Application for works associated with the
construction of the proposed A487 Caernarfon to Bontnewydd bypass including;
·
Use of land as an extension to the existing site
compound area and provision of a maintenance shed, office accommodation,
welfare and car parking facilities, fuel store, sewage storage tank,
mobile concrete batching plant, mobile asphalt batching plant and construction
of a haul route (temporary use),
·
Construction of a new haul road on the northern
boundary of the existing quarry with temporary connection to the proposed A487
Caernarfon to Bontnewydd bypass route during the construction period,
·
Continued extraction of minerals, removal of material
from a mineral working deposit and existing stockpile of materials,
·
Construction of a hardstanding and siting of plant
machinery for the processing and screening of materials,
·
Disposal of inert waste materials for long-term quarry
engineering/ restoration works.
(Application under Section 73 to vary Condition 3 on planning permission
C17/0011/19/MW to reach the ground levels agreed in restoration plan no.
3030/16, excavation materials that are surplus to the requirements of the
Caernarfon to Bontnewydd bypass project in addition to excavated materials
from other sources, shall be deposited at the site in accordance with the NRW
permit)
LOCAL MEMBER: Councillor Peter Garlick
Additional documents:
Decision:
DECISION – To refuse the
application
The proposal changes the scale or nature of
the previously approved development for "works associated with the construction of the proposed A487 Caernarfon
to Bontnewydd bypass ..." and, therefore, the Authority considers that
condition 3 should not be changed in accordance with s.73(2) (b) of the Town
and Country Planning Act.
Minutes:
Attention was drawn
to the late observations form
a) The
Planning Manager highlighted that application C17/0011/19/MW (approved in June
2017) was subject to conditions for development proposals associated with the construction
of the Caernarfon to Bontnewydd bypass. It was highlighted that the application sought, under Section
73 of the Town and Country Planning Act 1990, to vary one of those conditions.
It was explained that Condition 3 restricted the
import of surplus materials from other areas to what was generated by the
bypass construction project.
It
was explained that Section 73 enabled the applicant to
submit an application to develop land without complying with conditions
attached to an extant planning permission.
Under this section the Local Planning Authority
may amend or remove conditions, but may not amend any other part of the
permission. A successful s.73
application results in the grant of a new planning permission and therefore the
original permission remained intact.
When determining a s.73 application, the LPA
may impose conditions beyond those proposed in the application. However, the conditions imposed should only
be ones that could have been imposed on the original
permission. Previously, it was held that the amendments permitted should not amount to
a “fundamental alteration” of the proposal put forward in the original
application. The reasons why the
officers considered that undertaking such a change would not be appropriate via
a Section 73 application, were elaborated upon.
The
Solicitor highlighted that the applicant had shared information / additional
opinion with the Members and the response of Council officers to this opinion had been shared with the applicant in April 2020.
b) It
was proposed and seconded to refuse the application
c) During
the ensuing discussion, the following observation by a member was noted:
·
Why had a new application not been
submitted?
·
Concern that it would have an impact on the timetable
to complete the bypass
·
That a new application should be submitted as a means
of controlling what was placed in the quarry pit
ch) In response to an observation regarding
the submission of a new application, it was noted that extensive discussions
had taken place over the last few months and there were differing opinions
regarding the right way forward.
d) In
response to the observation regarding the application possibly preventing the
completion of the bypass work, it was noted that the application related to filling
a quarry pit with materials and it should not impair the bypass timetable.
RESOLVED to refuse the application due
to the reason that the proposal changes the scale or nature of the previously
approved development for "works
associated with the construction of the proposed A487 Caernarfon to Bontnewydd bypass ..." and, therefore, the
Authority considers that condition 3 should not be varied in accordance with
s.73(2) (b) of the Town and Country Planning Act.