HERTFORDSHIRE COUNTY COUNCIL
DEVELOPMENT CONTROL COMMITTEE
Agenda No.
4
TUESDAY 22 MAY 2012 AT 10.00 AM
DISTRICT: NORTH HERTFORDSHIRE
APPLICATION FOR CHALK REMOVAL AND GROUND REINSTATEMENT
ON AGRICULTURAL LAND AT WILBURY HILL, LETCHWORTH GARDEN
CITY, HERTFORDSHIRE.
Report of the Director Environment and Commercial Services
Author: Iain Leech Tel: 01992 556225
Local Member: Councillor Ray Shakespeare-Smith
1
1.1
2
Purpose of Report
To consider planning application reference number 1/1052-12, CM0938.
Summary
2.1
This application seeks planning permission for the extraction of chalk (to
be used as an engineering material) and site restoration on agricultural
land at Wilbury Hill, Letchworth Garden City. The estimated amount of
chalk to be extracted would be in the region of 130,000m³.
2.2
This application proposes to use a 6ha area of agricultural land to the
west of Stotfold Road and to the north of the Icknield Way footpath to
remove chalk material which would provide engineering material to
construct a new railway embankment as part of a larger railway
construction project known as the Hitchin rail curve. The proposed land
area is currently in agricultural use and it is proposed that before
excavation of the land begins, the topsoils would be removed and stored
for future reinstatement. The chalk would then be excavated, following
which the land would reinstated to agricultural use.
2.3
The anticipated construction programme indicates that the operation
would start at the end of June 2012, with works to the embankment
finished in late September 2012 and the ground reinstatement
completed by early November 2012 with the land being restored to
agriculture.
2.4
It is anticipated that works at the site would be carried out 0700-1900
Monday to Friday and 0800-1300 on Saturdays. It is anticipated that by
sourcing the fill material locally, all vehicle movements required to
transport the material to the location of the new earth embankment
would be kept on site, thereby removing vehicles from the public
highway.
Planning Application 1/1052-12 Wilbury Hill
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Hitchin Rail Curve Project:
2.5
Network Rail have commissioned a project to improve the rail links in the
Hitchin area where the East Coast Main Line and the Cambridge Line
meet. The purpose of this scheme (called the Hitchin Rail Curve) is to
provide additional capacity on the local rail network by providing a new
line over the existing east coast mainline to prevent conflict between
those trains and local trains using the Hitchin to Cambridge line.
2.6
The scheme includes a new stretch of track which would run from the
Cambridge line into the adjacent agricultural land on a newly constructed
earth embankment, following on to a steel/concrete composite viaduct
over the industrial areas in Cadwell Lane, before joining in with the East
Coast Main Line. The new earth embankment would be formed using
suitable chalk as an engineering fill material as proposed above.
2.7
The Hitchin Rail Curve development was granted consent by the
Secretary of State in 2010.
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Conclusion
3.1
It is considered that the proposed development would not constitute
inappropriate development within the Green Belt. Neither would the
development cause any significant adverse impact upon heritage assets
or their settings due to the physical detachment and screening between
the application site and Wilbury Hill (a Scheduled Ancient Monument).
3.2
There would be a short adverse impact upon rights of way users in
terms of disruption to the route, noise, dust and the visual impact of on
site operations and HGV movements.
3.3
However, on balance, it is considered that the benefits of this proposal
with regards to reducing potential HGV movements through Letchworth
and the associated impacts upon highway safety, free traffic flow and
noise on residential properties would outweigh the temporary adverse
impact upon rights of way users subject to stringent measures to
safeguard users safety and the integrity of the historic right of way.
3.4
The report therefore concludes that the Director Environment and
Commercial Services should be authorised to grant planning permission
subject to no additional material matters being raised by the end of the
consultation date on 25 May 2012, that any outstanding archaeological
matters have been resolved and subject to the following conditions:
1. Final restored landform contours.
2. Location of soil storage bunds.
3. Rights of way management scheme.
4. Pollution control measures (including dust and noise to be
implemented.
5. Restoration and aftercare.
6. Hours of working.
Planning Application 1/1052-12 Wilbury Hill
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7. Archaeology.
8. Soil storage.
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Description of the site and proposed development
4.1
This application seeks planning permission for the extraction of chalk (to
be used as an engineering material) and site restoration on agricultural
land at Wilbury Hill, Letchworth Garden City. The estimated amount of
chalk to be extracted would be in the region of 130,000m³.
4.2
This application proposes to use a 6ha area of agricultural land to the
west of Stotfold Road and to the north of the Icknield Way footpath to
remove chalk material which would provide engineering material to
construct a new railway embankment as part of a larger railway
construction project known as the Hitchin rail curve. The proposed land
is currently in agricultural use and it is proposed that before excavation
of the land begins, the topsoil would be removed and stored for future
reinstatement. The chalk would be excavated and the land then
reinstated to agricultural use.
4.3
The anticipated construction programme indicates that the operation
would start at the end of June 2012, with works to the embankment
finished in late September 2012 and the ground reinstatement
completed by early November 2012.
4.4
It is anticipated that works at the site would be carried out 0700-1900
Monday to Friday and 0800-1300 on Saturdays. It is anticipated that by
sourcing the fill material locally, all vehicle movements required to
transport the material to the location of the new earth embankment
would be kept on site, thereby removing vehicles from the public
highway.
Hitchin Rail Curve Project:
4.5
Network Rail have commissioned a project to improve the rail links in the
Hitchin area where the East Coast Main Line and the Cambridge Line
meet. The purpose of this scheme (called the Hitchin Rail Curve) is to
provide additional capacity on the local rail network by providing a new
line over the existing east coast mainline to prevent conflict between
those trains and local trains using the Hitchin to Cambridge line.
4.6
The scheme includes a new stretch of track which would run from the
Cambridge line into the adjacent agricultural land on a newly constructed
earth embankment, following on to a steel/concrete composite viaduct
over the industrial areas in Cadwell Lane, before joining in with the East
Coast Main Line. The new earth embankment would be formed using
suitable chalk as an engineering fill material as proposed above.
4.7
The Hitchin Rail Curve development was granted consent by the
Planning Application 1/1052-12 Wilbury Hill
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Secretary of State in 2010.
4.8
This application seeks planning permission for the extraction of chalk (to
be used as an engineering material) and site restoration on agricultural
land at Wilbury Hill, Letchworth Garden City.
4.9
The application site comprises a 6 hectare area of agricultural land
within the green belt located to the south west of Letchworth Garden
City. It is located directly to the north of the Icknield Way and to the west
of the Stotfold Road. The nearest part of the application site is located
approximately 100m from the nearest residential properties at Hill Crest
Park to the north east.
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Consultations
5.1
North Hertfordshire District Council has not commented on the new
application as yet but did not raise any objections to the previous
proposal subject to robust conditions being imposed to control/minimise
any potential environmental impacts.
5.2
Ikleford Parish Council previously raised objections to the former
planning application. These were relating to the impact upon Wilbury Hill
Fort (A Scheduled Ancient Monument), impact upon the Icknield Way,
insufficient environmental assessments having been carried out and
irreversible harm to the landscape.
5.3
Hertfordshire County Council Rights of Way Unit has no objections
subject to a number of measures being put in place to protect rights of
ways and users.

Protection of the surface. Laying down a roadway over the route,
covered by material which would make it acceptable to walkers and
horse riders, e.g. crushed concrete, or type 1.

Warning signs of appropriate size, location, and wording for vehicles
approaching from both directions along the haul road and for all users
approaching along the byway noting the existence of crossing traffic,.
Advanced notices at each end of the byway might also be appropriate.

Network Rail have offered to use banksmen on the byway either side of
the crossing to avoid potential conflict. Given the number of
movements on both routes this is advisable.

Appropriate areas must be left unexcavated adjoining the bridleway
and byway to avoid the risk of slumping/subsidence during or after the
works, and appropriate measures should be taken to avoid dust or
larger materials falling or blowing onto or over these routes, e.g.
sheeting the lorries, damping down exposed chalk surfaces, and
possibly screens.

Security fences will be required during the works and possibly after if
Planning Application 1/1052-12 Wilbury Hill
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steep slopes remain near the public routes.
5.4
The Environment Agency has not commented as yet. They previously
recommended the imposition of a planning condition relating to flood
risk.
5.5
English Heritage has not commented formally as yet.
5.6
Hertfordshire County Council Historic Environment Unit advises that they
cannot formally comment until a report setting out the findings of the
archaeological site investigations has been submitted to and approved
by them and that a revised written scheme of investigation has been
submitted as appropriate.
5.7
A total of 2581 properties were consulted on the application and 3 letters
supporting the application and one letter objecting to the proposal have
been received. The reasons for objections were:
 Chalk removal would cause irrevocable harm to the drainage and
appearance of the natural escarpment. Ecology, land contours
and natural drainage would be harmed.
5.8
Publicity for the application also included a site notice and press notice
published in the Comet Series newspaper.
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Planning considerations
The relevant development plan policies are:
National Planning Policy Framework (NPPF)
Hertfordshire Mineral Local Plan Review 2002-2016
Minerals Policy 12- Landscape
Minerals Policy 16- Transport
Minerals Policy 17- Control of Mineral Development
Minerals Policy 18- Operational Criteria
North Herts District Local Plan No. 2 (saved policies 2007)
Policy 2 (Green Belt)
Policy 16 (Archaeology)
6.1
The principal issues to be taken into account in determining this
application are:
Green belt:
Need:
Impact of heritage assets:
Landscape:
Noise:
6.2
The application site is located within the green belt. The NPPF
(paragraph 90) states that certain types of development are not
considered inappropriate in the green belt provided they preserve
Planning Application 1/1052-12 Wilbury Hill
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openness of the green belt and do not conflict with the purposes of
including land within it. The types of developments cited in the
paragraph include mineral extraction, engineering operations and local
transport infrastructure.
6.3
North Herts Policy 2 states that the Council will aim to keep the uses of
land in the green belt open in character. It also states that only
appropriate development and development which would not result in any
significant visual impact would be permitted unless very special
circumstances exist.
6.4
The proposed development would in part relate to all three of the above
development types set out in the NPPF in paragraph 6.2. The removal of
chalk would be considered mineral extraction to allow the construction of
a railway embankement being engineering operations to provide
transport infrastructure improvements. The proposal would not impinge
on the overall openness of the green belt nor be considered to have a
significant visual impact. It is considered that the proposal would be in
accordance with both the NPPF and also North Herts Policy 2.
6.5
As such, as per advice in the NPPF the proposal may not be considered
inappropriate development. In any event, there would be clear benefits
associated with the development that would constitute very special
circumstances to justify the proposal and would outweigh any harm to
the green belt subject to consideration of other environmental impacts.
6.6
These benefits would be the securing of engineering material to
construct the new embankment for the new railway on nearby land thus
negating the need to import the material by road.
6.7
Consent for the construction of the rail curve was granted by the
Secretary of State in August 2010. The Order allowed for engineering
material to be imported by road (using a prescribed route through
Letchworth Garden City). According to the applicant, this would require
over 22,000 HGV movements using local roads.
6.8
The ability to secure this material from nearby land without the need to
make use of local roads would be a significant benefit with regards to the
impact on highway safety, congestion and noise upon residential
properties along the approved route if material was to be imported by
road.
Landscape/Visual Impact
6.9
The application site sits over the brow of Wilbury Hill and is a gently
sloping field. Due to existing vegetation and trees the site is screened
from any significant views from Letchworth Garden City. The site would
therefore be partialy screened from the south. More distant views of the
site would be possible from the north west of Hitchin. These would be
viewed in the context of the construction works for the rail curve
currently underway closer to Hitchin however.
Planning Application 1/1052-12 Wilbury Hill
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6.10 In addition, the proposed works would be temporary in nature, albeit for
a period of 6/7 months with restoration of the land following excavation
works.
6.11 On site operations would be visible from two pulbic rights of ways that
pass the application site to the north and the south (Ickleford Bridleway
022 and Ickleford BOAT 018). Site operations would be visually intrusive
to users of these rights of ways, particularly the southern route which
forms part of the Icknield Way. However, such views would be transitory
as users walk past the site and the impact would be temporary.
6.12 The remaining void from mineral extraction would be restored with
excavated material unsuitable for engineering purposes. It is not
proposed to import material to infill the void. As such, the restored
landform would be at a lower level than the existing field.
6.13 The restored landform would be a maximum of 3.2m lower than the
existing field levels and its lowest point with the slope blending into the
existing landform and the top and bottom of the slope. Photomontages
of the restored landform accompany the planning application. These
indicate that viewing it from the west along the Icknield Way, that the
lower landform whilst apparent, would appear natural and in keeping
with the surrounding landscape. The local landscape is characterised by
large, open fields in this area. The restored landform would not alter this
overall character.
6.14 Overall, it is not considered that there would not be any substantial harm
caused to the local landscape character as result of the proposed
mineral extraction and the development would be in accordance with
Minerals Local Plan 12.
Archaeology/Heritage Assets:
6.15 The application site is located approximately 120m west of Wilbury Hill
Fort (a Scheduled Ancient Monument) and is located directly north of the
Icknield Way, a historic route.
6.16 Due to this, archaeological investigations have taken place to establish
what impact the proposal could have on any features of archaeological
interest.
6.17 Trial trenching has been carried out over the application area. This has
not found anything of significant archaeological interest at this stage
although a full report has not been received as yet to confirm this.
Setting of a Scheduled Ancient Monument:
6.18 Due to it’s proximity to Wilbury Hill Fort, the proposed development
could have the potential to affect the setting of the Scheduled Ancient
Monument.
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6.19 However, in this instance, it is considered that the impact on the setting
would be minor. The application site is physically separated and
screened from the SAM by existing trees and the Stotfold Road.
6.20 In addition, the proposed operations would be temporary and the land
would be restored to an agricultural field. Althought, the land would be
restored to a lower level, when viewed against the wider landscape, it is
not considered that the localised change would have any significant
adverse impact and would be in accordance with North Herts Policy 16.
Rights of Ways:
6.21 The haul route for taking chalk from the extraction area to the railway
construction site would require crossing the Icknield Way (Ickleford
BOAT 018).
6.22 Comments from HCC Rights of Way Unit advise that adequate
measurers would be necessary to ensure the safety of rights of way
users during any crossings of HGVs.
6.23 It is considered appropriate to impose conditions requiring such
measures to be put in place by way of a rights of way management
scheme.
6.24 Whilst there would be an adverse impact upon rights of way users by
way of noise, visual impact and disruption to the use of the route, this
would be for a temporary period of about 6/7 months. On balance, it is
considered that the benefits in terms of winning the chalk from close to
the construction site would outweigh the temporary impacts to rights of
way users.
Noise/vibration/dust:
6.25 Operations on site would be subject to a pollution control plan that is in
place for railway construction operations. This sets out various
measures to control and minimise noise and dust as well as vibration
and pollution to groundwater and wheel washing of HGVS.
6.26 These measures include dampening of haul roads when dry to minimise
dust and dampening or seeding of soil stockpiles.
6.27 In addition, it is proposed to store topsoil in bunds towards to the north
east of the site to act as a noise barrier to further reduce any potential
noise impact upon the nearest residential properties.
6.28 Noise monitoring is also taking place on Wilbury Hill as part of the
railway construction. The chalk extraction would also be subject to this
monitoring. If there was to be an exceedence of noise limits then
measures would be taken to reduce noise.
6.29 It is considered that subject to these measures being secured by
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condition and being followed, that the proposal would not give rise to any
unacceptable noise, dust or vibration and be in accordance with
Minerals Local Plan 18.
Ecology:
6.30 The application site constitutes an arable field that is ploughed. No trees
or hedgerows would be affected by the development so no nesting birds
should be affected by the proposal. The field is currently sown with a
winter cereal crop. A desk based ecological study of the application site
was submitted with the application. This states that no protected species
would be affected by the proposal as the arable land would not be
suitable habitat.
6.31 It is not considered that the proposed development would be likely to
have any adverse impact upon ecology .
Flood risk/groundwater:
A flood risk assessment has been submitted with the planning
application. This advises that the slope of the restored land would be the
same as existing but at a lower level. As such, in principle the amount of
runoff should not increase as a result of the proposal and the risk of
flooding to groundwater or surface water flooding should not increase.
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Conclusions
7.1
It is considered that the proposed development would not constitute
inappropriate development within the Green Belt. Neither would the
development cause any significant adverse impact upon heritage assets
or their settings due to the physical detachment and screening between
the application site and Wilbury Hill (a Scheduled Ancient Monument).
7.2
There would be an adverse impact upon rights of way users in terms of
disruption to the route, noise, dust and the visual impact of on site
operations and HGV movements.
7.3
However, on balance, it is considered that the benefits of this proposal
with regards to reducing potential HGV movments through Letchworth
and the associated impacts upon highway safety, free traffic flow and
noise on residential properties would outweigh the temporary adverse
impact upon rights of way users subject to stringent measures to
safeguard users safety and the integrity of the historic right of way.
7.4
The report therefore concludes that the Director Environment and
Commercial Services should be authorised to grant planning permission
subject to no additional material matters being raised by the end of the
consultation date on 25 May 2012 and subject to the following
conditions:
1. Final restored landform contours.
Planning Application 1/1052-12 Wilbury Hill
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2. Location of soil storage bunds.
3. Rights of way management scheme.
4. Pollution control measures (including dust and noise to be
implemented.
5. Restoration and aftercare.
6. Hours of working.
7. Archaeology.
8. Soil storage.
Background information used by the author in compiling this report
Planning application reference 1/1052-12
Consultee responses
Relevant policy documents
Planning Application 1/1052-12 Wilbury Hill
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