicable. Concerns about the impact of the development upon the environment and in particular the water table have been largely overcome and mitigating measures will be secured by condition.

Environmental Implications

46. These are described in the report.

Staff & Financial Implications

47. None have been identified.

Implications for People Living in Poverty

48. None have been identified from this report.

RECOMMENDATION

49. It is RECOMMENDED that application UFF/145H-CM be advertised as a departure from the development plan and subject to the Secretary of State confirming that he does not intend to call in the application for his own determination planning permission be granted for the proposed development subject to:-

(a) prior completion of appropriate legal agreements to the satisfaction of the Director of Environmental Services and Assistant Chief Executive & Solicitor to the Council to secure:

(i) funding of long term maintenance of the lake area;

(ii) necessary and reasonable highways improvements, which include the following:

(2) Station Road - Carriageway edge strengthening - Carriageway resurfacing/reconstruction - Provision of 3 passing bays - Improved signing to the two bridges

(3) Baulking Road - Carriageway edge strengthening - Protective kerbing to Baulking Bridge and resurfacing of carriageway - Carriageway strengthening east of Laporte's existing plant entrance - A417 - Priority signing to Baulking Bridge

(4) Station Road/ - Visibility improvements requiring Baulking Road Junction carriageway widening.

(iii) monitoring of the water levels in the River Ock, dewatering of the

Page 34 quarry and groundwater levels;

(iv) a railway track levelling survey to be undertaken prior to the dewatering operations on the site;

(v) routeing of all HGVs ingressing and egressing the site;

(b) conditions to be determined by the Director of Environmental Services to include:

(1) end date of 31 December 2008, including removal of all buildings and structures and restoration. (2) complete compliance with plans and particulars. (3) phasing of mineral extraction area. (4) standard hours with no lorry movements during schoolchildren's arrival and departure times. (5) mitigation of any adverse changes to groundwater levels. (6) details of works for storm or surface water run-off. (7) details of the diversion relating to Uffington Brook. (8) dedicated loading pad for the mineral. (9) noise and dust prevention measures. (10) maintenance of planting. (11) archaeological mitigation measures. (12) aftercare.

DAVID YOUNG Director of Environmental Services

Background Papers: 8.4/3092/2 Moor Mill Farm Uffington, Extraction of Fuller's Earth Parts 1-4

Contact Officer: Amanda Ford Tel: Oxford 815871

8 December 1997

Page 35 Environmental Committee PLANNING SUB-COMMITTEE - 5 JANUARY 1998 AGENDA ITEM PL7

EXTRACTION OF FULLER'S EARTH AT MOOR MILL FARM, UFFINGTON (APPLICATION NO UFF/145H-CM) Report by the Director of Environmental Services Division(s) affected: Shrivenham ANNEX 1 CONSULTATION RESPONSES ON ORIGINAL APPLICATION

Environment Agency Object to the proposal: (a) due to the impact that it will have on the flora and fauna of the Uffington Brook; (b) insufficient detail in the Environmental Statement on the potential impact on the water environment

MAFF The proposal does not include any loss of best and most versatile land.

DLA - Archaeology There are no significant archaeological features within the area of proposed extraction. There are two ring ditches that will required limited mitigation.

English Nature Object to the proposal due to the impact on the water regime of the Fernham SSSI.

DLA - Footpaths Public Footpaths Nos 1 & 4 - the paths are unaffected and should not be encroached upon by the proposed planting scheme.

VWHDC - Planning Objects to the proposal: (a) lorry movements will have a harmful impact upon the minor roads, compromising highway safety and the amenities of nearby dwellings. (b) the proposed restoration plan shows insufficient tree planting in view of the sites location within the Great Western Community Forest area.

VWHDC - Environmental Health The applicant should comply with the District Council's Planning & Noise policy in respect of the extraction work and noise generated.

Railtrack Comments are as follows: (a) concerns regarding the potential effects of de-watering operations at this site and it will be necessary to undertake a track levelling survey prior to the commencement of pumping. (b) railtrack has concern regarding the use of the two railway bridges. One of the bridges has a restricted width between the parapets and the other has a 3 tonne gross vehicle weight restriction in force.

CPRE Concerned about the environment and the increased use of traffic on rural roads.

Uffington Parish Council Concerned about the increase in traffic on the rural roads. Does not object to the extraction of this natural resource but the operation should not increase the likelihood of flooding which occurred in May 1994

Friends of the Earth Object to the proposal : (a) Impact on Fernham Meadows SSSI (b) Impact upon flora and fauna

Page 36 (c) Insufficient buffer zones between the mineral workings and the River Ock. (d) The roads are not suitable for the movement of large vehicles (e) No proven case for national need. (f) This site would set a precedent for additional mineral workings in the area.

Thames Water No objections

CONSULTATION REPLIES ON THE ADDITIONAL INFORMATION

English Nature No objections

Railtrack Although Baulking Bridge has no weight restriction the width over the bridge is limited by the clearance between the parapets. If Option 1 is approved a traffic priority system should be introduced on the approaches to the bridge. A proposal to install a conveyor route would not be unacceptable to Railtrack but would be subject to severe constraints in terms of protecting the railway & Baulking Bridge. Construction of a haul route between Uffington Bridge and Baulking Bridge would need to be fully investigated and soil tests undertaken as to the suitability of the cutting to support road loading and vehicle movements. It is not clear at this stage if the stability of the cutting is sufficient for this proposal. Railtrack has no objection to the principle of the proposals at this site, provided they are undertaken in accordance with the revised plans and subject to various conditions.

CPRE Any HGV to be used for transporting the mineral should be fitted with a catalytic converter to minimise pollution. An agreed low speed limit should be in force. The need for a warning sign at Baulking Bridge should be investigated. Due to the complex region of geological strata underground water movement can be unpredictable. Proposed monitoring and checks on stream flow must be enforced.

Farming & Rural Conservation Agency (MAFF) Original comments still stand. The restoration proposals for the site leaves an isolated area which is impractical for farming. It would be difficult to maintain the grassland and expensive to exclude livestock from the planted areas if the proposed layout is adopted.

Friends of the Earth Object due to the unacceptable impact on the aquatic environment.

Department of Trade & Industry Fuller's earth is a nationally rare mineral. The Moor Mill site will provide a supply of high quality fuller's earth. Laporte Absorbents (Baulking) Ltd is the only significant supplier of foundry bentonites produced from British fuller's earth. It is used in the papermaking industry both in the UK and abroad. The extension of the Baulking operation will safeguard 30 jobs.

Environment Agency No objection to the proposal provided that clear details are provided regarding the diversion of the Uffington Brook and monitoring of the River Ock and these are secured by a legal agreement.

Uffington Parish Council The Parish reiterates its comments from the first consultation. In addition: (a) The continued justification for extraction in this area must be fully examined in the context of the national importance of fuller's earth; (b) Alternative options to using the road have not been rigorously investigated; and (c) Further proposals to expand the Old Uffington Station site must be investigated. The Parish Council strongly oppose the transport of the material on the public highway.

Baulking Parish Meeting Does not oppose the extraction of fuller's earth but is opposed to its transportation along the public highway.

Page 37 Due to other deposits of fuller's earth towards Fernham it is anticipated that there will be further developments. Laporte's reappraisal of the haul options has been superficial. Such development and traffic planning runs counter to the deposit draft of the local plan and national planning guidance notably PPG 7 & PPG13. The village is opposed to any crossing of the historic Baulking Green, except where it is essential. The northern haul route is objected to on environmental grounds. The preferred option is either a conveyor, haul way or narrow gauge railway on the north side of the railway.

VWHDC - Environmental Health Concerned about potential for noise and dust disturbance to the 13 dwellings along the road. Preferred option is the haul route to the north.

Additional Representation

DTI.

Page 38 Environmental Committee PLANNING SUB-COMMITTEE - 5 JANUARY 1998 AGENDA ITEM PL7

EXTRACTION OF FULLER'S EARTH AT MOOR MILL FARM, UFFINGTON (APPLICATION NO UFF/145H-CM) Report by the Director of Environmental Services Division(s) affected: Shrivenham ANNEX 2 OBJECTIONS

OBJECTIONS RAISED FROM ORIGINAL APPLICATION

Objections were received from the following: 1. Mrs Sheila Shirley - Old School House, Baulking 2. Mr & Mrs Carvalho - 1 Upper Common, Uffington 3. Mr P W Armishaw - 6 Craven Cottage, Uffington 4. P Harper, Tamarish Cottage, Uffington 5. Colonel A J Bateman - Vicarage Farmhouse, Baulking 6. Mr & Mrs L Pell - 2 The Pinnells, Fawler Road, Uffington 7. Mr Peter Bradley - 1 Colliers Farm Cottages, Baulking 8. Greywetters, High Street, Uffington 9. Mr & Mrs W. T. Mattingley- Old Station House, Uffington 10. Packford Garrett Family - Threeways, Woolstone Corner, Uffington 11. Councillor Tina Monk (DC) - Craven Farm Cottage, Uffington 12. Mrs C Creighton, Orchard House, Stanford-in-the-Vale

List of objections: 1. The road is totally unsuitable and dangerous for additional traffic, in particular an HGV undertaking 22 movements per day. 1, 4, 5, 6, 7, 8, 9, 10, 11,12 2. The dust from the proposed quarry will cause nuisance. 1, 3. Fuller's earth on the road will be very dangerous. 1,11 4. Every possible means of transportation should be investigated. 2 5. Bridges are entirely unsuitable for this type of traffic 1,8,9. 6. Remote rural landscape in the middle of the Vale. 11 7. Impact upon the SSSI at Fernham Meadows, the Uffington Brook and the River Ock.7,11, 8. Critical junction of the canal restoration project. 11 9. Interesting wildlife would be disturbed at the Woodland Trust reserve.12

Objections raised from additional information

1. Councillor Tina Monk (DC) - Craven Farm Cottage 2. Mrs S Shirley - Old School House,Baulking 3. Mr I Logan - Baulking 4. R Heacock & Isabelle Barber - 1 Manor Farm Cottages, Baulking.

1. Road is unsafe for the transportation of the fuller's earth from Moor Mill to Baulking.1, 4. 2. The proposal will have a detrimental impact upon the environment.1 3. The highway is in a poor state of repair. 2 4. Planning agreements are continually being changed.2 5. Most staff employed at the Baulking plant are not local. 2 6. The extraction will cause major dust and noise pollution.2 7. Fuller's earth spilt on the road will lead to accidents.2 8. Questionable if there is a national need for this mineral.3 9. There are only three genuine local workers.3

Page 39 Environmental Committee PLANNING SUB-COMMITTEE - 5 JANUARY 1998 AGENDA ITEM PL7

EXTRACTION OF FULLER'S EARTH AT MOOR MILL FARM, UFFINGTON (APPLICATION NO UFF/145H-CM) Report by the Director of Environmental Services Division(s) affected: Shrivenham ANNEX 3 Support

Support for the original application

Support was received from the following: 1. Dr PJ Lewis- Fernham Road, Uffington

Support the additional extraction of fuller's earth.

Support for application following additional information

Supporter's name 1. Mr David Galvin- 23 Woodbine Terrace, Swindon 2. Mr R Liddiard - Forty's Farm, Baulking 3. Mr D M Hayden - 1 Brewery Court, Faringdon 4. Mr W M Dunn - Reflecting Roadstuds Ltd 5. Mr R W Bracey - Home Farm,Woolley, Wantage 6. Mr D J Coxhead - White Horse Transport, Stable Cottage, Uffington 7. Mr N Alford - Unit 1B, Burford Road, Witney 8. Mr A D Coxhead - 5 Patricks Orchard, Uffington, Oxon 9. Mr I Hearnshaw - c/o Laporte Absorbents (Baulking) Ltd 10. Mr J Matthews - Common Farm, Uffington 11. Mr S Evans - 43 Barrington Close, Liden, Swindon 12. Mr J Godfrey - Godfrey & Sons, Haulage Contractors, Buckland 13. SH Fox - Fox Plant Ltd, Caenby Hall, Lincoln. 14. Mr C T Huggins - 34 Kennett Close, Grove 15. Mr R A Pass - Granton, High Street, North Moreton 16. Mr D G Edmonds - SSI Ltd, Electrical Engineers, 2A Swindon Road, Highworth

1. The plant and quarry at Baulking is not intrusive and does not pollute the environment. Laporte has done a good job extracting at Baulking and restoring the land 1,2,4,5,6,7,11,15 2. The plant provides local jobs.1,2,3,5,6,7,11,13,14,15,16 3. The proposal will not have a detrimental impact on the environment.16 4. It would be better to transport the mineral along the road rather than creating a haul road which would damage the environment.2 5. Bentonite produced at Baulking of a high quality used as binder for moulding sand.9 6. National need for this mineral, imports do not help the UK balance of trade deficit. 4,5 7. The public highway is the most direct route.7, 10, 8. The restored site will create an attractive environment. 8.11,12 9. Laporte at Baulking provides a national supply of fuller's earth . 9,11 10. The area has benefited from having Laporte's working in terms of improved roads, employment, contributions to local rates and local good causes. 10 11. The site makes use of local businesses and supports the local economy.11,12 12. Laporte's business keeps us in employment.16

Page 40 Environmental Committee PLANNING SUB-COMMITTEE - 5 JANUARY 1998 AGENDA ITEM PL7

EXTRACTION OF FULLER'S EARTH AT MOOR MILL FARM, UFFINGTON (APPLICATION NO UFF/145H-CM) Report by the Director of Environmental Services Division(s) affected: Shrivenham ANNEX 4 Petition

A petition with 191 signatures from Uffington residents and 91 signatures from Baulking residents was forwarded to the County Council by the residents of the villages.

The petition reads:

"We the undersigned wish to register disapproval to the proposal that Laporte be allowed to use the Uffington Station bridge, Station Road and Baulking Bridge for the transportation of Fuller's Earth from Moormill to Baulking."

Page 41 Environmental Committee PLANNING SUB-COMMITTEE - 5 JANUARY 1998 AGENDA ITEM PL7

EXTRACTION OF FULLER'S EARTH AT MOOR MILL FARM, UFFINGTON (APPLICATION NO UFF/145H-CM) Report by the Director of Environmental Services Division(s) affected: Shrivenham ANNEX 6

Additional information submitted by the applicants concerning Option 6 Ä Conveyor belt system alongside the railway line

1. A conveyor has the capacity to transport large amounts of material. The smallest conveyor can transport 750 tonnes per hour. The amount of material to be transported daily from Moor Mill Farm to Baulking is 176 tonnes per day. The conveyor would need to be covered as fuller's earth must remain dry or it would stick to the conveyor.

2. Vehicular access would be required along one side of the conveyor to allow for inspection and maintenance. On the other side a width of about 1.0m would be needed to allow a person to inspect the conveyor. High security fencing and vehicle crash barrier would be required on the railway line side. A drive motor would need to be installed every 300m.

3. The proposed conveyor could run along the north side of the railway line from Moor Mill Farm passing under the Station bridge and alongside Station House. Railtrack require vehicle access to their signal relay building in the old station yard. Thus, it would be necessary to elevate the conveyor to allow a vehicle (up to 3.5m clearance) to pass underneath to gain access to the building.

4. The conveyor could run along the top of the cutting but then would need to drop down the side of the cutting before reaching Baulking Bridge. It would be necessary to make a portal in the abutment of the bridge for the conveyor to pass through. In order for a vehicle to pass through the bridge alongside the conveyor the minimum size of the opening would need to be 5.4m x 2.8m. Beyond Baulking Bridge the conveyor would pass below the Old School House. The sides of the cutting would have to be stabilised by piling. Some 500-600m east of the bridge the conveyor needs to turn through 90° and pass under the realigned Baulking Lane culvert.

5. The section of railway line between Baulking Bridge and the plant is used by 125 mph trains. A high standard of fencing and crash barriers would be required to ensure vehicles do not enter railway land.

Page 42 Environmental Committee PLANNING SUB-COMMITTEE - 5 JANUARY 1998 AGENDA ITEM PL7

EXTRACTION OF FULLER'S EARTH AT MOOR MILL FARM, UFFINGTON (APPLICATION NO UFF/145H-CM) Report by the Director of Environmental Services Division(s) affected: Shrivenham

ANNEX 5 The Transport Options

Option 1 - Direct Route by Road

The lorry would pass along the public highway between the site and the plant at Baulking, a distance of 2.2 miles. There are 8 homes close to the route. Passing bays would need to be created along Station Road and visibility at the junction with Uffington Road would have to be improved.

Option 2 - By Road via Shellingford

This public route would avoid Baulking village but would involve a distance of 14 miles round trip. It would introduce lorries over a much wider area.

Option 3 - Haul Road North of Baulking

This route would cross undisturbed countryside to the north of the village. The route crosses two footpaths and a bridleway and goes close to the River Ock.

Option 4 - Haul Road across Baulking Green

This route crosses Baulking Green and goes near 6 properties.

Option 5 - Haul Road South of Baulking

This route would cross a 20 metre stretch of Baulking Green and would be close to five properties. It would use Railtrack land and have to satisfy safety requirements.

Option 6 - Conveyor alongside Railway Line.

The conveyor would have to be covered and protected by high security fencing. It would also require vehicle access along its length to allow for inspection and maintenance.

Option 7 - Conveyor along northern haul route

The conveyor would cross the same route as Option 3.

Option 8 - Pipeline

No technology exists for pumping fuller's earth as a slurry.

Page 43 Environmental Committee PLANNING SUB-COMMITTEE - 5 JANUARY 1998 AGENDA ITEM PL8

AN APPLICATION BY WYATT BROS (OXFORD) LTD FOR CLAY EXTRACTION AT WATERSTOCK GOLF COURSE, WHEATLEY (APPLICATION NO P97/NO612/CM) WITHOUT COMPLYING WITH CONDITION 15 OF PLANNING PERMISSION P93/NO476/CM Report by the Director of Environmental Services Division(s) affected: Wheatley

Introduction

1. An application has been made by Wyatt Bros (Oxford) Ltd to continue extraction of clay at Waterstock Golf Course without complying with condition Condition 15 sets an end date of 1 November 1997. Wyatt Bros want to continue extraction for a further twelve months.

2. Planning permission for the extraction and export of clay from the site of the lakes was granted on 21 January 1994 for a two year period (ref P93/N4076/CM, Environmental Committee minute no 187/93).

3. The original clay extraction permission was extended for a further two years under application number P95/NO418/CM. (Environmental Committee minute number 249/95). This permission was granted allowing clay to be extracted from the site until 1 November 1997.

Planning History

4. On 30 June 1997 this Sub-Committee authorised enforcement action against the unauthorised deposit of waste to create landscape mounds on an area immediately to the east of the lake site (minute no 35/97). An enforcement notice and stop notice was served. The stop notice came into effect on 28and no waste has been deposited on this part of the site since. A further enforcement notice was served on the 31 October 1997 covering the area to the west of the golf course and the area including the irrigation lakes.

5. The Planning Urgency Sub-Committee (Minute no 7/97) authorised further authority to take enforcement action over the remainder of the site as a considerable amount of waste was being brought onto the site. The majority of this waste was coming from the Motorway Service Area that is currently under construction near Wheatley. Some of this material has been tipped into the void.

6. The Council then served an enforcement and stop notice on the remainder of the site. The stop notice came into effect on 16 November 1997. Wyatt Bros Ltd sought an interim injunction in the High Court against the stop notice pending judicial review proceedings. This was granted and tipping started again almost immediately. The injunction was finally lifted on 10 December 1997 when an application by Wyatt Bros for a full judicial review was refused in the High Court. The stop notices continue in force. The County Council was awarded indemnity costs. No tipping has occurred at the site subsequently. Wyatt Bros have appealed against the enforcement notice and an inquiry will be held next year. The outcome of this inquiry will decide whether or not the County Council is liable for any compensation.

7. An application was submitted to South Oxfordshire District Council (SODC) for a revised 9 hole course layout and a landscape scheme. This application was refused by SODC Planning Committee. However, the application was reconsidered by the District Council meeting on 18 December 1997 and the decision of SODC will be reported verbally at the Planning Sub-Committee. The County Council has objected to this application as significant amounts of additional material would be brought onto the site.

The Site (see plan)

8. Waterstock Golf Course is located off the A418 Thame Road immediately to the east of Junction 8 of the M40. The River Thames runs along the northern boundary of the site. The village of Waterstock is about 800 metres to the east.

Page 44 9. The site is located within the Green Belt and within an area of Great Landscape Value identified in the South Oxfordshire Local Plan (adopted).

Description of the proposal

10. Planning permission for the extraction and export of clay from the site of the lakes was granted in January 1994 to enable irrigation lakes to be created for use with the applicant's golf course. The course has been constructed and it abuts the area granted for clay extraction. The applicant wishes to complete the clay extraction operation in order to be able to fill and use the irrigation lakes and to assimilate the lakes within the landscaping of the course. The applicant requests an additional year to complete the extraction operation.

Consultations

11. Consultation replies are set out in Annex 1.

Comments of the Director of Environmental Services

12. The original planning consent was granted in January 1994, and was extended for a further two years in January 1996.

13. Policies EN4 and EN5 of the Structure Plan, G4 and EN5 of the Deposit Draft Structure Plan WD3, relate to the character and visual amenities of the Green Belt and areas of high landscape value.

14. Policy SD5 of the Minerals and Waste Local Plan (MWLP) identifies areas where clay extraction will normally be permitted. Waterstock Golf Course is not one of these areas.

15. Concern has been raised about noise resulting from the development. The recently expired permission had a noise condition attached to ensure that bleepers are not used unless agreed by the local planning authority. Bleepers are currently being used and I have requested that the applicants submit details of an alternative reversing warning system to be used as set out in condition 11.

16. An objection has been raised about the silica content of the clay and the potential for the dust to cause silicosis. This issue has not been raised in the past. I have received a letter from the SODC Environmental Health department confirming that there are no health risks associated with dust from the clay of the type to be extracted, ie Thames Valley blue clay.

17. Concern has been raised about the blocking of footpath 1 at the site. The path has recently been cleared and marked out. The Rights of Way field officer is satisfied with the path and requests that it must be kept open and free from obstruction at all times.

18. Wyatt Bros (Oxford) Ltd, in a second affidavit submitted as part of an application for judicial review, claims that there is no need for an irrigation lake if the application for the revised 9 hole layout is refused. The affidavit states "The lake for which planning permission has been granted is required to irrigate only if all 27 holes are built." If South Oxfordshire refuse the application for the additional 9 holes on 18 December, there would appear to be no need for this irrigation lake. The County Council have objected to this application as significant amounts of additional material would be brought on the site. In these circumstances, given the policy objections to this development and the lack of proven need for the irrigation lake, this application for extension of time to extract clay should be refused.

Environmental Implications

19. The environmental implications are as described in this report.

Financial and Staff Implications

20. There are none.

Page 45 Implications for people living in Poverty

21. There are none.

RECOMMENDATIONS

22. It is RECOMMENDED that subject to South Oxfordshire District Council confirming the refusal of the application for the 9 hole revised layout, planning permission be refused in respect of application no. P97/NO612/CM for the extraction of clay without complying with condition No (end date of 1 November 1997) of planning permission P93/NO476 on the grounds that the proposal is contrary to the Minerals and Waste Local Plan policy SD5 in that it is not within a recognised area for clay extraction and the applicant acknowledges that in the absence of permission for a further 9 holes of golf there is no need for an irrigation lake.

DAVID YOUNG Director of Environmental Services

Background papers: File Nos 8.3/6205/1, 1.1, 1.2 - Waterstock Golf Course. Held in Land Use Planning Section of Environmental Services.

Contact Officer: Amanda Ford, Tel : Oxford 815871

17 December 1997

Page 46 Environmental Committee PLANNING SUB-COMMITTEE - 5 JANUARY 1998 AGENDA ITEM PL8

AN APPLICATION BY WYATT BROS (OXFORD) LTD FOR CLAY EXTRACTION AT WATERSTOCK GOLF COURSE, WHEATLEY (APPLICATION NO P97/NO612/CM) WITHOUT COMPLYING WITH CONDITION 15 OF PLANNING PERMISSION P93/NO476/CM Report by the Director of Environmental Services Division(s) affected: Wheatley ANNEX 1 CONSULTATION RESPONSES

Environment Agency No objection.

South Oxfordshire District Council No objection.

FRCA No objection.

Mr M J Evins - Ramblers Association Footpath No. 1 has been obstructed by spoil and is unworkable.

Waterstock Parish Meeting Objects to a further time extension being granted: 1. Clay mining has lasted twice the originally planned time. 2. Activity involves continuous noise and dust from HGVs and the extraction process. 3. Unsightly scar in the Green Belt. 4. Creation of the lake was the key activity and not commercial clay extraction. 5. Reversing bleepers are being used. 6. Footpath 1 has not been marked out. 7. Irrigation lake is not needed.

Department of Leisure and Arts Footpath 1 must be kept open and free from obstruction at all times.

Representations from members of the public

Mr and Mrs RM Arthur Object to a time extension: 1. Clay is only extracted when the price is right. 2. Activity is detrimental to the Green Belt and the leisure activities of a golf course.

Mr and Mrs C Fairburn Object to a time extension: 1. No commitment to complete the work. 2. Detrimental to the green belt policy.

Jane Hanson Object to a time extension: 1. In the summer clouds of dust arise from the clay being transported. Fine clay dust is silica and can cause silicosis. 2. Landscape is being damaged and changed out of all recognition.

Page 47 Environmental Committee PLANNING SUB-COMMITTEE - 5 JANUARY 1998 AGENDA ITEM PL6

COUNTY COUNCIL PLANNING APPLICATIONS Report by the Director of Environmental Services

1. The Schedule annexed to this report considers 3 current planning application for County Council development, made under Regulation 3 of the Town and Country Planning Regulations 1992.

Application No. C.29/97 (detailed) Construction of extensions to Secure Unit, including security fencing, recreation areas, car park and landscaping, Thornbury House, The Moors, Kidlington

Application No. S.27/97 (detailed) Erection of two prefabricated double classroom buildings for a temporary period of 5 years, Didcot Girls School, Sherwood Road, Didcot

Application No. W.11/97 (detailed) Construction of footbridge across River Windrush, crossing of River Windrush 200 metres N.W. of Newbridge, Standlake

2. The applications and any letters of objection which may be received are available for inspection in the Land Use Planning Section of Environmental Services (refer to Contact Officer.)

Environmental Implications

3. These are identified as appropriate in the application schedule.

Staff and Financial Implications

4. The Sub-Committee are asked to determine the applications. The finance for and staff implications of each individual scheme are a matter for the promoting Committee.

Implications for People Living in Poverty

5. There are none arising from this report.

RECOMMENDATION

6. It is RECOMMENDED that subject to consideration of any further representations received by the date of the meeting, the applications be determined as recommended in the schedule appended to the report, subject to the detailed wording of the recommended conditions being agreed by the Chief Planning Officer.

DAVID YOUNG Director of Environmental Services

Background papers: Nil

Contact Officer: John Griffin, Tel. Oxford 815723

December 1997

Page 48 Environmental Committee PLANNING SUB-COMMITTEE - 5 JANUARY 1998 AGENDA ITEM PL6

COUNTY COUNCIL PLANNING APPLICATIONS Report by the Director of Environmental Services SCHEDULE OF COUNTY COUNCIL DEVELOPMENT PROPOSALS Application No. C.29/97 (detailed)

Application No. C.29/97 (detailed) Construction of extensions to Secure Unit, including security fencing, recreation areas, car park and landscaping, Thornbury House, The Moors, Kidlington Development and Site (see plan):

This application is for alterations to the Secure Unit to increase the number of places from three to seven (three by internal alterations, one by a small extension) and for the erection of a 5.2 metre high security fence, construction of hard play areas, relocation of car parking and landscaping. The fencing is only visible to the public from a field path and through a hedge/tree screen, the extension infills a recess at the rear of the building and the car park abuts a builders yard. Homewell House adjoining is a listed building but its setting is not prejudiced by this proposal. There are no planning policy implications.

Results of Consultations:

Kidlington Parish Council Ä no objection.

Environment Agency Ä no objection.

Kidlington Residents Committee Ä object Ä Kidlington a dumping ground for murderers, arsonists, rapists and drugsters Ä socially unacceptable Ä access unsatisfactory Ä helicopter surveillance unacceptable, elderly will be troubled by undesirables.

Homewell House Petition from 25 persons Ä object Ä agree with Kidlington Residents Committee facts and arguments.

County Archaeologist Ä no objections Ä suggests archaeological informative.

92 letters of objection received

The main points raised were as follows:

1) The harmful effect on residents of Homewell House and local residents. (64 letters) 2) The Centre should move to Campsfield. (21) 3) There will be an increase in the vandalism already suffered by the local residents. (19) 4) Object to extension of use. (19) 5) Access unsatisfactory Ä fire engine access unsuitable Ä access should not be shared with Elderly Persons Flats. (14) 6) Youths have escaped before as there is a lack of control. (12) 7) Would create a prison like environment in a residential area. (10) 8) Affect on property values. (9) 9) Noise from helicopter over the Centre. (5) 10) The Centre will not be used only for offenders from Oxfordshire but will house those from out of the county and it is a fund raising exercise to the detriment of local people. (5) 11) There will be excessive illumination from proposed floodlighting. (2) 12) Destruction of hedgerows and trees will destroy the local environment. 13) Oxford Prison should be used. (1)

Results of consultations contd

One letter of support from local resident - Centre will contribute to number of children placed in adult prisons -

Page 49 leaflets distributed in the area contain inaccuracies.

The Planning Bureau Ltd Ä on behalf of McCarthy & Stone Ä surprised by the Kidlington Residents Committee's comments on visitor parking at Homewell. There is in fact adequate resident and visitor parking.

The consultation period has not yet expired and any further representations will be reported at the meeting.

Director's Comments:

Thornbury House was designed in 1961 for 33 resident boys and 12 resident staff and included a Secure Unit that could hold up to 10 boys. Following adaptations in the 1980's, it now comprises an open unit for 8 boys, a secure unit for 3 boys and a school for 14 pupils, some of whom come from the open unit. There are no resident staff.

The Secure Unit admits boys between the age of 12-17 who are considered to be a risk to themselves, or others, or are likely to abscond from other types of care establishment. They are admitted either on welfare grounds or on the seriousness of an offence. Once in the secure unit, they are under constant supervision and remain secured for the duration of their stay.

This proposal is for the addition of four places to the existing secure unit which currently accommodates only three spaces. The addition of these places will negate the need to place Oxfordshire residents elsewhere in the country at considerable cost.

The enlargement of the Secure Unit is planned to be carried out by internal alterations and by one small extension to the bedroom area. The secure area has been increased externally to provide more supervised activity space, and this will be secured by new 5.2 metre high fencing. The impact of this would be minimised by retaining the existing trees to the front of the home, the hedge and trees to the field boundary and by additional landscaping.

There will be an increase in staff by 2 people per shift and the car parking has been re-organised to allow for this.

The objectors to the application appear to have based their views on perceived problems from the Open Unit, although no changes to the Open Unit are proposed in this application. The addition of four secure units would not create any measurable risk to the local community since the boys would be secured at all times.

There would be no measurable increase in traffic from the application and the only significant works would be the erection of a 5.2 metre high fence at the side and rear of the Centre. This would not be readily visible to the public because of the existing hedge and trees on the adjacent boundary and the proposed landscape planting at the rear.

Floodlighting of the external activity area would be by lights which would be cowled to avoid upward light spread and which would point towards the building to prevent the light source being visible from outside the site. The shared access with the adjacent Homewell House, although not of material consideration in this application, was designed as a shared access at the request of McCarthy and Stone who carried out the Homewell development in full knowledge of the adjacent uses.

Thornbury House and the proposed works are so remote from the adjacent listed building as to have no effect on its setting.

The effect on property values is not a planning matter.

Staff Implications: None.

RECOMMENDATION:

I RECOMMEND that, subject to the consideration of any objections received by the date of the meeting, the application be approved subject to the following conditions:

1. Detailed compliance.

Page 50 2. Detailed duration limit Ä 5 years. 3. Landscaping scheme to be approved. 4. Boundary treatment to be approved. 5. Additional Secure Unit places not to be occupied before completion of parking provision. 6. Details of floodlighting to be approved. 7. No trees to be removed other than those approved under this permission. 8. Details of the road and drainage works beside the weeping willow at the front of the site to be approved. 9. Materials to match existing.

Page 51 Environmental Committee PLANNING SUB-COMMITTEE - 5 JANUARY 1998 AGENDA ITEM PL11

APPLICATION FOR INFILLING OF EXISTING QUARRY WITH NATURALLY OCCURING SUBSOILS AND OTHER INERT WASTES TO FORM A COUNTRY PARK. IMPORTATION OF WASTE AGGREGATES FOR RECYCLING AND RESALE, ELM FARM QUARRY, STRATTON AUDLEY NEAR BICESTER (APPLICATION REF: 97/01501/CM) Report by the Director of Environmental Services Division(s) affected: Ploughley

Introduction

1. An application has been made by Stratton Audley Quarry Ltd to infill an old limestone quarry with inert wastes, to recycle waste aggregates and to use the restored site as a Country Park.

The Site

2. Stratton Audley Quarry is 38 hectares in extent. It lies approximately one kilometre from the north eastern edge of Bicester at the closest point to the quarry. Stratton Audley village is some 300 metres to the north east. The quarry abuts, on its south western edge, Bicester Airfield which is in MOD ownership but otherwise it is surrounded by agricultural land. There is a house, The Orchard House, 110 metres from the site close to the old landfill site.

3. The site comprises a large, extensively worked out limestone quarry that was, until recently, flooded to levels close to the surrounding land levels. Part of this quarry is a geological SSSI. To the north west adjacent to the road to Stratton Audley village is land owned by the County Council and once used for deposit of household waste. This landfill site has been poorly restored and abandoned to scrub vegetation. Part of the County Council's land is a flooded limestone working separate from the main quarry and used as a fishing lake by a local angling club. The County Council land is part of the application site.

4. To the east and north-east of the old landfill site is land yet to be worked. The access to the quarry is from the Stratton Audley Lane to the north-east of the old landfill site. The A421 Bicester to Finmere road is 300 metres to the west of the access. To the south east is another flooded working used as a fishing lake. A large mound of quarry rejects is adjacent to that lake and is extensively grassed and scrub covered. There is an area of woodland within the site adjacent to that lake.

The Planning History

5. The Quarry has been worked since before the War and extension permissions were granted in 1949, 1954 and 1957. It has been worked intermittently over the period since those dates but until recently the only working has been to supply major road building contracts such as the M40 construction. Stratton Audley Quarry Ltd started extraction again this summer.

6. Stratton Audley Quarry Ltd made an application for new planning conditions in May 1997 which this Sub-Committee considered on 30 June 1997 (minute 41/97). A revised list of conditions was approved and the notice was issued on 4 July 1997. In November Stratton Audley Quarry appealed against the revised conditions.

7. In May 1997 Stratton Audley Quarry Ltd made an application (ref. 97/01052/CM) virtually identical to the current one. They appealed against this Authority's non-determination of that application on 31 July 1997. An Inquiry will be held in June 1998 into both the non determination of the infilling application and the new planning conditions decision.

8. The current application was made on 11 August 1997. Concerns were expressed by consultees on groundwater protection and highways matters and there were issues to be resolved on the Country Park. The rate of waste entering the site was above the threshold figure above which an

Page 52 Environmental Assessment could be required and so one was requested.

9. Stratton Audley Quarry Ltd appealed to the Secretary of State against the requirement to carry out an assessment. That appeal is in abeyance at the request of the appellant whilst negotiations continue with officers.

10. In the summer the applicant began to deposit waste in the quarry. The Environmental Committee's Planning Urgency Sub-Committee resolved on 30 October (minute: 4/97) to issue and serve an enforcement notice against the unauthorised deposit of waste and a stop notice if it was considered appropriate in the circumstances pertaining at the time of resumption of the deposit of waste. The applicant offered to stop deposit of waste voluntarily until 5 January 1998 whilst his application was being considered. Waste disposal stopped in early November and has not, at the time of preparation of this report, been restarted.

The Proposal

11. The proposal is to fill 32 hectares of the quarry with 1 million cubic metres of inert waste at a rate of some 90,000 cubic metres a year over a ten year period. Infilling will be phased generally north to south. The main part of the quarry was a lake until it was dewatered earlier this year. The applicant stated that the dewatering was a safety measure necessary following an accidental drowning in 1996. The traffic generation proposed for infilling is an average of 24 loads a day (48 movements) with a maximum of 45 (90

12. The proposal also includes the processing of 15,000 tonnes of waste bricks, tiles and concrete each year to create crushed hardcore. A mobile crusher will be brought onto the site from time to time to crush the collected materials. No materials from this operation will need to be landfilled. It is proposed that the infilling and recycling operations together have an office, weighbridge, wheelwash and residential caravan. The traffic generation proposed for recycling is three loaded vehicles entering and leaving the site daily (6 movements).

13. It is proposed that mineral extraction will continue until 1 November 1999. The applicant has supplied a draft Unilateral Undertaking to cease to extract mineral after this date if infilling permission is granted and is implemented. At the time of writing this report the Unilateral Undertaking has not been received but it has been promised before the Sub-Committee meets. The draft Undertaking also includes:

(a) payment of £80,000 to the County Council as a contribution towards the cost of the County Council carrying out works of improvement to Stratton Audley Lane in the vicinity of its junction with the A412;

(b) carrying out restoration in accordance with the proposed working plan no. 1 and Landscape Concept Plan and the application details;

(c) to keep open the Country Park and available to the general public for its use and enjoyment free of charge for a minimum number of 300 days in each year and between the hours of sunrise and sunset each day;

(d) to carry out annual maintenance to the Country Park comprising:

(i) mowing low maintenance grassland once a year; (ii) mowing intensive public grass areas four times a year; (iii) replacing dead trees and shrubs; and (iv) maintaining fencing, paths, car park, picnic areas, hardstanding and signage.

14. It is proposed that the site be restored to an informal, low-key Country Park to comprise various walks around mounds and limestone heaths. A small shallow lake will be formed to the south of the main quarry. The restoration plan shows this lake as a boating lake. A small lake at the far southern end of the site will be partially infilled and restored, along with the surrounding area to a nature conservation use.

Page 53 15. An ecological survey was undertaken on the site in April 1997. The evaluation was that the present site has no particular nature conservation value. It is an artificial area of little use to wildlife. Only common species were found.

16. Following discussions with the Environment Agency a hydrogeological desk study report was produced for the applicant by WSP Environmental Ltd. The conclusion was that filling the quarry with inert, engineered fill will not have any long term adverse effects on localised groundwater. However, if the quarry was to be left open it would be an easy pathway for agricultural contaminants into the groundwater. The study concludes that the benefits of filling the quarry outweigh the disadvantages of minor disturbances to localised groundwater flow. Further investigation is recommended to substantiate the groundwater model used. This includes drilling two boreholes, carrying out pumping tests, undertaking a transient groundwater model and carrying out monthly monitoring of the boreholes during landfilling Ä all to be completed by the end of December 1997.

Consultations and Representations

17. The consultations replies are set out in Annex 1. There was one representation which is also set out in Annex 1.

Comments of the Director of Environmental Services

18. There are three main issues: highways, hydrogeology and securing County Park use. The first two issues were initially deemed sufficient to ask for an Environmental assessment, but following negotiations there is no need for an assessment.

19. Discussions have taken place with the applicant's traffic consultant which have resulted in the draft Unilateral Undertaking, the terms of which include payment (at an early date) of £80,000 as a contribution toward the costs of works needed to improve Stratton Audley Lane in the vicinity of the A412 junction. It is considered that the appropriate use of the contributions should include four to five passing bays on Stratton Audley Lane, anti-skid surfacing on the A412 adjacent to the junction with the Lane, warning signs and a contribution to Skimmingdish Lane improvement. As the latter matters are not included in the Unilateral Undertaking I have asked the applicant whether he would be prepared to amend his undertaking or otherwise enter a legal obligation to ensure that the money can be put to these uses.

20. The Highway Authority would be able to carry out the above works at an early date following the grant of permission.

21. The applicant has agreed to ensure lorries accessing/leaving the site do so in accordance with a routeing agreement to avoid, as much as possible, residential roads in Bicester. Negotiations on this matter are being finalised.

22. The immediate access point from the quarry on to Stratton Audley Lane also needs to be improved. This matter can be covered by a condition.

23. The Environment Agency are concerned about the effect tipping of inert waste will have on groundwater and have proposed a suitable condition to ensure that hydrogeological work is undertaken and the results acted upon. The applicant's hydrological consultants have proposed hydrogeological work and are currently undertaking it. The Environment Agency need to see the results of that work before deciding whether what has been done is sufficient to ensure that tipping can be carried out without affecting the groundwater, including the maintenance of water levels in local wells. In any event, the condition safeguards the Environment Agency's interests. If the current work is acceptable to the Environment Agency then working could start fairly soon. However, if further hydrological work is needed then a greater lapse of time will occur before tipping could take place.

24. The applicants have registered the site as exempt from licensing under the provision of the Environmental Protection Act 1990. The Environment Agency dispute that it is exempt and are currently considering taking enforcement action following their service of a Section 59 notice on the applicants in October requiring the waste to be removed from the site. It is possible that the

Page 54 applicants will be proved not to require a licence. Therefore, the Environment Agency have been asked whether there are any other conditions that they would like to see on the planning permission which otherwise would be on the licence.

25. The applicants have proposed a low-key Country Park after-use. The uses proposed are acceptable in principle. They have included in the Undertaking a requirement for them to carry out certain maintenance beyond the after-care period. They say that maintenance would not be expensive and that they may charge for certain activities eg car parking to cover the maintenance costs. My investigations on comparable country parks indicate that such costs can be substantial; in the region of £40,000 a year and I am not sure that charging for parking in a low-key country park would encourage its proper use.

26. MPG7 (The Reclamation of Mineral Workings) indicates that the Council should satisfy themselves that the applicant has demonstrated what the likely financial and material budgets are for the after-use. They should indicate how they propose to make provision for such work during the operational life of the site. The long term security of the project needs to be assessed at this stage (rather than be made the subject of a condition) because restoration to the use proposed would involve different restoration methods than say for restoration to agriculture or forestry. If the use proposed was not sustainable in the longer term, reversion to agriculture or forestry would not require planning permission, uses for which the land would not necessarily have been satisfactorily restored. Policy PE12 of the Minerals and Waste Local Plan requires that where public access is proposed then planning permission should not be given until long-term management has been secured. PE13 states that planning permission for landfill sites will not be granted unless satisfactory proposals for after-use and the means of securing them in the long term have been made. At this stage I do not have enough information or evidence to show that Stratton Audley Quarry Ltd are in a position to run a country park successfully. I have proposed that I enter negotiations with them over this matter and in the absence of any agreement I consider the application should be refused. I will report any further development at the meeting.

27. Cherwell District Council are concerned that the country park proposals are not specific enough. A condition can require the submission of details and agreement at a later date. The District Council have expressed interest in the acquisition of the site as a country park and this aspect can also be included in negotiations with the applicant.

28. The Council's policies encourage alternatives to landfilling (Structure Plan policy WD1) and this application is contrary to that policy and to SERPLAN's waste planning guidelines which puts landfill at the bottom of the priority list for dealing with waste. The Minerals and Waste Local Plan notes (para 3.24) that there is sufficient void space available during the Plan period to enable the Council to meet the aims of Local Plan policies W1 and W2. However, Stratton Audley Quarry has been the scene of a death from drowning. It is unsafe and infilling it would eliminate that danger. The Stratton Audley Parish Council welcome the draining of the quarry but that has been only to facilitate tipping. On balance, I think the need to make the quarry safe outweighs the lack of need for the facility.

29. The site is a geological SSSI. English nature have not objected to certain works being carried out to protect the SSSI status. The applicant has agreed to them and they can be secured by condition.

30. The ecological survey was criticised by English Nature and a more thorough survey and protection of important species can be required by condition. Provision of the reed bed proposed by English Nature can also be secured by condition. The southern fishing lake should be restored as a nature conservation feature to complement the surrounding ecologically valuable land.

31. Footpath No 7 crosses the site and appropriate conditions can ensure that proper warning signs are erected and maintained.

32. Stratton Audley Parish Council are keen that the after-use of the site should not be a country park as it would urbanise the area. Whilst the description of development states "country park" the proposals are such that it is, in reality, low-key public access area. The detail of provisions for the park is a matter for condition and any long term development of the park would require planning

Page 55 permission from Cherwell District Council.

33. The Parish Council are concerned about leaving dangerous water features. The proposals are for shallow lakes within the park, in common with most other country parks. These will be much less of a drowning hazard than the deep, jagged sided, flooded quarry.

34. The proposal includes the continuation of stone working until 1999. A quarrying facility has been set up this year and it is claimed that the two year period would enable an economic return on the investment. The main concern about continued working would be access but the local road improvements proposed would overcome that concern.

35. Other matters such as restoration, working plans, control of noise and dust, operational hours, phasing and landscaping can all be covered by condition.

36. The County Council owns the old landfill site within the application area. No proposals have been made for the land. The Operations Sub-Committee has resolved to sell the land subject to provisos. In the event that the sale is concluded then detailed proposals for deposit of waste and restoration can be agreed. Conditions can require these matters to be concluded.

Environmental Implications

37. The environmental implications are as set out in this report.

Financial and Staff Implications

38. If the application is refused the original, identical application will proceed to Inquiry and those costs will need to be borne. If the application is approved there will only be a hearing or Inquiry into conditions imposed on the mineral consent.

Implications for People Living in Poverty

39. There are none.

RECOMMENDATIONS

40. It is RECOMMENDED that:

(a) a decision on the application be delegated jointly to the Director of Environmental Services in consultation with the Assistant Chief Executive and Solicitor to the Council but that planning permission be refused unless:-

(i) negotiations to secure the long-term management and maintenance of the country park are successful;

(ii) a routeing agreement is entered into; and

(iii) a revised Unilateral Undertaking or a legal agreement is entered into to permit a contribution of £80,000 to be used for a range of highway related infrastructure in the vicinity including the improvement of Stratton Audley Lane.

(b) in the event that these points are successfully concluded then planning permission should be granted subject to conditions to be drawn up by the Director of Environmental Services but which should include any appropriate conditions proposed by the Environment Agency and the heads of conditions below:

(1) compliance; (2) start date 5 years; (3) end date for tipping of 31 December 2007;

Page 56 (4) detailed restoration and landscaping plan submission and compliance; (5) working and phasing plan compliance; (6) noise control; (7) dust control; (8) standard hours of operation; (9) improvement of access; (10) protection of SSSI; (11) submission of ecological survey and protection of important areas; (12) provision of wheel wash; (13) wheel cleaning; (14) aftercare; (15) submission and implementation of details of country park uses; (16) provision of a reed bed; (17) protection of footpath; (18) submission of details and working and restoration on the County Council land; (19) restoration complete by 31 December 2008; (20) display on site of permission; (21) protect vegetation at periphery of site; (22) limitation on skip storage; (23) submission and implementation of details of recycling activity.

DAVID YOUNG Director of Environmental Services

Background papers: File "Second Application, Infilling of Limestone Quarry at Elm Farm Quarry, Stratton Audley". Ref 8.1/6025/1.1 Parts 1-3.

Contact Officer: John Duncalfe, tel: Oxford 01865 815356

23 December 1997

Page 57 Environmental Committee PLANNING SUB-COMMITTEE - 5 JANUARY 1998 AGENDA ITEM PL6

COUNTY COUNCIL PLANNING APPLICATIONS Report by the Director of Environmental Services Application No. S.27/97 (detailed)

Application No. S.27/97 (detailed) Erection of two prefabricated double classroom buildings for a temporary period of 5 years, Didcot Girls School, Sherwood Road, Didcot Development and Site (see plan)

This application is for planning permission for two, linked, two classroom prefabricated buildings. Although not at the rear of the school, the buildings cannot readily be seen by the public and are partly camouflaged by a group of trees. The buildings are not being provided because of an increase in pupils but because the school is short of accommodation for the numbers already at the school. There are no planning policy implications.

Results of Consultations:

Didcot Town Council Ä no objection.

Environment Agency Ä no comment.

Mr Greenough, 20 Sherwood Road Ä objects Ä overlooking Ä lack of privacy Ä ample alternative locations Ä there are serious traffic problems due to the school entrance off Sherwood Road that will be exacerbated by this proposal.

Mr Baghurst, 9 Sherwood Road Ä concerned about availability of parking on school site as a result of the proposed classrooms and an increase in parking in Sherwood Road.

Mr G Adams, 7 Sherwood Road Ä if the proposed buildings result in an increase in numbers on roll, the effect on the traffic in the hazardous Sherwood Road needs taking into account.

A H Lishman, 12 Sherwood Road Ä concerned about the continuing and chronic traffic problems in Sherwood Road.

County Archaeologist Ä suggests archaeological informative.

Jeannette Hebbert, Headteacher Ä copied recent correspondence with Didcot Town Council about traffic problems in Sherwood Road. New arrangements should help the problem.

The consultation period has not yet expired and any further representations will be reported at the meeting.

Director's Comments:

These classrooms are required as a result of a shortage of space at the school, not because of an increase in numbers on roll. Consequently there will be no effect on the traffic situation in Sherwood Road.

The buildings will be sited 15 metres (50 feet) from the side of Mr Greenough's house in which there are bathroom and kitchen windows.

Mr Greenough's living and bedroom windows do not face the classrooms and his rear garden is protected from overlooking by a dense hedge.

The windows in the side of the building nearest to Mr Greenough are to be obscure glazed, and I am recommending a condition that the bottom half of the windows have fixed lights to avoid any possible overlooking.

Page 58 There are other possible locations for these buildings, but this one suits the school operationally, and I am happy that there are no environmental problems.

Staff Implications: none

RECOMMENDATION:

I RECOMMEND that, subject to the consideration of any objections received by the date of the meeting, the application be approved subject to the following conditions:

1. Detailed compliance. 2. Temporary permission Ä 5 years. 3. Landscaping scheme. 4. Colour of buildings to be approved. 5. Bottom half of obscure glazed windows to the south elevation to be fixed lights. 6. Base of buildings to be erected as near to the ground as possible.

Page 59 Environmental Committee PLANNING SUB-COMMITTEE - 5 JANUARY 1998 AGENDA ITEM PL6

COUNTY COUNCIL PLANNING APPLICATIONS Report by the Director of Environmental Services Application No. W.11/97 (detailed)

Application No. W.11/97 (detailed) Construction of footbridge across River Windrush, crossing of River Windrush 200 metres N.W. of Newbridge, Standlake Development and Site (see plan):

This application is for the construction of a steel footbridge across the River Windrush to enable a public footpath to be established between Standlake and Newbridge. Policy SH6 of the Oxfordshire Minerals and Waste Local Plan is relevant since it seeks the establishment of a footpath from Witney to Newbridge.

Results of Consultations:

West Oxfordshire District Council Ä recommends approval.

Standlake Parish Council Ä no objection.

Environment Agency Ä no objection.

Northmoor Parish Council Ä no objection.

Mrs P Johnson, Glebe Farm, Blackbourton Ä who fears that the path and bridge will result in an increase in trespass onto adjoining fields Ä will provide compensation for loss or damage? `If your Council is to introduce more public access to the fields I rent and then, if I suffer damage because of public misuse of the imposed access I shall have to fight my own corner against some person unknown; I consider this to be totally unreasonable and I shall take the matter up with my local councillor and MP if that attitude is persisted in.' Director's Comments:

Although this bridge is a key element in enabling the footpath route to be created, the footpath itself does not form part of the application. Nevertheless, Mrs Johnson's concerns about trespass and damage (although not a planning matter) should be borne in mind when considering the application. Discussions have been held with Mrs Johnson who holds the land as a tenant of Morland PLC, and signs will be provided to keep people to the path. If trespass problems do occur, Mrs Johnson should take up the matter with Morland PLC who agreed to the footpath over its land. The bridge has been designed with a steel structure and steel handrails. In this rural location it would be more appropriate for the handrails to be of timber to enable them to be environmentally more sympathetic. I am recommending a condition that the handrail should be changed to timber.

Staff Implications: none.

RECOMMENDATION:

I RECOMMEND that the application be approved subject to the following conditions:-

1. Detailed compliance. 2. Detailed duration Ä 5 years. 3. Handrail to be timber and materials and colour of bridge to be approved.

Page 60 Environmental Committee PLANNING SUB-COMMITTEE - 5 JANUARY 1998 AGENDA ITEM PL11

APPLICATION FOR INFILLING OF EXISTING QUARRY WITH NATURALLY OCCURING SUBSOILS AND OTHER INERT WASTES TO FORM A COUNTRY PARK. IMPORTATION OF WASTE AGGREGATES FOR RECYCLING AND RESALE, ELM FARM QUARRY, STRATTON AUDLEY NEAR BICESTER (APPLICATION REF: 97/01501/CM) Report by the Director of Environmental Services Division(s) affected: Ploughley ANNEX 1 CONSULTATIONS

Ministry of Defence, FRCA, DLA (Archaeology) No objection.

DLA (Rights of Way) It would help to show the public footpath on the plans, especially the working and Country Park Concept Plans.

English Nature Contests the view that the SSSI designation is questionable. A length of the quarry face (marked on a plan) should be maintained to a depth of at least the normal summer water levels. A 10m wide section of this face should be left to a depth of 2m below normal summer water levels to retain a small pool which can be pumped dry to allow examination of the face. 1 x 1 x 2m blocks of the strata to be buried should be placed in sequence around the edge of the area of the maintained quarry face. Infilling will allow creation of some reed bed habitat (reed beds are on the priority list of the Biodiversity Action Plan and this habitat should be increased to meet national and regional targets). Recommend at least 1 hectare of reed bed in shallow flooded area should be created. The ecological survey is very inadequate and does not do the site justice. The fishing pond has interesting areas surrounding it which contain a number of locally uncommon species.

Cherwell District Council (South Area Planning Sub-Committee) No objection to tipping and in principle would be interested in the establishment of a Country Park at Stratton Audley subject to:

Tipping (i) a routeing agreement and appropriate highway and/or junction improvements; (ii) a hydrogeological survey being carried out; (iii) suitable safeguards regarding hedgerows, wildlife, ecology and the SSSI; (iv) appropriate conditions re. Operational hours, phasing, restoration and landscaping; (v) the existing quarrying consents being revoked.

Country Park Further detailed plans of the finished public park being submitted to Cherwell District Council for approval including vehicular access, car parking, facilities, services, internal access routes, intended recreational activities, habitat areas, landscaping and a management plan for future maintenance.

No objection in principle to recycling and resale subject to: (i) Oxfordshire County Council seeking the views of Stratton Audley and Caversfield Parish Councils; (ii) a routeing agreement and appropriate highway and/or junction improvements. Concern expressed about safety of relatively large numbers of slow moving HGVs emerging onto A421. It is suggested that careful assessment of roundabout or ghosted right-turn junctions is undertaken and appropriate contributions sought; (iii) appropriate conditions regarding operational hours; (iv) permission limited to duration of tipping only or maximum of 10 years whichever is the shorter. The District Council nevertheless raise considerable concern about scale of operations in terms of traffic and machinery noise and possible landscape impact and recommend suitable conditions limiting scale of recycling and resale.

Stratton Audley Parish Council Welcome the draining of the Quarry. It removes the dangerous situation which lead to a death last year. No

Page 61 objection to resumption of work provided wheelwash facilities are used and no lorries come through Stratton Audley. Main concern is increase in heavy traffic on a narrow road off a dangerous junction on to the A421. The Parish Council has asked for years for a right-hand filter at this junction and any help towards this from Elm Farm Quarry could offset the inevitable increase in noise and traffic. The Quarry is a buffer zone between Bicester and the village. It would welcome the area returning to trees and grass, with public access, but not as a Country Park which indicates urbanisation. A water feature would be a potential hazard. Want to know the County Council's plans for its tip site and would hope it is included in the future re-shaping of the quarry site.

Environment Agency Recommend the following condition:

Prior to the further deposit of any materials or waste within the quarry, the applicant shall undertake a hydrogeological investigation of the site, and submit the results in writing to the Local Planning Authority. The method and extent of this investigation shall be agreed in writing by the Planning Authority, prior to the commencement of the work. A scheme for the mitigation of the predicted effects of the proposal on groundwater shall be submitted and approved in writing prior to any further deposit of waste and materials within the quarry, including any additional mitigation measures requested by the Local Planning Authority. The development shall then proceed in strict accordance with the scheme approved. Reason: To protect the water environment.

The hydrogeological investigation must address (a) assessment of current groundwater chemistry and groundwater flow regime against which any impact resulting from the proposed inert landfill can be measured, (b) assessment of impact on water quality and water levels should be undertaken in and around the quarry. Surface watercourses, ponds, borehole abstractions all need to be considered. Where deleterious impacts are predicted, mitigation measures shall be designed and implemented. Long term monitoring of groundwater level and chemistry would be the best way of defining baseline conditions. Alternative methods involved limited data collection and hydraulic testing of the dual aquifer system and modelling may be acceptable.

Representation

Mrs Dawe, Orchard House, Stratton Audley

I have experienced a sore throat because of the dusty, dirty environment as a result of the lorries using the site. Soil and waste has been blowing everywhere. One lorry nearly crashed into my car. A warning sign is needed at the entrance to Orchard House as lorries are not aware of the entrance. How many lorries? What hours will they operate? How will inert waste be monitored? I am concerned about effect on my well water. The roads are swept constantly but when it is wet the sweeper cannot get rid of all the mud. When will be Country Park/Nature Reserve come into being and who is going to look after it? Will the County Council look after it?

Page 62 Environmental Committee PLANNING SUB-COMMITTEE - 5 JANUARY 1998 AGENDA ITEM PL7

EXTRACTION OF FULLER'S EARTH AT MOOR MILL FARM, UFFINGTON (APPLICATION NO UFF/145H-CM) Report by the Director of Environmental Services Division(s) affected: Shrivenham ADDENDA Additional representations

Vale of White Horse District Council have raised objections to the development for the following reasons:

(1) Would have a harmful impact upon local roads. (2) There is insufficient treeplanting in view of its location in the Great Western Community Forest area.

If the Council are minded to grant permission: public access to the site should be secured.

The County Council should include policies in the County Plan and Agenda 21 which relates to Fuller's earth.

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