Environment Act 1995 -
Application for the determination of conditions to re-activate a dormant sand
and gravel site under planning permission 2250 dated 10 December 1951 - field
no. 297, Cae Efa Lwyd, Penygroes.
LOCAL MEMBER: Councillor Judith
Humphreys
Link
to relevant background documents
Additional documents:
Minutes:
Environment
Act 1995. Application to determine conditions to re-commence the dormant sand
and gravel site under planning permission 2250 dated 10 December, 1951 - field
number 297, Cae Efa Lwyd, Penygroes
(a)
The Senior Planning Officer - Minerals and Waste
reminded members that this application had been deferred at the meeting of the
Committee on 27 November 2017 in order to hold discussions locally and receive
additional information from the applicant.
It
was noted that a public meeting had been held where the local member was
present but nobody from the local community had been present. He stated that it
had been explained at the meeting how officers had drawn up the conditions
recommended, emphasising that these conditions were more descriptive and
restrictive than those submitted by the applicant.
It
was reported that the applicant had submitted more information and a summary
had been included on the additional observations form. He drew attention to the
fact that the applicant stated that the Vibrock company were experienced and
that they provided specialist advice on noise and air quality in Britain and
abroad. The information received referred to open-cast coal works and the
'Newcastle' study. He noted that the Institute of Air Quality Management
acknowledged that the majority of mineral developments involved fewer
dust-producing activities than an open-cast coal works.
It
was emphasised that it was not possible for the Planning Committee to refuse
the application and that this was a matter of deciding on new conditions in
accordance with the Environment Act 1995 as the planning permission was valid until
2042. He noted that the work plan submitted either applied for a four-year
period by using a new access or an eight-year period should the existing access
be used. He explained that the plan favoured by the Council was the one with
the new access and also the provision of a continuous acoustic bund on the
eastern and southern side of the site. He elaborated on the Council's
conditions which included restricting the level of excavation, noise
monitoring, air quality and dust and restrict the hours of operation and other
technical matters.
It was explained that the conditions proposed by the Council had been
agreed between the Planning Authority and the Public Protection Unit. He added
that if the application was refused, then the applicant's conditions would
become operational.
(b) The local member (not a Member of this
Planning Committee), objected to the application, noting the following main
points:-
·
That there was fierce objection to the proposal of
re-opening the site;
·
The quarry would be frightfully close to
residential houses; that nearby houses were within 30 metres of the quarry. In
accordance with existing requirements, a quarry would not be approved without
being 100 metres away from houses;
·
That the applicant could make a further application
to extend the period;
·
That public health standards were different to
those that existed back in 1951;
·
That the conditions proposed did not sufficiently
mitigate the impact;
· That the assessments were historical and general; inconsistent ... view the full minutes text for item 5
Environment Act 1995 - Application for the determination of conditions to re-activate a dormant sand and gravel site under planning permission 2250 dated 10 December 1951 - field no. 297, Cae Efa Lwyd, Penygroes.
LOCAL MEMBER: Councillor Judith
Humphreys
Additional documents:
Minutes:
Environment Act 1995.
Application to determine conditions to re-commence the dormant sand and gravel
site under planning permission 2250 dated 10 December, 1951 - field number 297,
Cae Efa Lwyd, Penygroes
(a) The Senior Planning,
Minerals and Waste Officer stressed that this was an application to Review
Mineral Sites under the Environmental Planning Act 1995 to approve a work plan
and a list of conditions for a dormant mineral site. It was added
that it was not possible for the Planning Committee to refuse the application
and they were required to agree to new conditions. It was highlighted that full, modern
conditions needed to be applied and the quarry development should be subject
to. It was explained that dormant
consents could not legally recommence without making an application to the
Mineral Planning Authority (MPA) and full modern conditions had been approved.
A list of new planning conditions was proposed by the applicant together with a
revised list of conditions with amendments by the MPA. It was noted that the
MPA had challenged the applicant's conditions and had proposed reasonable
conditions that included control of dust, noise restrictions as well as
limiting working hours.
Members’ attention was drawn to the
need for them to also determine a relevant/separate planning application to
create a new access for vehicles to serve the sand and gravel pit under
reference C17/0455/22/LL. As well as
approving the work plan and the conditions, the Committee was also requested to
consider the work schedule with a choice of four years and excavating 100,000
tpa and creating a new access, or eight years and excavating 50,000 tpa using
the existing access.
It was highlighted that a number of
objections had been received as well as a petition objecting on the grounds of
the impact on the amenities of nearby residents.
(b)
Taking
advantage of the right to speak, an objector to the application noted the
following main points:-
·
NO
to re-opening the quarry. NO to the
Gravel Pit
·
Major
inconsistencies in the report and the assessments
·
Common
sense should prevail
·
It
was possible to excavate in another three adjacent fields - this raised the
suspicions of residents
·
That
nearby houses were within 30m to the quarry
·
It
was ridiculous to use words such as 'limited impact'
·
Accepted
that there were conditions to wash lorries, but what about clothes and the
world of nature
·
That
the safety of human health was a priority
(c)
Taking
advantage of the right to speak, the applicant noted the following main points:
·
That
the quarry contributed to the local economy
·
The
work would employ 15 full time posts
·
That
the gravel was of good quality and was processed locally
·
There
were benefits to the alternative application that would restrict excavation to
four years rather than eight
·
That
discussions had taken place with the MPA and there was an agreement on some of
these
·
That
it was possible to comply effectively
(ch) Taking advantage of the right to speak, the Local Member (not a member ... view the full minutes text for item 7