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
Decision:
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.
Minutes:
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.
Supporting documents: