Agenda item

Application under Section 73 of the Town and Country Planning Act 1990 to vary condition 1 on planning permission C10M/0103/03/MW to allow the continued operation of an established business for a further 20 years up until 31 January 2040

LOCAL MEMBER: Councillor Annwen Daniels

Link to relevant background papers

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 C10M/0103/03/MW to reflect the tonnage of mineral reserve available within the application area:

•           The extraction of mineral waste and ancillary operations shall cease by 31/12/2025. All plant, machinery, buildings structures and erections related to or sited as a consequence of this planning permission shall be removed by that date.  Restoration of the site shall be completed by 31/12/2027.

•           Development will be subject to the same schedule of conditions under the previous grant of planning permission C10M/0103/03/MW to control noise, dust, vibration, protection of the water environment, hours of operation, output, compliance with the application plans, proposed landform, ecological mitigation, review of operations and progressive restoration.

•           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 C10M/0103/03/MW to allow the continued operation of an established business for a further 20 years up 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 it was an application to allow for the continued removal of material from slate waste tips for an additional 20 years.

It was reported that the supply of slate waste for the processing plant was not entirely dependent on the remaining reserve of mineral held within the slate tip, and it was anticipated that this would continue for approximately another five years.  In order not to delay the implementation of a scheme of restoration for the disturbed tip surfaces, it is considered that permission is granted for a further five years.   Any amendment to Condition 1 of planning permission C10M/0103/03/MW will reflect the tonnage of mineral reserve available within the application area.

Having discussed the matter further with the applicant, it has been agreed that a 5-year permission would provide a sufficient time-scale for the removal of the remainder of the slate tip.

The work of removing the tips would be subject to a phased scheme of extraction with potential for a more positive improvement for the long-term once the restored areas are blended into the surrounding hillsides and natural vegetation.  It was considered that the site could operate without undue nuisance to the amenities of the area under the terms of existing conditions for the removal and processing of slate.  

The element of using recycled/reusing materials was supported to place less pressure on primary resources.  In terms of securing an alternative supply of materials, the principle of secondary mineral extraction was acceptable and in terms of local need, the development complied with all the relevant policies.

In response to a question asking if the tips would disappear, it was noted that the tips would be graduated and the materials used for the scheme of restoration.

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.

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 C10M/0103/03/MW to reflect the tonnage of mineral reserve available within the application area:

·         The extraction of mineral waste and ancillary operations shall cease by 31/12/2025. All plant, machinery, buildings structures and erections related to or sited as a consequence of this planning permission shall be removed by that date.  Restoration of the site shall be completed by 31/12/2027.

·         Development will be subject to the same schedule of conditions under the previous grant of planning permission C10M/0103/03/MW to control noise, dust, vibration, protection of the water environment, hours of operation, output, compliance with the application plans, proposed landform, ecological mitigation, review of operations and progressive restoration.

·         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.