TARMAC TRADING LIMITED BIRCHALL FARM, …...1.1 Tarmac Trading Limited (‘Tarmac’) intends to apply for planning permission on the site known as Birchall Farm, for the prior extraction

TARMAC TRADING LIMITED

BIRCHALL FARM, BIRCHALL LANE, HERTFORDSHIRE

PRIOR EXTRACTION OF SAND AND GRAVEL

REQUEST FOR EIA SCOPING OPINION

December 2015

EIA Regulations 2407 Prior Extraction of Sand and Gravel Request for Scoping Opinion Birchall Farm, Hertfordshire

December 2015 Page 1 of 27 David Jarvis Associates Limited

CONTENTS:

1. INTRODUCTION ...................................................................................................................................... 2

THE APPLICANT .............................................................................................................................................. 3

2. SITE DESCRIPTION AND PLANNING HISTORY ................................................................................ 4

SITE DESCRIPTION AND CONTEXT ................................................................................................................. 4 BASELINE SETTING ........................................................................................................................................ 4 PLANNING HISTORY ....................................................................................................................................... 7

3. PROPOSED DEVELOPMENT ................................................................................................................ 8

PROPOSED SCHEME OF WORKING ................................................................................................................ 8

4. PLANNING POLICY .............................................................................................................................. 12

NATIONAL PLANNING POLICY FRAMEWORK ................................................................................................ 12 HERTFORDSHIRE MINERALS LOCAL PLAN REVIEW 2002-2016 (ADOPTED 2007) .................................... 12 EAST HERTS LOCAL PLAN REVIEW 2007 .................................................................................................... 13 EAST HERTS DISTRICT COUNCIL DRAFT DISTRICT PLAN - PREFERRED OPTIONS 2014 .......................... 14

5. ALTERNATIVES .................................................................................................................................... 15

ALTERNATIVE LOCATION .............................................................................................................................. 15 ALTERNATIVE METHOD OF WORKING .......................................................................................................... 15 NO DEVELOPMENT, PARTIAL EXTRACTION OR FULL EXTRACTION OF RESOURCE .................................... 15 SHORTER DURATION .................................................................................................................................... 16 RESTORATION TO A ‘NON-DEVELOPMENT’ AFTERUSE ............................................................................... 16

6. PLANNING AND ENVIRONMENTAL CONSIDERATIONS .............................................................. 17

MATTERS TO BE CONSIDERED ..................................................................................................................... 17 SUBMISSION STRUCTURE ............................................................................................................................ 22

7. CONCLUSIONS ..................................................................................................................................... 24

FIGURES:

Title Reference Scale

Location Plan 2407/SC/1 1:25,000 Existing Conditions 2407/SC/2 1:2500 Preliminary Works 2407/SC/3 1:2500 Initial Mineral Extraction 2407/SC/4 1:2500 Phase 1 Mineral Extraction and Construction of the Plant Site 2407/SC/5 1:2500 Phase 1 Mineral Extraction Complete 2407/SC/6 1:2500 Phase 2 Mineral Extraction 2407/SC/7 1:2500 Phase 3 Mineral Extraction 2407/SC/8 1:2500 Phase 4 Mineral Extraction 2407/SC/9 1:2500 Phase 5 Mineral Extraction 2407/SC/10 1:2500 Final Regrade 2407/SC/11 1:2500 Proposed Landform Restoration 2407/SC/12 1:2500



1. INTRODUCTION 1.1 Tarmac Trading Limited (‘Tarmac’) intends to apply for planning permission on the site known

as Birchall Farm, for the prior extraction of sand and gravel. The proposed mineral site ("Site") is outlined red on Plan N°2407/SC/1.

1.2 The prior extraction of minerals at Birchall Farm is necessary to prevent sterilisation of mineral resource due to a proposed development scheme. This proposed application will seek planning permission for mineral extraction with progressive restoration to a platform for development.

1.3 The Site forms part of the proposed residential led scheme known as Birchall Garden Suburb ("BGS"). The BGS scheme proposes the construction of a new garden suburb as an appropriate way of extending Welwyn Garden City. The scheme consists of up to 2,500 homes in keeping with the design principles of the Garden City movement. The BGS scheme is being proposed through Welwyn Hatfield Borough Council's and East Hertfordshire District Council's emerging Local Plans. The Site forms part of the designated EWEL1 Broad Location for Development for 1700 homes, a primary school to serve the development; a secondary school to serve the development and the wider area; a small employment area; a neighbourhood centre that could include local retail, health services and community facilities; local green infrastructure including play areas; sustainable drainage and provision for flood mitigation; and treatment of the Cole Green Way.

1.4 The proposed BGS Scheme will be the subject of separate, matching and concurrent planning applications and Environmental Impact Assessments (EIA), being made to the relevant Local Planning Authorities (LPA’s). A separate request for an EIA Scoping Opinion is being submitted to the relevant LPA’s concurrently with this request being made to the Mineral Planning Authority (MPA).

1.5 The proposed development is considered to fall under Schedule 1 of the Town and Country

Planning (Environmental Impact Assessment) Regulations 2011 (‘the EIA Regulations’), for which an Environmental Impact Assessment is mandatory. This is owing to the nature of the development, mineral extraction operations, and size of the site, in excess of 25 hectares. As a result the proposal could give rise to potential significant environmental effects. Therefore the proposals are required to be subject to an Environmental Impact Assessment and an Environmental Statement (ES) produced to accompany the planning application.

1.6 The EIA process aims to ensure that whilst all relevant environmental issues are considered,

attention is focussed on those issues thought to be significant, and that reliable information is available to all of those involved in the planning process and final determination.

1.7 With a good understanding of the proposed operations and significant experience in

undertaking similar projects, most, if not all, typical potential environmental effects are readily anticipated by Tarmac and its advisors and capable of avoidance or mitigation. It is, however, considered to be best practice within EIA to commence and follow through the identification and consideration of potential environmental effects on a systematic basis. This will give robustness and confidence to the final Environmental Statement.

1.8 A formal Scoping Opinion, under Regulation 13(1) of the EIA Regulations, is therefore being

sought from Hertfordshire County Council as Mineral Planning Authority, as to the information



to be provided in the Environmental Statement. The information detailed in this submission is provided to assist the MPA in the formulation of its Opinion.

1.9 In accordance with the requirements of Regulation 13(2) of the EIA regulations, such a request

is to include:

• a plan sufficient to identify the land; • a brief description of the nature and purpose of the development and of its possible

effects on the environment; and • such other information or representations as the person making the request may wish

to provide or make. 1.10 This report provides:

• a description of the site and its planning history; • a description and plans giving details of the proposed development; • the planning policy context; • a consideration of alternatives to the development; • an analysis of the potential environmental effects of the development and

identification of those topics which are considered to require detailed assessment through the EIA process.

The Applicant

1.11 Tarmac Trading Limited is an evolution of two iconic British construction brands, Tarmac – the pioneers of the modern road – and Blue Circle - the market leaders in cement - which have come together under the ownership of CRH plc. The company includes amongst its assets, those of the former company Lafarge which itself embraced Redland Aggregates, a company with a very long and continuous association with the County of Hertfordshire.

1.12 With over 150 years’ experience, the newly combined business is now the market leader in aggregates; asphalt; contracting services; lime and powders; and, is a leading player nationwide in cement; concrete; and, other building products.

1.13 Employing almost 7,000 people across more than 330 sites, Tarmac is the UK's leading sustainable building materials and solutions Company. Its innovative services and solutions help to deliver the infrastructure needed to grow the economy today and create a more sustainable built environment to support future prosperity.

1.14 Tarmac has over 100,000 acres of land under its stewardship and therefore recognises its duty

to manage those assets responsibly and work to minimise the impacts of activities at their sites. Tarmac has a long standing commitment to delivering a net positive contribution to biodiversity and to carefully managing ecological and archaeological heritage.

1.15 Additional information in respect of the applicant can be found on the company website:

www.tarmac.com.

http://www.tarmac.com/



2. SITE DESCRIPTION AND PLANNING HISTORY

Site Description and Context 2.1 The Birchall Farm site is located on the south eastern edge of Welwyn Garden City, shown on

Plan N° 2407/SC/2. It is bounded by the B195 (Birchall Lane) to the south, the residential areas of Sylvandale and Dalewood to the west, Moneyhole Lane Park and the former Panshanger Aerodrome to the north and Panshanger Lane to the East.

2.2 The site covers an area of approximately 77 hectares and comprises agricultural land and

woodland. The proposed area of mineral extraction is set within part of the agricultural land. An area of ancient woodland, Birchall Wood and Henry Wood, is located within the northern part of the site. The southern boundary has seen extensive tree planting in recent years.

2.3 The site is generally flat with only a slight gradient change from 80m AOD at the southern end

to 75m AOD at the northernmost part of the site. 2.4 Birchall Farm House and its associated farm buildings is located to the south of the site and is

currently accessed off the B195. The buildings are included within the boundary of the site. 2.5 In addition to the residential areas of Sylvandale and Dalewood to the west of the site, and the

residential area north of Moneyhole Lane Park, other residential properties in proximity to the site include two semi-detached houses to the northeast of the site to the western side of Panshanger Lane, Panshanger House and Keeper’s Cottage to the east of Panshanger lane and a further two semi-detached properties to the south east of the site along Birchall Lane.

2.6 An inert waste recycling facility, currently operated by Eco Aggregates, is located to the south

of the B195 road on an area of land that comprises a former landfill. To the east of Panshanger Lane is Panshanger Park, a Grade 2* Listed historic park and garden. Quarrying of sand and gravel is currently undertaken within Panshanger Park by the applicant.

Baseline Setting

Hydrology

2.7 The site is entirely located within Flood Zone 1 as defined by the Environment Agency. The

area is essentially not at risk from flooding and the proposed use is defined by the Environment Agency as water compatible.

Hydrogeology

2.8 The site is located in a Groundwater Source Protection Zone (Zone 3) for public water supplies

located approximately 11 km to the southeast at Hoddesdon.

Landscape 2.9 The site is located in the ‘Welwyn Fringes’ landscape character area as defined in the East

Herts Landscape Character Assessment 2007 (LCA). The key characteristics of the area are described thus:

• ‘mainly gently undulating land on the northern valley slopes of the river Lea



• proximity of large settlements very obvious, via transport network and land uses • open, with large woodland blocks • disturbed or restored mineral extraction sites’

2.10 Distinctive features within this area identified in the LCA include the mainline railway, the

major road transport network, landfilling and pylons. Much of the historic alluvial floodplain and Holwell Park estate landscape pattern has been disturbed or lost to development during the 20th century. Change has been brought about in the main by the expansion of Welwyn Garden City, development of highway and power infrastructure, as well as a need for construction aggregates fuelling mineral extraction and the disposal of waste.

2.11 In addition to the above another notable development was the establishment of the former

De Havilland Holwell Hyde airfield/RAF Panshanger airfield (now Panshanger Aerodrome) and other military facilities leading up to and during World War II. The aerodrome adjoins the northern margins of the site at Henry Wood but the original airfield covered a much larger area (circa 100 ha), extending south to include land now forming part of the urban edge of Welwyn Garden City. To the east of Panshanger Lane is Panshanger Park, a Grade 2* Listed historic park and garden where sand and gravel extraction has taken place for a number of decades.

2.12 Land approximately 0.5km to the south of the proposed extraction site has been extensively

worked for mineral and subsequently restored by waste infilling. It now forms part of a raised plateau with a mix of pasture, arable and woodland cover. Apart from Welwyn Garden City there are no other settlements within this character area and few isolated dwellings and farm buildings. The remaining field pattern is large-scale and regular.

2.13 The published character assessment describes perceptions of the area as follows:

“rather bleak and seemingly forgotten, useful for hiding utilities necessary to the nearby urban centres and providing low-key recreation on former minerals sites.” Also the main visual impacts recorded are associated with “utilities and transport, with busy traffic on the A414 and pylons overhead.”

2.14 A number of public rights of way link Welwyn and Hertford. A circular route leads east from

within Welwyn and passes through the proposed extraction site. 2.15 The landscape is recorded as being in generally poor condition and as having a moderate

strength of landscape character. The following extracts from the assessment strategy and guidance notes apply:

“Where further mineral extraction is proposed, ensure that restoration proposals conform to existing landform and land use; if restoration to arable cultivation is proposed, especial care of topsoil will be essential.” “Encourage the reversal of habitat fragmentation and the creation and improvement of habitat links to create eco-corridors.” “Promote the expansion of woodland beyond ancient woodland boundaries, especially where this would help in creating habitat links and could assist in providing vertical elements to balance the large scale horizontal elements in the landscape area.”



“Promote the creation of buffer zones between intensive arable production and important semi-natural habitats”. Ecology and Arboriculture

2.16 The majority of the site is productive arable land of limited ecological value. 2.17 The site contains an area classified as Ancient Woodland, to the north, known as Birchall

Wood (replanted) and Henry Wood (ancient and semi-natural). An additional area of Ancient Woodland known as Rolls Wood (ancient and semi-natural) is located adjacent to the site’s western boundary.

2.18 The site contains no other ecological designations. 2.19 The southern boundary of the site has been planted with trees in recent years. A number of

other mature/semi-mature trees scatter the site along field boundaries. 2.20 Panshanger Park, to the east of the site, is categorised as a Woodpasture and Parkland BAP

Priority Habitat. Archaeology and Cultural Heritage

2.21 The site contains three grade II listed buildings, Birchall Farmhouse, barn and stables, all contained within a farmyard to the south.

2.22 A number of other grade II listed buildings are located at Cole Green to the southeast of the site. These include Panshanger South Lodge which lies within 0.5km of the site.

2.23 The grade II* listed Panshanger Park Historic Park and Garden is located to the east of the site. Within Panshanger Park are a number of other heritage designations including:

• Grade II Listed Panshanger House, Stables and Orangery; • Other smaller listed assets within and in proximity to the site; • Landscape Conservation Area at a local level; and • Localised archaeological designations related to the parkland setting.

2.24 There are no known Scheduled Monuments within the site. The closest Scheduled Monument

is a settlement site north east of Letty Green located approximately 1.1km to the south east of the site. Leisure and Tourism

2.25 A footpath (Hertingfordbury 023) traverses the site from the residential area of Sylvandale to the west, to Panshanger Lane to the east. This provides the main pedestrian link from Welwyn to open countryside to the east. A second footpath (Hertingfordbury 025) crosses the north-eastern corner of the site passing through Henry Wood. A bridleway (Welwyn Garden City 069) runs north to south along the site’s western boundary. Blackthorn Wood, in the south western corner of the site, has permissive public access across it.



2.26 The Cole Green Way, a popular walking and cycling route on the former railway line, including the former rail connection into the Cole Green sand quarry, runs across land to the south of the B195.

2.27 Moneyhole Lane Park to the north provides a good sized open space with playing fields, a play area, nature trail and general recreation. The park adjoins Moneyhole Lane allotments, the largest allotment site in Welwyn Garden City. Soils Resource and Agricultural Quality

2.28 A soil resource and agricultural land classification of the site has been carried out. The land contains a mixture of loamy soils over gravel or over clay, with some slowly permeable clay soils in the south west. Droughtiness is the principal limitation to agricultural land quality, however three quarters of the land is of ‘best and most versatile’ agricultural quality, mainly in sub-grade 3a but also Grade 2. Some stonier soils and some soils with slowly permeable clay subsoil give moderate quality sub-grade 3b land.

2.29 Two topsoil resources, one medium loam and one heavy loam, have been identified. Four subsoil resources have also been identified, ranging from medium loam to clay. Planning History

2.30 The site itself has no relevant planning history in terms of extant or historic planning permissions. The site has not been previously developed nor subject to mineral extraction operations. The site has formerly been promoted, as an omission site, for inclusion within the Hertfordshire Minerals Local Plan.

2.31 Contextually relevant recent mineral planning history is outlined below. 2.32 Sand and gravel extraction is currently undertaken by the applicant at Panshanger Park. The

first planning permission for extraction was granted in 1959. The major application covering the existing operations was granted in 1980. A review of that planning permission was undertaken in 1999 and a revised set of conditions was finally approved in 2003 alongside a revised scheme of restoration.

2.33 Eco-Aggregates operate an inert recycling and soil recovery facility to the south of the Birchall Farm. The operations were originally subject to a temporary planning permission granted in 2006 (ref: 3/1570-05) and extended to April 2016 (ref: 3/3/2261-12), however Hertfordshire County Council have recently resolved to grant planning permission (ref: 3/3/1124-15) to make the facility permanent with an increased capacity of up to 350,000 tonnes per annum.



3. PROPOSED DEVELOPMENT 3.1 Proposed development concerns the prior extraction of sand and gravel with progressive

restoration to provide a development platform. The latter forms part of a scheme for proposed housing and associated development known as Birchall Garden Suburb.

3.2 As such the prior extraction of minerals at Birchall Farm is intrinsically linked to the proposed Birchall Garden Suburb development, and will prevent the sterilisation of the mineral resource. Only upper sand and gravels would be extracted. It is not proposed to work the lower sand and gravel resource.

3.3 The key aspects of the proposed mineral-related development are outlined below:

• The extraction and processing of approximately 2.0 million tonnes of upper sand and gravel over a 4-5 year period;

• Installation of a temporary access, mineral processing plant, concrete batching plant, weighbridge, office, staff welfare facilities and a wheelwash;

• Installation of temporary grassed screen bunds during the works; • Phased scheme of progressive extraction and restoration; and • Temporary diversion of a public right of way.

3.4 Proposed development associated with the BGS scheme would occur during Phases 1-5 of the

mineral extraction works. Mineral derived from the site has the potential to supply the BGS construction project, principally in the form of concrete. It would continue to supply construction materials to the local market following closure of Panshanger quarry. The EIA will explore this opportunity and the impacts; however, at this early stage of the design process, an exact figure of how much could be utilised is not available. Should extracted minerals be used onsite and due to the scale of the BGS proposal, it is likely that an onsite concrete batching plant will be required for the duration of construction.

3.5 The key aspects of the BGS scheme relating to the period of mineral extraction are as follows:

• Commencement of construction of the BGS development platform at the earliest opportunity, during Phase 1 mineral extraction;

• Progressive restoration, using in-situ and stored soils and clays (known as overburden) and process silt, immediately following mineral extraction;

• Construction of a new permanent access and off-line road improvements to Birchall Lane;

• Installation of services and other development infrastructure; • Provision of advance planting and landscaping associated with proposed public open

space; and, • Construction of new housing and local facilities.

Proposed Scheme of Working

3.6 The proposed scheme of working is shown on Plan N°s 2407/SC/3-10 and described below. Preliminary Works (Plan N° 2407/SC/3)



3.7 The preliminary works comprise the temporary diversion of footpath reference Hertingfordbury 23, construction of an initial access to the site and the first stage of soil stripping and storage works.

3.8 The footpath would be diverted away from proposed operations around the northern boundary of the site. Two options for the diversion route are currently under consideration. The first takes the route alongside Birchall Wood; the second takes it through the wood along established routes. Both options would re-join the existing route immediately south of the wood.

3.9 An existing access off Birchall Lane would be used to transport earthmoving plant onto the site. The access would be extended sufficiently to provide a suitable road base for the equipment. Topsoils would be stripped from part of the Phase 1 extraction area and mineral stockpile locations. The soil would be stored in 3.0 metre high grassed bunds in accordance with the recommendations of a soil resource survey located at the margins of the proposed mineral extraction area coincident with noise and visual screening requirements. Initial Mineral Extraction (Plan N° 2407/SC/4)

3.10 Following topsoil stripping, subsoil and overburden would be excavated - to reveal the upper sand and gravels - and placed in 5.0m high stores. Mineral extraction would then commence within Phase 1 using a tracked excavator loading a dump truck. The as-raised sand and gravel would be stored in temporary 5.0m high stockpiles ready for processing once the processing plant has been installed. Any material that cannot be stockpiled on site will be exported for processing elsewhere (such as at Tarmac’s Tyttenhanger site) to supply the local market.

3.11 Phase 1 includes construction of the main site access and the development platform in the south-westernmost area of the site. This action will enable the first elements of the BGS development infrastructure, such as road improvements, service connections and advance landscaping to take place at an early stage.

3.12 Excavation of the remainder of the Phase 1 area would commence following soil stripping and

storage. Overburden would be extracted and placed directly in the Phase 1 restoration void near the access to achieve final platform levels. Phase 1 Mineral Extraction and Construction of the Plant Site (Plan N°s 2407/SC/5 and 6)

3.13 A temporary mineral access would be installed alongside the proposed BGS access location at the final platform. It would extend broadly north-east to reach the main Phase 1 site and include a weighbridge, office, a wheel wash, lorry sheeting area, staff welfare facilities and car park.

3.14 Following extraction and storage of the Phase 1 mineral the proposed lagoons would be constructed on the quarry floor using excavated clays. The lagoons comprise two silt lagoons and a clean water lagoon. The clean water lagoon supplies wash water to the processing plant and the silty water arising from the washing process is collected in the silt lagoons.

3.15 The processing plant would be installed on the quarry floor, approximately 5.0 metres below ground level, affording a high level of visual and acoustic screening assisted further by the screen bunds. A ramp would be constructed to a mineral feed hopper serving the processing plant. Stored sand and gravel would be transported to the feed hopper via dump truck.



3.16 Processed sand and gravel would be stored in small stockpiles within the plant site ready for

onward sale or use in the BGS development as required. Phase 2 Mineral Extraction (Plan N° 2407/SC/7)

3.17 Mineral extraction would progress northwards from the main access into Phase 2. Soils and overburden would be placed in perimeter stores and grassed screen bunds.

3.18 In-situ and stored overburden would be used to create the development platform in Phase 2, extending from the site access area. During these works the proposed BGS access and off-line road improvements will be constructed.

3.19 Stripped topsoils would be stored ready for use within the BGS development. There would be a net surplus of soil and it is proposed to export this to the proposed central open space area south of Birchall Lane where it would be spread over the existing soil cover. This area of land is former landfill and the additional topsoil would be used to improve areas that have not been adequately covered in the past. This measure is intended to preserve a significant proportion of the best agricultural soils and improve the poor quality pasture prevailing on the receptor site. Areas of the development platforms affected by BGS built development would not be topsoiled but would be cultivated and grass seeded at the earliest opportunity to provide an attractive context for development and reduce potential surface erosion caused by surface water run-off.

Phase 3 Mineral Extraction (Plan N° 2407/SC/8)

3.20 During Phase 3 mineral extraction the as-raised mineral stockpiles would have been removed

for processing and sale. Topsoil stripped from Phase 3 would, in part, be placed directly onto the development platform within Phase 2. This in preparation for planting, seeding and other works associated with the early establishment of landscaped public open space and surface water drainage infrastructure within the BGS development.

3.21 Stored and in-situ soils at the western margins would be used to complete the restoration

platform profiles within Phases 2 and 3. Overburden materials within Phase 3 would be placed directly into the restoration void.

3.22 During Phase 3 BGS related development would progress within the south western area of

Phase 2. This is likely to include the first stage of house building. Phase 4 Mineral Extraction (Plan N° 2407/SC/9)

3.23 Phase 4 represents the final stage of working within the western half of the site, retreating towards the plant site. Phase 3 would be restored during the working of Phase 4 using the remainder of stored overburden. In-situ overburden would be placed directly into the restoration void within Phase 4.

3.24 Stored topsoil at the margins of the site would be retained for use as required for the BGS development as it progresses within Phases 2-4. Towards completion of mineral extraction within Phase 4 topsoil would be stripped and stored within Phase 5 in readiness for mineral extraction.



Phase 5 Mineral Extraction (Plan N° 2407/SC/10)

3.25 Overburden excavated from the initial stage of Phase 5 would be stored in a temporary grassed mound located immediately west of the plant site. The mound will provide a screen to all remaining mineral extraction works in views from the BGS development.

3.26 The remainder of in-situ overburden would be progressively placed directly into the Phase 5 restoration void. Following completion of mineral extraction the plant site and associated temporary access roads, the weighbridge, wheelwash facilities and associated infrastructure will be dismantled and removed from the site. The silt and clean water lagoons would be emptied and capped with overburden derived from store. The remaining stored overburden will be used to complete the final development platforms. Proposed Final Regrade Operations and Landform Restoration (Plan N°s 2407/SC/11 and 12)

3.27 The final restoration landform has been designed to provide a distinctive and purpose built setting for the BGS development. The western half of the site incorporates a distinctive horseshoe-shaped mid-level terrace around the southern margins. Land falls from the terrace to a wide, shallow low lying area from which land slopes gently northwards.

3.28 The eastern half of the site contains a low lying parcel of land sloping gently and evenly towards the south with marked changes in level at the eastern and southern boundaries.



4. PLANNING POLICY 4.1 This section sets out national and local planning policy, specifically where this has a spatial

effect, and in particular relating to sterilisation of mineral resources, mineral development in the Green Belt and proposed location of future development. The Planning Statement which will accompany the Environmental Statement will address the relevant mineral policies and any other policies which may be relevant to the proposals.

National Planning Policy Framework

4.2 Para. 142 of the National Planning Policy Framework (NPPF) recognises the importance of

minerals and the importance of planning for their appropriate use:

Minerals are essential to support sustainable economic growth and our quality of life. It is therefore important that there is a sufficient supply of material to provide the infrastructure, buildings, energy and goods that the country needs. However, since minerals are a finite natural resource, and can only be worked where they are found, it is important to make best use of them to secure their long-term conservation.

4.3 Para. 143 encourages Local Authorities to:

……..define Minerals Safeguarding Areas and adopt appropriate policies in order that known locations of specific minerals resources of local and national importance are not needlessly sterilised by non-mineral development, whilst not creating a presumption that resources defined will be worked; and define Minerals Consultation Areas based on these Minerals Safeguarding Areas; [emphasis added]

4.4 Furthermore, Para. 143 requires Local Authorities to encourage prior extraction of minerals. It

states that Authorities should:

..….set out policies to encourage the prior extraction of minerals, where practicable and environmentally feasible, if it is necessary for non-mineral development to take place;

Hertfordshire Minerals Local Plan Review 2002-2016 (Adopted 2007)

4.5 Policy 1 of the Hertfordshire Minerals Local Plan Review 2002-2016 (MLP) states that:

Planning permission for the extraction of proven economic mineral reserves will only be granted where it is necessary to ensure that adequate supplies are available to meet the county’s agreed apportionment of regional supply.

The County Council will seek to maintain an appropriate landbank of sand and gravel reserves in accordance with government guidance, throughout the Plan period, consistent with the above apportionment, to enable an appropriate contribution to be made to meet the region’s varying needs.

4.6 Policy 2 relates to need for mineral extraction and sets out the factors which will be taken into

consideration when determining an application:

When determining planning applications for mineral extraction the County Council will take into account the following factors:



• the existing quantity of permitted reserves of the mineral; • the rate at which, and the proposed timescale over which it is expected that those

permitted reserves will be worked; • the proposed rate and timescale in the application for working the mineral deposit; • the existence of resources of the mineral which are identified as Preferred Areas within the

Plan and which are shown as being desirably worked at an early stage of the Plan period; and

• the particular nature and qualities of the mineral deposit concerned, such as the suitability for a particular end use not met by other available sources in the area or region.

4.7 The MLP intends for the county’s needs for land-won aggregate to be met from the preferred

areas identified in Policy 3 unless exceptional circumstances indicate otherwise. Birchall Farm falls outside the preferred area for mineral extraction as outlined in the MLP. Therefore policy 4 applies, which states:

Applications to develop land for aggregate extraction outside of the Preferred Areas will be refused planning permission unless:

• the landbank is below the required level and there is a need for the proposal to maintain

the County’s appropriate contribution to local, regional and national need that cannot be met from the identified areas; and

• it can be demonstrated that the proposals would not prejudice the timely working of Preferred areas; or

• the sterilisation of resources will otherwise occur. 4.8 Policy 5 of the MLP relates specifically to minerals sterilisation. Policy 5 seeks to ensure that

the appropriate weight is accorded to the prior extraction of minerals which would otherwise be sterilised:

Mineral extraction will be encouraged prior to other development taking place where any significant mineral resource would otherwise be sterilised, or where despoiled land would be improved following restoration.

The County Council will object to any development proposals within, or adjacent to areas of potential mineral resource, which would prevent, or prejudice potential future mineral extraction unless it is clearly demonstrated that:

i) the land affected does not contain potentially workable mineral deposits; and/or ii) there is an overriding need for the development; and iii) the mineral cannot practically be extracted in advance.

4.9 The accompanying text states that the policy also seeks to ensure that such areas are accorded

priority ahead of extraction outside the identified areas in the Plan to ensure timely working of the mineral in co-ordination with other development. East Herts Local Plan Review 2007

4.10 Policy GBC15 of the East Herts Local Plan Review 2007 relates specifically to mineral

development in the Green Belt. It states:



Development likely to sterilise or prejudice the extraction of known mineral supplies will not be permitted unless:

• It can be demonstrated that the development is essential, or • the mineral resource can be extracted prior to or in conjunction with implementation of the

development.

East Herts District Council Draft District Plan - Preferred Options 2014 4.11 The draft District Local Plan (preferred options) was published for consultation in February

2014. Draft Policy GBR1 relates to development in the Green Belt. Part iii (a) of the policy lists mineral extraction as a form of development not inappropriate for the Green Belt provided they preserve the openness of the Green Belt and do not conflict with the purposes of including land in the Green Belt.

4.12 Draft Policy EWEL1 relates specifically to the subject site and additional areas of land to the

south that will form the Birchall Garden Suburb site. The site is identified as a broad location for development.



5. ALTERNATIVES

5.1 EIA regulations require that the Environmental Statement outlines the alternatives that have been considered by the developer. Potential alternatives may arise as the proposal is refined. The text below outlines the alternatives to the proposed development considered to date that have been eliminated at this stage. Other alternatives may also arise in relation to later iterations of the proposal. Alternative Location

5.2 The prior extraction of minerals at Birchall Farm is intrinsically linked to the proposed Birchall

Garden Suburb development. The allocation of this development is currently progressing through the East Herts District Plan, which is currently timetabled for adoption in 2017. Mineral development can only take place where minerals naturally exist. Therefore an alternative location cannot be considered in order to avoid sterilisation of mineral resources.

Alternative Method of Working

5.3 The proposed method of working allows for the phased development of the site for the Birchall Garden Suburb scheme during and after mineral extraction. The sand and gravel will be used to maintain supply to the local market including the BGS development, with the inherent environmental benefits including a potential reduction in the number of off-site vehicle movements required. This approach will also ensure that disturbance is kept to a minimum and the development does not continue for a longer period than is necessary.

5.4 Alternative methods of working relate to the location of the mineral processing plant. Two alternative options have been considered- continued use of the existing processing plant at Panshanger Park, or the use of a new plant site located within the current Panshanger Park mineral extraction area, approximately 180m east of the site. As-raised mineral would be transported from the site via Birchall Lane, the A414 and Panshanger Lane to be processed.

5.5 Both of these alternatives would require a partial and temporary suspension of restoration operations within the Park and an extended period and extent of disturbance would occur compared to the proposed scheme. In addition the available area within the current extraction area to construct a new plant site is relatively constrained and is unlikely to function effectively. The highway infrastructure is also less well suited as it lacks a roundabout access onto the A414. For these reasons it is considered that the proposed plant site location represents the most suitable alternative. No Development, Partial Extraction or Full Extraction of Resource

5.6 As outlined above, mineral development can only take place where the mineral naturally exists. In addition, mineral extraction is recognised as providing essential social and economic benefits.

5.7 In a scenario where no mineral development takes place, a sizable mineral resource could be sterilised through the development of the site for the proposed Birchall Garden Suburb. Owing to the fact that the BGS development itself would require the benefit of associated construction materials, the knock on effect would be the need to source and import additional minerals to the site from elsewhere.



5.8 In a scenario where the full mineral resource is extracted, it is expected that the duration of the development would be extended considerably due to the likely mitigation measures required to protect the amenity of nearby dwellings such as hours of working. Working of the mineral below the water table maybe required to release the full resource. Full extraction would therefore result in a final landform that is unsuitable for residential development of a scale that represents optimal use of the land. Furthermore, it is likely that construction of the Birchall Garden Suburb would be unable to start until mineral extraction is completed in its entirety. Shorter Duration

5.9 As previously noted, the prior extraction of minerals from the site is intrinsically linked to the future development of the site for the proposed Birchall Garden Suburb. The phasing, site layout and method of working the mineral are being designed to complement the phased development of the site for the future afteruse in order to reduce potential conflicts and allow for the shortest duration of mineral extraction possible. In order to utilise as much of the onsite resource as possible, it may be necessary to increase or decrease extraction rates throughout the duration of the scheme to ensure appropriate and timely supply of materials to the Birchall Garden Suburb development. Restoration to a ‘Non-Development’ Afteruse

5.10 In considering the proposed restoration of the site, the potential to restore the site to an alternative afteruse (to that of the proposed BGS scheme) has been discounted at this juncture. This is owing to the fact that, without the proposed BGS development, the full mineral resource should be extracted, as detailed in the scenario above, with the resultant associated impacts.



6. PLANNING AND ENVIRONMENTAL CONSIDERATIONS Matters to be considered

6.1 Schedule 4 of the EIA regulations sets out the information that should be included in an Environmental Statement, including the aspects of the environment likely to be significantly affected by the development. These are: • population • fauna • flora • soil • water • air • climatic factors • material assets, including architectural and archaeological heritage • landscape

6.2 Part 1(4) of Schedule 4 states that the ES should describe the direct, indirect, secondary, cumulative, short term, medium term, long term, permanent, temporary, positive and negative effects of the development, resulting from: • the existence of the development; • the use of natural resources; • the emission of pollutants, the creation of nuisances and the elimination of waste.

6.3 Part 1 (5) of Schedule 4 requires an ES to provide a description of the measures envisaged to prevent, reduce and where possible offset any significant effects on the environment.

6.4 Whilst the EIA regulations require all of the above environmental considerations to be addressed, not all of these aspects require the same level of detail in their examination. This is owing to the fact different developments will result in different impacts.

6.5 It is important therefore to identify the main, or significant, environmental issues related to a proposed development in order that the focus of the EIA is on those aspects of the environment that require detailed examination. Consequently if the development would not have any significant impact on a particular issue, that issue can be ‘scoped out’ at this stage.

6.6 Table 1, below, provides a summary of the potential predicted environmental effects arising as a result of the proposed development, and identifies the proposed scope of works to be addressed through the EIA process.



Table 1: Potential Predicted Effects

Issue Aspect of development giving rise to potential impact

Potential Impact Comments/Proposed Scope of Works

Population n/a The proposed mineral development does not involve the loss of any residential land. The benefits of the overall BGS scheme in terms of population increase will be assessed in detail in the BGS EIA.

The proposed development is not expected to affect the size of the population and it is not considered necessary to address this issue in the Environmental Impact Assessment. Potential effects on residential amenity are covered through individual topic areas as described below.

Ecology • Site clearance works and soil stripping, mineral extraction operations and restoration;

• Dust and noise from mineral extraction and processing.

Potential for protected species or their habitats and features of natural importance to be affected.

Aside from the area of ancient woodland to the north, the site does not contain any designated sites. The site does however fall within a SSSI Impact Risk Zone. It is considered that the proposed development is unlikely to result in any significant effects on designated sites in the surrounding area. The site would be nonetheless the subject of an ecological impact assessment that will cross reference other studies (such as hydrology, noise and dust) and address any significant ecological effects arising as a result of the development.

Soils • Site clearance and preparation (construction of lagoons, and internal roads);

• Soil stripping; • Soil relocation; • Mineral extraction.

Loss of best and most versatile soil resource. Deterioration of quality of topsoil through handling and storage. Improvement of lands to the south of Birchall lane using surplus soils.

A report on soil resources/agricultural uses and quality of land has been carried out and will inform a soil handling and resource strategy for proposed development. Justification for the loss of ALC grade 2 and 3a will be provided in the ES, including potential for improvement of lands elsewhere using topsoil from Birchall Farm. Both the prior mineral extraction and BGS EIAs will address any topsoil relocation from the subject lands to the former landfill to the south of Birchall Lane.

Hydrology/ Hydrogeology

• Siting of fuel oils on site; • Potential pollution of surface

and ground water from site operations.

• Change to hydrological

Limited. No working of mineral below the water table is proposed. Potential risk to surface water by pollutants. The employment of industry standard measures will mitigate any such risks.

A hydrological/hydrogeological impact assessment would be undertaken comprising of the following: • Collation and analysis of all previous work undertaken to date

including borehole and trial pit results;





conditions affecting ecological features.

The site is located in Flood Zone 1 and the development is considered water compatible.

• Site visit to include water features survey; • Assessment of the site to include assessment of impact both

during and following mineral extraction operations; A formal Flood Risk Assessment would be prepared in accordance with the NPPF and NPPG owing to the fact the site exceeds 1 hectare. The following flood mechanisms will be considered: • Rainfall run-off generated within the site (peak flows and

timing); • Routing of externally generated rainfall run-off (diversion and

timing); • Fluvial flood risk to and from the site.

As it is not proposed to reroute any watercourses, a water framework assessment is not considered necessary.

Air Quality Potential dust impacts from mineral extraction, haulage, processing and transport.

Potential for disturbance/loss of amenity to neighbouring sensitive properties and receptors. It is considered possible to mitigate such risks through the use of standard industry measures and good site management.

The site would be subject to an air quality assessment including dispersion modelling. It is proposed to undertake the following activities for the assessment: • Site inspection and walkover of surrounding area; • Review of relevant documentation; • Review of baseline conditions; • Assessment – PM10; • Assessment – HGV emissions; • Assessment – dust; • Recommendations for mitigation; • Assessment of residual effects.

Cultural Heritage

• Site preparation; • Erection of new plant and

buildings within the site; • Soil stripping and extraction; • Movement of plant/machinery

Potential adverse effects on features of archaeological interest. While the site contains listed buildings, these are located on the periphery of the site and it is proposed to leave them

By way of mitigation, a non-intrusive archaeological evaluation, an archaeo- geophysical survey and an intrusive trial trench evaluation have all been undertaken at Birchall Farm in consultation with the Curatorial Authority. The results will be collated for inclusion in the ES. Potential effects on listed buildings and other local heritage assets will





and HGVs across the site. in-situ. Therefore the potential impact is likely to be limited to the setting of the listed buildings. Panshanger Park, and the various heritage assets within, is located to the east of the site. Areas of the Park have also been subject to mineral extraction operations.

be considered within a heritage assessment.

Landscape and Visual Impact

• Installation of proposed mineral processing plant, associated buildings and structures and vehicle movements;

• Diversion of a public right of way;

• Soil stripping and construction of topsoil/overburden stores and grassed screen bunds;

• As- raised mineral stockpiles; • New landform; • Construction related to the

proposed BGS development during the mineral extraction works.

Change in appearance and character of site.

Proposed mineral and BGS related development would be the subject of a full Landscape and Visual Impact Assessment in accordance with current guidance (GVLIA3).

Noise • Site preparation works (clearance, soil/overburden stripping);

• Mineral extraction and transportation;

• Processing; • Placement of overburden after

Potential for loss of amenity at/disturbance to noise sensitive receptors proximate to the site.

The site would be subject to a detailed noise assessment which would be undertaken in accordance with the National Planning Practice Guidance. This would include: • Undertaking plant sound level measurements at one of the

applicants’ other quarries from where it is being considered to relocate the plant to Birchall Farm;





extraction. • Baseline sound level monitoring at two locations: Dwelling at Sylvandale to the west Semi-detached dwelling on Birchall Lane;

• Class 1 specification measuring instrumentation would be employed (no overnight monitoring is proposed);

• Analysis of all survey data; • Evaluation of mitigation options (noise baffle mounds) in relation

to dwellings to the west and to the Birchall Lane semi-detached property.

Vibration • Movement of heavy machinery

and HGVs; • Processing.

Limited. The method of working is very unlikely to give rise to any significant issues relating to vibration.

It is not considered necessary to address this issue in the Environmental Impact Assessment.

Transport • Export of processed aggregates and overburden that cannot be utilised on site.

Potential for effects on local highway network in terms of capacity and safety. Potential for loss of amenity due to site related traffic movements.

A Transport Assessment (TA) was prepared for the site in 2012. It is proposed to update this TA, taking into account new developments in the vicinity. The TA will include an assessment of the following: • The adjacent highway network; • Existing traffic flows; • Highway Safety; • Traffic generation of proposed development; and • Traffic impact of the proposed development.

Recreational uses

• Relocation of footpath; • Impact on amenity of Public

Rights of Way users from noise, dust and visual/landscape amenity.

Potential for effects on users of Public Rights of Way.

Footpath 023 will need to be rerouted to the north of the site. Potential exists for the diversion of the footpath through woodland.

Socio-Economic Impacts

While it is considered that there is limited scope for impacts on the demographics of the area arising from the prior extraction of minerals, there is

A detailed assessment of the socio-economic impacts will be included in the ES. While the main focus of the assessment is likely to be on economic benefits and employment, it will not be limited to those impacts.





potential for economic, social and community impacts – both positive and negative.

Utilities

• Site preparation works (clearance, soil/overburden stripping);

• Mineral extraction.

Potential relocation of service utilities such as gas, electricity, water or telecommunications lines.

A full utilities search will be undertaken as part of the EIA. The project team will work with utilities providers to identify any major planned works which could require consideration.



6.7 Having regard to Table 1, it is proposed to cover the following topics in the EIA:

• Hydrology/Hydrogeology • Ecology • Air Quality • Noise • Landscape and Visual Impact • Soils • Cultural Heritage • Transport • Socio-Economic • Utilities

Submission Structure

6.8 It is proposed to submit a two volume Environmental Statement (ES) and an accompanying Non-Technical Summary (NTS). A separate Planning Statement would accompany the application. Volume 1: Environmental Statement (‘ES’)

6.9 The ES would provide an objective account of the likely significant environmental effects of the proposed development by setting out the results of the Environmental Impact Assessment under the relevant headings. These will include:

• Assessment Methodology • Relevant Policy • Baseline conditions • Potential effects • Mitigation measures • Residual effects • Cumulative effects (specifically in relation to the BGS development and the Eco-

Aggregates site) Volume 2: Environmental Statement - Technical Appendices

6.10 Volume 2 would contain any detailed technical reports of the individual specialists commissioned to undertake the relevant assessments for individual topic areas.

6.11 The purpose of The Environmental Statement and its accompanying technical appendices is to provide the Mineral Planning Authority with sufficient environmental information to determine the application. Non-Technical Summary (NTS)

6.12 The NTS will be provided as a standalone document and will provide a summary of the ES, in an accessible format using non-technical language.



Planning Statement

6.13 A planning statement would be prepared which would contain information in support of the application including a detailed description of the site and its surroundings, a description of each phase of the proposed development, identification of relevant national and local planning policy and an assessment of the proposals accordance with such, consideration of the need for the development, any socio-economic aspects of the development, and any other material considerations.



7. CONCLUSIONS 7.1 Tarmac Trading Limited intend to apply for planning permission for the extraction of sand and

gravel with progressive restoration at Birchall Farm. The restoration will provide a platform for the proposed development of Birchall Garden Suburb.

7.2 From desk based studies and work already undertaken, this Scoping Report has established the environmental subjects expected to require further assessment to ascertain the potential for significant effects arising as a result of the proposals on the environment.

7.3 An initial baseline has been established which will be expanded, as appropriate, and proposed

methodologies for each of the specialist assessments have been provided where available. Methodologies will be further developed in discussion with the Council and other relevant consultees.

7.4 Hertfordshire County Council, as Mineral Planning Authority, is therefore requested to provide its formal Scoping Opinion to confirm the topic areas to be addressed in detail through the EIA process and the information to be provided in the Environmental Statement is as set out in this Scoping Request.

FIGURES

Documents

TARMAC TRADING LIMITED BIRCHALL FARM, …...1.1 Tarmac Trading Limited (‘Tarmac’) intends to apply for planning permission on the site known as Birchall Farm, for the prior extraction