Agenda item

Some Members had visited the site the previous day.

The Planning Officer presented the report and outlined the reasons for approval as set out in the report.

Members noted that this application was submitted prior to the BNG mandatory requirement and therefore the 30 year statutory requirement rule cannot be applied.  It will take some time to progressively restore the site, and therefore it was felt there would be greater biodiversity gain achieved beyond the statutory 5 year aftercare period and the proposal would ensure a greater enhancement to the site than if it was restored in accordance with existing requirements.  Condition 13 imposes a Restoration Masterplan.

There was a question regarding the depth of the man-made lagoon and if life-preservers could be put in place around the lagoon.  It was agreed a condition would be appended to any approval in order to accommodate this.

The motion to approve the application with an additional condition regarding life-preservers, was proposed, seconded, put to the vote and carried.

RESOLVED:

That the application be APPROVED  subject to conditions covering the following matters and the additional condition to be included by the Planning Officer:

1.      Duration of the use of the land for the deposit of waste arising from the nearby refractory works to cease on or before 31 December 2033.

2.      Scope of the permission listing the approved plans and documents for the avoidance of doubt.

3.      No waste other than inert waste arising from the nearby refractory works shall be imported to and deposited at the site.

4.      No heavy goods vehicles (HGVs) shall travel to or from the site other than via the existing gated site entrance off the A5012 as shown on the Location Plan Drawing No. ECL.8765.D01.007 Rev A.

5.      Appropriate vehicle sheeting to prevent material spillage, wind blow and dust nuisance.

6.      No operational vehicles shall enter the public highway unless their wheels and chassis have been cleaned to prevent material being deposited on the public highway.

7.      The working, restoration and aftercare of the site shall be carried out only in accordance with the approved plans.

8.      Hours of working restricted to between 07:30 and 17:00 Mondays to Fridays.

9.      Measures shall be taken to minimise dust arising from the handling of inert waste in accordance with the Nuisance Health Risk Assessment dated May 2023.

10.   All vehicles, plant and machinery operated within the site shall be maintained in accordance with the manufacturer’s specification at all times, and shall be fitted with and use effective silencers.

11.   The existing trees within the site/identified on the Proposed Restoration Masterplan Drawing No. ECL.8765.D01.002 Rev D shall be retained.

12.   Annual survey as described in paragraph 6.5.2 of the Closure and Aftercare Management Plan Rev B dated November 2023 shall be submitted for approval to the WPA. Annual survey information shall include details of how Biodiversity Net Gain is being met.

13.   The Proposed Restoration Masterplan Drawing No. ECL.8765.D01.002 Rev D and Closure and Aftercare Management Plan Rev B dated November 2023 shall be implemented in full accordance with the approved details. Restoration of the whole site shall be completed by 31 December 2034.

14.   Upon satisfactory completion of the restoration scheme, to be confirmed in writing by the WPA, the site shall thereafter be subject to a 5 year programme of aftercare requirements as detailed in the Closure and Aftercare Management Plan Rev B.

15.   Condition to ensure the provision of buoyancy aids on site prior to the on-site surface water attenuation features holding water.