Decision details

(A) Full Application for Revision to Quarry Development Scheme Within Current Planning Consent Boundary and Provision of Enhanced Restoration Scheme, Ballidon Quarry (NP/DDD/0715/0619, M3893, 31/07/2015, 420192/354944, APB) and (B) Variation of Cond

Decision Maker: Planning Committee

Decision status: APPROVED (In accordance with officer recommendation)

Is Key decision?: No

Is subject to call in?: No

Decisions:

Members had visited the site on the previous day.

 

The officer explained that the two applications were separate but inter-related because of their similarities.  The extant planning consent allowed development up to the year 2040.  If the current proposals were refused, the existing permission would continue to apply, however the officer’s view was that the proposals embodied exceptional circumstances since they do not increase the level of reserves from the site, there is a reduced timeframe for the remaining development, from 2040 to 2035, and there are significant long term biodiversity benefits and landscape enhancements compared to the existing approved scheme.

 

One letter had been received since the report had been finalised, raising a number of issues including noise, dust levels, cleanliness and safety on the road.  The officer confirmed that there had been no complaints about this site and that conditions would continue to control these matters.

 

Members agreed this was a well run site and that the proposals for a new restoration scheme fit well with the landscape.  Some concerns were expressed regarding bat habitat and impact of number of lorries on local residents but a report from the Environmental Health Officer confirmed there were currently no problems.   The Director of Conservation and Planning confirmed that the report from the Authority’s Ecologist was sufficient.

 

The recommendations of approval for both applications were moved, seconded, voted upon and carried.

 

RESOLVED:

 

A:

 

That application NP/DDD/0715/0619, for revision to quarry development scheme within current planning consent boundary and provision of enhanced restoration scheme, is approved subject to:

 

(i)            The signing of a revised section 106 (covering both planning permissions) to include the following obligations:

 

a)    to not win and work minerals in accordance with previous consents;

b)    relinquishment of former consents through formal revocation orders;

c)    not to seek compensation in respect of any formal revocation orders made in respect of previous consents;

d)    annual total sales of limestone products shall be limited to 1.1 million tonnes;

e)    not to sell for Industrial use less than 40% of the total annual sales of limestone products;

f)     to enter into a “Footpath Agreement” for the maintenance of the previously constructed permissive footpath, plus fencing and gates, along the approach road leading to the quarry entrance to separate pedestrians and footpath users from road traffic.

 

 

 

(ii)          Conditions covering the following areas:

 

(a)  Duration – limit the duration of the consent to December 2035;

(b)  Access and surfacing arrangements – to remain as current;

(c)  Drainage – submission of scheme to confirm existing drainage arrangements as per condition existing condition 7 of NP/DDD/0214/0210;

(d)  Lorry sheeting and routeing – lorries leaving the site to be sheeted and turn right on exiting the site onto Roystone Lane;

(e)  Number of vehicles – limitations to remain the same, 800 maximum per day (400 In, 400  Out), with current additional  control on dry aggregate vehicle movements (240 per day) and night time powders movements (24);

(f)   Working scheme – as amended in line with the application Phases  1 – 6 inclusive and consistent with application NP/DDD/0715/0619, to allow the phasing programme and extraction boundary to be amended to accommodate mineral beneath Tip 3 (extraction in this pp limited to Tip 3 area only), and to undertake revised restoration as per proposal;

(g)  Surveys – requirement to submit annual topographical surveys;

(h)  Production -  levels  to remain as per current restriction at 1.1 million tonnes  per year, with requirement to maintain records and supply MPA with figures on monthly output and production for the previous year;

(i)    Depth of working – to remain as current, 160m AOD in Main Quarry (and 185m AOD in Woodbarn), to cover all operational phases 1 – 6;

(j)    Restriction of  permitted development rights, as current;

(k)  Processing – no importation of material into the site for processing  except for that for use in concrete and asphalt manufacture;

(l)    Hours of working – to remain as currently conditioned; maintain routine hours of 0600–2000 hours Mon–Fri and 0600–1800 hours Sat for operations other than processing, servicing, environmental monitoring, maintenance and testing of plant; no operations for formation and removal of material from any baffle mounds and soil/overburden storage areas formation and subsequent removal of material from any waste tips and waste storage areas to be carried above original ground level at the site except between the 0800-1800 hours Mon – Fri and 0800-1200 hours Sat; no operations for formation and removal of material from any baffle mounds and soil/overburden storage areas formation and subsequent removal of material from any waste tips and waste storage areas to be carried below original ground level at the site except between the 0600-2000 hours Mon – Sat and 0800-1200 hours and 0600-1200 hours  Sun; no movement of lorries carrying aggregate except between 0500-1900 Mon to Sat subject to restrictions specified in number of vehicles condition, and excluding powder tankers movements.

(m) Soil removal and storage - managed in accordance with good practice, as per current condition requirements;

(n)  Fencing – erection and maintenance of stockproof fencing around whole  site for duration of the development;

(o)  Safeguarding of Scheduled Monument SM29829 as per existing – no mineral extraction or associated activity, including vehicular movements, within 2m;

(p)  Dust control – update condition to require submission of the Dust Control Scheme which is in operation at present;

(q)  Noise – standard conditions concerning maintenance of plant in accordance with manufacturers advice to continue; update noise level limits with reference to the noise survey forming part of ES, with specific limits for named properties and an overarching 55dB LAeq(1hr) for any other noise sensitive property not listed; application of lower night time limit of 42dBLAeq (1hr); submission of noise attenuation scheme to include provision for routine monitoring;

(r)   Blasting – re-state  conditions to control blast limits, timing of blasting, need  for audible warnings prior to any blasting, regular monitoring and retention of records to be supplied to MPA on request, submission of blast monitoring scheme identifying measures in place to control the effects of blasting at the site, including air overpressure;

(s)  Water protection – continuation of controls  concerning storage of oils, fuels and chemicals, no discharge  of foul or contaminated water, use of oil  interceptor for any surface water drainage from parking areas, hard-standings, etc.;

(t)   Ecology – requirement to erect bat boxes and bird boxes prior to tree clearance works on southern tip (Tip 3); planting of hedgerow between Tip 3 and Tip 1; submission of schemes detailing bat and breeding bird mitigation measures to be employed for duration of the development; requirement to submit a Landscape and Ecological Management Plan (incorporating a Habitats Management Plan) to cover the duration of the development;

(u)  Restoration and aftercare – requirement for phased submissions of restoration and aftercare schemes ahead of completion of each phase of the development, in line with overall Restoration Masterplan submitted with the application; requirement for annual restoration and aftercare meetings;

(v)  Requirement for submission of a report detailing condition of any listed buildings utilised by operator and a statement/programme detailing how the applicant intends to ensure that they are left in an appropriate condition cognisant to their listed status for future re-use at the end of the development.

 

(iii)         To delegate authority to the Director of Conservation and Planning to agree detailed conditions and wording of the section 106 legal agreement following consultation with the Chair and Vice Chair of the Planning Committee.

 

The recommendation was moved, seconded, voted upon and carried.

 

B:

 

That application NP/DDD/0715/0618, which seeks to vary conditions 2, 11, 38 and 39 on the existing permission NP/DDD/0214/0210 to allow for a revised restoration scheme, is approved subject to:

 

(i)            The signing of a revised section 106 (covering both planning permissions) to include the following obligations:

 

a)    to not win and work minerals in accordance with previous consents;

b)    relinquishment of former consents through formal revocation order;

c)    not to seek compensation in respect of any formal revocation orders made in respect of previous consents;

d)    annual total sales of limestone products shall be limited to 1.1 million tonnes;

e)    not to sell for Industrial use less than 40% of the total annual sales of limestone products;

f)     to enter into a “Footpath Agreement” for the maintenance of the previously constructed permissive footpath, plus fencing and gates, along the approach road leading to the quarry entrance to separate pedestrians/footpath users from road traffic.

 

(ii)          Conditions covering the following areas (including re-stated    conditions on the existing permission where appropriate and necessary):

 

(a)  Duration – limit the duration of the consent to December 2035 (as  opposed to 2040 as current);

(b)  Access and surfacing arrangements – to remain as current;

(c)  Drainage – submission of scheme to confirm existing drainage arrangements as per condition existing condition 7;

(d)  Lorry sheeting and routeing – lorries leaving the site to be  sheeted and turn right on exiting the site onto Roystone Lane;

(e)  Number of vehicles – limitations to remain the same, 800 maximum per day (400 In, 400  Out), with current additional  control on dry aggregate vehicle movements (240 per day) and night time powders movements (24);

(f)   Working scheme – as amended in line with the application Phases  1 – 6 inclusive and consistent with application NP/DDD/0715/0619, to allow the phasing programme to be amended to encompass mineral beneath tip 3 (but extraction in this pp limited to within current extraction boundary), and to undertake revised restoration as per proposal;

(g)  Surveys – requirement to submit annual topographical surveys;

(h)  Production -  levels  to remain as per current restriction at 1.1 million tonnes  per year, with requirement to maintain records and supply MPA with figures on monthly output and production for the previous year;

(i)    Depth of working – to remain as current, 160m AOD in Main Quarry and 185m AOD in Woodbarn, to cover all operational phases 1 – 6;

(j)    Restriction of  permitted development rights, as current;

(k)  Processing – no importation of material into the site for processing  except for that for use in concrete and asphalt manufacture;

(l)    Hours of working – to remain as currently conditioned; maintain routine hours of 0600–2000 hours Mon–Fri and 0600–1800 hours Sat for operations other than processing, servicing, environmental monitoring, maintenance and testing of plant; no operations for formation and removal of material from any baffle mounds and soil/overburden storage areas formation and subsequent removal of material from any waste tips and waste storage areas to be carried above original ground level at the site except between the 0800-1800 hours Mon – Fri and 0800-1200 hours Sat; no operations for formation and removal of material from any baffle mounds and soil/overburden storage areas formation and subsequent removal of material from any waste tips and waste storage areas to be carried below original ground level at the site except between the 0600-2000 hours Mon – Sat and 0800-1200 hours and 0600-1200 hours  Sun; no movement of lorries carrying aggregate except between 0500-1900 Mon to Sat subject to restrictions specified in number of vehicles condition, and excluding powder tankers movements.

(m)Soil removal and storage - managed in accordance with good practice, as per current condition requirements;

(n)  Fencing – erection and maintenance of stockproof fencing around whole  site for duration of the development;

(o)  Safeguarding of Scheduled Monument SM29829 as per existing – no mineral extraction or associated activity, including vehicular movements, within 2m;

(p)  Dust control – update condition to require submission of the Dust Control Scheme which is in operation at present;

(q)  Noise – standard conditions concerning maintenance of plant in accordance with manufacturers advice to continue; update noise level limits with reference to the noise survey forming part of ES, with specific limits for named properties and an overarching 55dB LAeq(1hr) for any other noise sensitive property not listed; application of lower night time limit of 42dBLAeq (1hr); submission of noise attenuation scheme to include provision for routine monitoring;

(r)   Blasting – re-state  conditions to control blast limits, timing of blasting, need  for audible warnings prior to any blasting, regular monitoring and retention of records to be supplied to MPA on request, submission of blast monitoring scheme identifying measures in place to control the effects of blasting at the site, including air overpressure;

(s)  Water protection – continuation of controls  concerning storage of oils, fuels and chemicals, no discharge  of foul or contaminated water, use of oil  interceptor for any surface water drainage from parking areas, hard-standings, etc.;

(t)   Ecology – requirement to erect bat boxes and bird boxes prior to tree clearance works on southern tip (Tip 3); submission of schemes detailing bat and breeding bird mitigation measures to be employed for duration of the development; requirement to submit a Landscape and Ecological Management Plan (incorporating a Habitats Management Plan) to cover the duration of the development;

(u)  Restoration and aftercare – requirement for phased submissions of restoration and aftercare schemes ahead of completion of each phase of the development, in line with overall Restoration Masterplan submitted with the application; requirement for annual restoration and aftercare meetings;

(v)  Requirement for submission of a report detailing condition of any listed buildings utilised by operator and a statement/programme detailing how the applicant intends to ensure that they are left in an appropriate condition cognisant to their listed status for future re-use at the end of the development.

 

(iii)         To delegate authority to the Director of Conservation and Planning to agree detailed conditions  and wording of the section 106 legal agreement following consultation with the Chair and Vice Chair of the Planning Committee.

 

 

Publication date: 07/01/2016

Date of decision: 11/12/2015

Decided at meeting: 11/12/2015 - Planning Committee

Accompanying Documents: