Agenda item

Application under Section 73 of the Town and Country Planning Act to vary condition 2 on planning permission C15/0299/34/MW (construction of 3 ancillary silting lagoons and sociated works to provide the necessary capacity to enable the ongoing working of mineral and the provision of a closed system for the control of quarry water on site) to allow a four-year extension for the use of the lagoons in connection with the minerals operations and a further year for the completion of restoration.

 

LOCAL MEMBERS: Councillor Owain Williams and Councillor Craig ab Iago

 

Link to relevant background documents

 

To delegate powers to the Assistant Head of Department to approve the application, subject to the following amendment to Condition 1 of planning permission C16/0816/34/MW to extend the lifespan of minerals operations involving the operation of three ancillary silting lagoons and associated works for an additional four-year period:

 

Extraction of minerals shall cease by 31 December 2024 by which time all plant and machinery shall have been removed from the site; restoration shall be completed by 31 December 2025.

 

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.

 

Planning conditions as existing in relation to the following regulatory controls;

•           Duration of work,

•           Restriction on permitted development rights, buildings, structures, erections, private, floodlighting and fences,

•           Mitigation for the potential impacts on springs to the north of the extraction area,

•           Mitigation for local biodiversity, Badgers, breeding birds and reptiles,

•           Permitted operations and Compliance with the submitted Details/Plans,

•           Hours of Working,

•           Safeguarding Public Rights of Way,

•           Soil handling and husbandry,

•           Drainage, measures to prevent the pollution of local water courses, 

•           Restore to mixed agricultural use and nature conservation,

•           Reinstatement of field boundaries,

•           Micro-adjustment of restoration levels to ensure a flow of water into the wetland north of the application area, 

•           Archaeological mitigation and recording, 

•           After-care measures for agricultural use and biodiversity management,

•           Dust controls and noise limitations the same as existing but also, plant machinery at the working face to be fitted with white noise alarms.

 

 

Attention was drawn to the late observations form.

a)       The Senior Minerals and Waste Planning Officer highlighted that the application site was on the western flank of the existing extraction area, approximately 530m from the Llŷn AONB and to the west of Snowdonia National Park. He elaborated by noting that it was proposed to revisit these areas to re-work the mineral that had previously been considered uneconomic, also enabling the extraction scheme to access further deposits extending to the east. He reiterated that the proposed extension site included improved grassland with irregular stone wall field boundaries. The area was bordered by the existing working area to the west, the Lôn Eifion cycleway to the east and an area of rough, marshy grassland to the north. 

 

It was explained that Planning Policy Wales (Edition 11 - February 2021) outlined the Welsh Government's planning policy in relation to mineral extraction. Every Mineral Planning Authority should ensure that its development plans made allowances to contribute to the supply of minerals that met local, regional and national needs. Gwynedd Council, jointly with all Welsh Authorities had endorsed the Regional Technical Statement formed by the North Wales Regional Aggregates Working Party which was currently subject to a second review. The statement had been prepared in accordance with the provisions of Minerals Planning Policy (Wales) and Technical Advice Note (Wales) 1:
Aggregates (MTAN1), to set one common objective, namely to attempt to ensure that the supply of aggregates was managed in a sustainable way.

 

It was a requirement that the Council, as Mineral Planning Authority, maintained a landbank of reserve aggregate minerals in accordance with current guidelines that noted a minimum of seven years for sand and gravel. Since the publication of the first RTS Review, the overall level of permitted aggregates reserves in North Wales had diminished.  

 

Subject to all other material planning considerations, it was considered that the development complied with the requirements of Strategic Minerals Policy PS22 and Policy MWYN 3 of the Gwynedd and Anglesey Joint Local Development Plan 2011-2026.

 

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

·         The site was well-established

·         No objection to extending the term

·         Restoration work was crucial

·         Request to hold discussions on including tree planting in the restoration plans

·         The need to safeguard Lôn Eifion

 

c) It was proposed and seconded to approve the application

 

ch) During the ensuing discussion, the following observations were made by Members:

·           That this avoided transporting minerals from one location to another

·           The site was well managed - no complaints had been received

·           The resource was needed in Gwynedd

·           The site offered local employment opportunities

 

a)    In response to the Local Member's observations regarding tree planting, it was noted that the following application (C20/1064/22/AC) would offer better opportunities for tree planting and creating roosting features. It was noted that the intention for this part of the site was to restore the land for pasture.

 

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 C16/0816/34/MW to extend the lifespan of minerals operations involving the operation of three ancillary silting lagoons and associated works for an additional four year period:

 

Extraction of minerals shall cease by 31 December 2024 by which time all plant and machinery shall have been removed from the site; restoration shall be completed by 31 December 2025.

 

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.

 

Planning conditions as existing in relation to the following regulatory controls;

·         Length of the working period

·         Restriction on permitted development rights, buildings, structures, erections, private roads, floodlighting and fences

·         Mitigation for the potential impacts on springs to the north of the extraction area

·         Mitigation for local biodiversity, badgers, breeding birds and reptiles

·         Permitted operations and Compliance with the submitted Details/Plans

·         Hours of Working

·         Safeguarding Public Rights of Way

·         Soil handling and husbandry

·         Drainage, measures to prevent the pollution of local water courses

·         Reinstatement of field boundaries

·         Micro-adjustment of restoration levels to ensure a flow of water into the wetland north of the application area

·         Archaeological mitigation and recording 

·         After-care measures for agricultural use and biodiversity management,

·         Dust controls and noise limitations the same as existing but also, plant machinery at the working face to be fitted with white noise alarms.