Agenda item

Application under Section 73 of the Town and Country Planning Act 1990 to vary condition 1 on planning permission C01M/0014/03/MW to allow the continued operation of an established business for a further 20 years until 31 January 2040

LOCAL MEMBER: Councillor Annwen Daniels

Link to relevant background papers

To delegate powers to the Assistant Head of Department to approve the application, subject to the following amendment to Condition 1 of planning permission C01M/0014/03/MW to allow the continued use of ancillary land for the storage of raw materials and feedstock: 

•           Permission is hereby granted for a limited period up to 31 January 2040, by the expiry of which period all buildings, plant, machinery and equipment shall have been removed and the site thereafter restored in accordance with the scheme of restoration received on the – 14 April 2020.

•           In addition to the variation to Condition 1 of the permission, the plant feedstock storage area, hardstanding and storage shed should be conditioned as ancillary to the principal use of the site as a minerals plant that processes slate waste to produce granulated slate products and powders. This would secure that the site could continue to operate in accordance with the revised output of no more than 9 loads dispatched during any working day (Monday to Friday) and no more than 2 loads on any Saturday, Sunday, Bank or Public Holidays.

•           In the interests of consistency and enforceability, the following suite of regulatory controls imposed on the sister permission (C03M/0010/03/MW), relating to noise and air quality should also be duplicated;

•           Annual noise monitoring (unless otherwise agreed in writing)

•           Limiting daytime noise level to 50db

•           Limiting night-time noise level to 40db

•           No lorries shall be dispatched from the site and no raw materials shall be brought onto the site outside 07.00 hours & 22.00 hours.

•           Note to applicant with the statutory advice of Network Rail and Natural Resources Wales appended to the decision notice.

•           Note to applicant to encourage the site operator to provide bilingual signage where possible in order to improve the bilingual image of the company.

Application under Section 73 of the Town and Country Planning Act 1990 to vary condition 1 on planning permission C01M/0014/03/MW to allow the continued operation of an established business for a further 20 years until 31 January 2040.

Attention was drawn to the late observations form that had been received

a)    The Senior Planning Manager – Minerals and Waste expanded on the background of the application, noting that this was one of three planning applications to amend conditions on an existing planning permission and operation at the Oakeley Quarry site in order to extend the duration of the minerals operation and secure the operation of the minerals plant.  It was noted that it was an application to vary condition 1 on a planning permission granted in 2001, to allow the continued use of an ancillary storage area, shed and hardstanding for an additional 20 years.

It was highlighted that all the relevant policies had been considered and no objections had been received. It was noted that the plant had operated without undue nuisance under the terms of the existing conditions for many years and issues relating to noise and dust were well established.  However, it was noted that the Public Protection Unit had stated the need to update the noise and dust conditions on the site.  It was reported that a Scheme of Restoration had been included with the application and complied with Policy MWYN 3 of the Anglesey and Gwynedd Joint Local Development Plan and Policy MWYN 9.  The scheme of restoration included the creation of a landform that would recreate and replicate natural ground characteristics and drainage features.

b)    Taking advantage of the right to speak, the Local Member made the following points:-

• She was supportive of the plan

• There was a need to protect Afon Bowydd from pollution

c)    It was proposed and seconded to approve the application.

ch) During the ensuing discussion members made the following main observations:

     • To approve the application that would be a boost for the local economy

     • Welcomed that the proposal would secure work for a further 20 years

     • Suggestion to include a condition to protect afon Bowydd from pollution

d)    In response to the suggestion to include a condition to protect afon Bowydd from pollution / foul water the Senior Officer - Minerals and Waste stated that it was Natural Resources Wales who were responsible for permits for this work, and it was possible to review /update conditions of procedures on how to deal with sediment. 

RESOLVED: To delegate powers to the Assistant Head of Department to approve the application, subject to the following amendment to Condition 1 of planning permission C01M/0014/03/MW, to allow the continued use of ancillary land for the storage of raw materials and feedstock: 

·         Permission is hereby granted for a limited period up to 31st January 2040, by the expiry of which period all buildings, plant, machinery and equipment shall have been removed and the site thereafter restored in accordance with the scheme of restoration received on the – 14 April 2020.

·         In addition to the variation to Condition 1 of the permission, the plant feedstock storage area, hardstanding and storage shed should be conditioned as ancillary to the principal use of the site as a minerals plant that processes slate waste to produce granulated slate products and powders.  This would secure that the site could continue to operate in accordance with the revised output of no more than 9 loads dispatched during any working day (Monday to Friday) and no more than 2 loads on any Saturday, Sunday, Bank or Public Holidays.

·         In the interests of consistency and enforceability, the following suite of regulatory controls imposed on the sister permission (C03M/0010/03/MW), relating to noise and air quality should also be duplicated;

• Annual noise monitoring (unless otherwise agreed in writing)

• Limiting daytime noise level to 50db

• Limiting night-time noise level to 40db

• No lorries shall be dispatched from the site and no raw materials shall be brought onto the site outside 07.00 hours & 22.00 hours.       

•   Note to applicant with the statutory advice of Network Rail and Natural Resources Wales appended to the decision notice.

•       Note to applicant to encourage the site operator to provide bilingual signage where possible in order to improve the bilingual image of the company.