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
Decision:
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.
Minutes:
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.
Supporting documents: