Agenda item

Application under S.73 to remove condition 2 (time limit) & vary to condition 3 (updated plans for the removal of material, restoration and aftercare of the site) on planning permission C99M/0105/03/MW for The Removal of Material from a mineral-working deposit.

 

LOCAL MEMBER: Councillor Annwen Daniels

 

Link to relevant background documents

 

DECISION: To delegate powers to the Assistant Head of Department to approve the application, subject to the following amendment to Conditions 2 and 3 of planning permission C99M/0105/03/MW, to reflect the tonnage of mineral reserve available within the application area:
 

 

The extraction of mineral waste and ancillary operations shall cease by 31/12/2058. All plant, machinery, buildings and structures 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 31/12/2060.

 

Unless otherwise required by a planning condition or a written agreement by the Local Planning Authority, the development shall be carried out only in accordance with the details of the application Drawings, Reference '19-404-D-002, 19-404-D-002’ and supporting information registered with the authority on 27 November 2020, the Restoration and Aftercare Strategy registered on 29 December 2020, and the Planning Statement of Case registered on 21 January 2021 and any such other details as may subsequently be approved in writing by the minerals planning authority.

 

The development shall be subject to the same schedule of conditions under the previous grant of planning permission C99M/0105/03/MW to control noise, dust and protect the water environment. However, the schedule of conditions was updated with the applicant's agreement, as follows

 

1.    Hours of operation amended to 07:00hr - 19:00hr, to reflect the day-time noise limitations in MTAN1

2.    Best practicable means and/or ‘white noise’ reversing alarms shall be fitted to mobile plant and vehicles used on site

 

3.    Proposed landform, and scheme of progressive restoration to favour Upland Oakwood scrub/pioneer woodland community including heathland/woodland edge shrubs, in accordance with the submitted scheme of restoration and aftercare

4.    Review of operations to tie into the aftercare proposals and shall include provision for annual aftercare meetings to discuss restoration requirements and invasive plant management plan and monitoring

5.    Archaeological work to follow the recommendations for appropriate recording as per original scheme of archaeological investigation which will be appended to the decision notice

6.    Public footpath signs

 

A note for the applicant advising him that public footpaths should remain open and to contact Gwynedd Public Rights of way should any problems arise.

 

Consultation response from Natural Resources Wales attached to the decision notice, advising that they should be contacted directly in respect of the specific environmental and operational controls and the provision of utility within their remit.

 

 

Attention was drawn to the late observations form.

 

a)            The Senior Planning Manager – Minerals and Waste expanded on the background of the application, noting that it was an application to vary conditions on the existing permission to extend the lifespan of the mineral works and the removal of material from slate waste tips from the Maenofferen mineral works, Llechwedd Quarry.  It was noted that the Quarry extended over 8.3 hectares of operational land and was situated north of Blaenau Ffestiniog on the A40 trunk road towards Moel Bowydd and Ffridd y Bwlch.

 

It was explained that following a further discussion with the applicant, it was agreed that any application for planning permission had to reflect the tonnage of material that was available. Based on the current level of output, it was anticipated that approximately 3.4 million tonnes of slate was available which would ensure a reserve of workable material for up to 40 years.  It was agreed to vary the time limit of the current conditions to secure permission up to 2058 with an additional two years to complete the restoration plan. 

 

It was explained that the tip had been worked since approximately 1999 and it was described as one that did not include overload and dirt and was therefore useful material. It was highlighted that the application included a comprehensive, scheme of progressive restoration to favour Upland Oakwood scrub/pioneer woodland community including heathland/woodland edge shrubs that will act as a nursing community.  It was added that the key objectives of the restoration scheme would integrate/ fit in with the site's environment; improve biodiversity and strengthen the patterns of the landscape in keeping with the objective outlined in the landscape character assessments.

 

In considering the workings surrounding the area together with the work that has already been undertaken there, it was not considered that there would not be much change in the area's character in moving the spoil heap in the context of visual amenities.  It was not considered that there would be any detrimental impact on the landscape or on the National Park with no significant impact on the Ffestiniog Historic Landscape or the location of the Proposed World Heritage Site.   

 

Attention was drawn to late observations from the Rights of Way Unit regarding Public Footpaths that passed through the quarry. Although the Unit did not object to the development in principle, they recommended that the path needed to be safeguarded during and following the completion of the proposed development.   A condition was recommended stating that safety signage should be erected near the path track to warn staff operating on the site of the path's location, and also warning path users of the fact that quarry traffic are operating near/on the right of way.  It would be necessary to agree in writing on the contents of these signs within a specific time, to erect them on the site and maintain them in an acceptable condition prior to undertaking any further development work.   

 

It was reported that there were no significant planning policies to justify refusing planning permission with the matters relating to noise controls, nuisance and dust already in existence to mitigate the possible environmental effects of the development.   The intention was to duplicate these conditions.  It was noted that the applicant had agreed to limit the current operational hours from 06:30hrs - 20:00hrs' to '07:00hrs - 19:00hrs' in order to comply with the guidelines provided in Technical Advice Note MTAN1 to reduce noise levels during the day, conditional on having some flexibility for essential maintenance work, servicing, testing or emergencies outside these hours,

 

It was stated that Planning Policy Wales also promoted using recycled materials where possible to reduce the pressure on primary resources.   In terms of using an alternative supply of material e.g. available slate waste, the principle of moving the slate was acceptable as a result of local and sub-regional needs.  It was confirmed that the development was in compliance with the sustainability criteria of Policy PS 22 of the Anglesey and Gwynedd Joint Local Development Plan, Criteria for Mineral Working MWYN 3, Policy PCYFF 2 and the Restoration Requirements of Policy MWYN 9.  

 

b) 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 Conditions 2 and 3 of planning permission C99M/0105/03/MW, to reflect the tonnage of mineral reserve available within the application area:

 

The extraction of mineral waste and ancillary operations shall cease by 31/12/2058. All plant, machinery, buildings and structures 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 31/12/2060.

 

Unless otherwise required by a planning condition or a written agreement by the Local Planning Authority, the development shall be carried out only in accordance with the details of the application Drawings, Reference '19-404-D-002, 19-404-D-002’ and supporting information registered with the authority on 27 November 2020, the Restoration and Aftercare Strategy registered on 29 December 2020, and the Planning Statement of Case registered on 21 January 2021 and any such other details as may subsequently be approved in writing by the minerals planning authority.

 

The development shall be subject to the same schedule of conditions under the previous grant of planning permission C99M/0105/03/MW to control noise, dust and protect the water environment. However, the schedule of conditions was updated with the agreement of the applicant, as follows

 

1.            Hours of operation amended to 07:00hr - 19:00hr, to reflect the daytime noise limitations in MTAN1

2.            Best practicable means and/or ‘white noise’ reversing alarms shall be fitted to mobile plant and vehicles used on site.

3.            Proposed landform, and scheme of progressive restoration to favour Upland Oakwood scrub/pioneer woodland community including heathland/woodland edge shrubs, in accordance with the submitted scheme of restoration and aftercare

 

4.         Review of operations to tie into the aftercare proposals and shall include provision for annual aftercare meetings to discuss restoration requirements and invasive plant management plan and monitoring

5.         Archaeological work to follow the recommendations for appropriate recording as per original scheme of archaeological investigation, which will be appended to the decision notice.

6.         Public footpath signs

 

Note to the applicant to advise that public footpaths should remain open and to contact Gwynedd Public Rights of way should any issues arise.

 

Consultation response from Natural Resources Wales attached to the decision notice, advising that they should be contacted direct in respect of the specific environmental and operational controls and the provision of utility within their remit.