Agenda item

Application under Section 73 to vary condition 10 on planning permission C18/1125/17/LL to increase the number of HGV lorry loads from 5 loads a day to 9 loads a day, Monday to Friday with no HGV movements on a Saturday

LOCAL MEMBER: Councillor Dilwyn Lloyd

Link to relevant background documents

DECISION: Approve subject to the following amendment to condition 10 of planning application C18/0125/17/MW:

Except with the prior written agreement of the mineral planning authority quarry output, alone or in combination with any other extant minerals planning permission at the site, shall not exceed a maximum rate of no more than five HGV loads per day Monday to Friday, with no HGV movements on a Saturday.   Figures of the output from the site over any specified period shall be made available to the local planning authority within 21 days of request.

Development to be subject to the same schedule of conditions under the previous grant of
planning permission C18/0125/17/MW to control noise, dust, vibration, hydrology, protection of the water environment, sequence of operations, compliance with the application plans, archaeology, ecological mitigation, review of operations and progressive restoration.

Application under Section 73 to vary condition 10 on planning permission C18/1125/17/LL to increase the number of HGV lorry movements from 5 loads per day to 9 loads per day, Monday to Friday with no HGV movements on a Saturday. 

a)            The Senior Planning Manager – Minerals and Waste highlighted that this application was part of planning application C18/0125/17/MW approved for the disposal and processing of existing mineral working deposits with conditions, on 6 September 2018.  It was noted that two planning permissions already existed for this site and they related to the extraction and processing of minerals from different areas in the quarry. For the sake of accuracy and to avoid doubt concerning output rates, it was highlighted that a sister application, C21/0491/17/LL, was subject to a decision to increase output and consolidate output from the entire quarry to a total of 9 HGV loads on working days.

Under Section 73 of the Town and Country Planning Act 1990, the Local Planning Authority may amend or remove conditions, but may not amend any other part of the permission. A successful s.73 application results in the grant of a new planning permission and therefore the original permission remained intact.  When determining a s.73 application, Local Planning Authorities may impose conditions beyond those proposed in the original application (although they have to be those that could have been imposed on the original permission).  Previously, it was held that the amendments permitted should not amount to a 'fundamental alteration' of the proposal put forward in the original application. 

It was reported that the application involved increasing the output from 5 to 9 loads on work days with the removal of the same amount of material with permission from the quarry complex, albeit at a quicker rate and that the main material planning considerations relating to the application was the intensity of the production process and that of additional highway impact. 

In the context of transport and access matters, no unfavourable observations had been received from statutory consultees. The Highways Department noted that the proposed increase in vehicle movements would be minimal and it was further noted that there was an ongoing voluntary agreement of circular touring where HGVs arrive at the site from Groeslon and access through Rhostryfan that, in effect, halves traffic movement to and from the quarry prior to rejoining the A487. It was added, that this arrangement could not be conditioned, the applicant and the Minerals Planning Authority was eager for this to continue - developing such arrangements would be discussed in the ongoing Planning Liaison Group that sits annually to discuss the site's operations.

It was noted that there was support to the application from Llandwrog Community Council subject to HGV movements avoiding school traffic in the morning and afternoon - this arrangement was voluntary and would be agreed and developed via the Planning Liaison Group for the site.

Given that there would only be a minor change to the current output restrictions the proposal was considered acceptable in principle and in compliance with Policy TRA 4 of the Anglesey and Gwynedd Joint Local Development Plan. In the context of impact on amenity, reference was made to the planning conditions already imposed on permission C18/0125/17/MW that meet modern standards and allow sufficient control on the potential nuisance impacts of noise and dust on the area's amenities. Gwynedd Public Protection had no observations on the application.

Because of the flexibility of the existing planning condition that involves daily loads, the MPA had approved an informal arrangements to increase output to 9 loads a day for the past 12 months to compensate for Covid lockdown measures that restricted output during 2020. Although no complaints had been made to the MPA as to operations at the quarry, comments have been received as part of this planning application process from a nearby resident noting that dust has become more of an issue during dry weather and there had been instances of vehicles arriving at the site as early as 6.30am. Having raised this issue with the quarry operator they had increased dust suppression measures and had been made aware that more frequent monitoring would be undertaken by the North Wales Minerals and Waste Planning Service with site compliance measures. In relation to issues of vehicles accessing the site at 6.30am, this matter had now been resolved and no HGV vehicles enter the site until 7.30am. These matters will be discussed with the operator and community at the next Planning Liaison Group Meeting.

It was considered that all the material planning considerations had been assessed and the proposal was consistent with the Anglesey and Gwynedd Joint Local Development Plan together with National Planning Policies and Guidance.   This application was submitted under s.73 that allows for the varying of condition 10 of the permission, and also allows sufficient control with all the other planning conditions being reimposed, such as conditions relating to the impact on the landscape, industrial archaeology, heritage, environmental and amenity safety, hours of operation, phasing, restoration, biodiversity, public rights of way and designated sites.

b)            It was proposed and seconded to approve the application

c)            During the ensuing discussion, the following observations were made by members:

·         That the work offered local employment

·         The clearance of old rubble from the quarry made the site more attractive in the long-term

·         Despite the increase in traffic this could be equivalent to one load every hour and was not extremely heavy   

·         To accept the concerns of local people

RESOLVED To approve subject to the following amendment to condition 10 of planning application C18/0125/17/MW:

Except with the prior written agreement of the mineral planning authority quarry output, alone or in combination with any other extant minerals planning permission at the site, shall not exceed a maximum rate of no more than five HGV loads per day Monday to Friday, with no HGV movements on a Saturday. Figures of the output from the site over any specified period shall be made available to the local planning authority within 21 days of request.

Development to be subject to the same schedule of conditions under the previous grant of planning permission C18/0125/17/MW to control noise, dust, vibration, hydrology, protection of the water environment, sequence of operations, compliance with the application plans, archaeology, ecological mitigation, review of operations and progressive restoration.