Agenda item

Application under Section 73 of the Town and Country Planning Act 1990 to vary condition 1 on planning permission C03M/0010/03/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 C03M/0010/03/MW to allow the continued operation of the slate processing plant. 

•           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 in - March 2020.

•           Development shall be subject to the same schedule of conditions under the previous grant of planning permission C03M/0010/03/MW to control noise, dust, vibration, protection of the water environment, hours of operation, output, compliance with the application plans, review of operations and restoration but specifically; 

•           Limiting daytime noise level to 50db

•           Limiting night-time noise level to 40db

•           Shut down of primary crusher overnight

•           All doors/shutters to be kept closed overnight

•           No restarting of plant after 22.00 hours (if the plant were to break down overnight it will not be restarted until the following day)

•           The external crusher shall not be operated between 07.00 hours & 22.00 hours.

•           No lorries shall be loaded outside 07.00 hours & 22.00 hours.

•           Overnight finished product shall be stored in the main building until the following day

•           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 C03M/0010/03/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, and explained that this application was to vary conditions imposed on the original permission granted in 1990 to develop land without conforming to conditions to allow the continued operation of the plant from 07.00 hours to 19.00 hours from Monday to Friday (i.e. 24 hour operation) together with an increase in output from 6 to 9 loads of material per working day.  The permission also allowed amendments to the restrictions on noise emissions subject to conditions that require the operator to operate a noise monitoring scheme.

It was noted that no objections had been received to the application except for a letter stating concerns that emissions from the plant may contain gases that would impact the health and well-being of neighbouring residents.  Consequently, it was highlighted that the Public Protection Service demanded that conditions to control noise, dust etc., continue on the site.  It was considered that the site can operate without undue nuisance to the amenities of the area under the terms of relevant noise and air quality conditions. 

There is unlikely to be any apparent change in site working conditions or visual impact of the workings and the development will not detract from the positive features in the landscape or those elements that contribute to the distinctive character of the historic landscape or candidate World Heritage Site. Slate waste will be processed and treated to produce roofing felt and the supply of material for the processing plant is not entirely dependent on the remaining reserve of minerals held within the slate tip. The restoration scheme will include the treatment of the exposed ground once the operations have ceased.

In terms of securing an alternative supply of materials, the principle of secondary mineral extraction is acceptable and in terms of local need, the development conforms to all the relevant policies.

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

•     She supported the plan         

•     There was a need to protect Afon Bowydd from pollution

c)    During the ensuing discussion, the following main observations were noted by members:

                   •    Approving the application would be a boost to the local economy

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

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

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 C03M/0010/03/MW, to allow the continued operation of the slate processing plant. 

·         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 in - March 2020.

·         Development shall be subject to the same schedule of conditions under the previous grant of planning permission C03M/0010/03/MW to control noise, dust, vibration, protection of the water environment, hours of operation, output, compliance with the application plans, review of operations and restoration but specifically; 

•    Limiting daytime noise level to 50db

•     night-time noise level to 40db

•    Shut down of primary crusher overnight

•    All doors/shutters to be kept closed overnight

•    No restarting of plant after 22.00 hours (if the plant were to break down overnight it will not be restarted until the following day)

•    The external crusher shall not be operated between 07.00 hours & 22.00 hours.

•    No lorries shall be loaded outside 07.00 hours & 22.00 hours.

•    Overnight finished product shall be stored in the main building until the following day

·         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.