Agenda item

Proposed extension to slate extraction operations 

 

LOCAL MEMBER: Councillor Beca Roberts

 

Link to relevant background documents

DECISION: To delegate powers to the Assistant Head of the Environment Department to approve the application, with conditions relating to the following:

 

1.    Duration of working period 31/12/2035 and restoration up to 31/12/2037 to coincide with terms of overarching planning permission.

2.    Permitted activities and compliance with submitted details/plans.

3.    Mark boundary of site and mineral extraction zones.

4.    Revoke Part 19 and 21 rights of the General Permitted Development Order for fixed plant or machinery, buildings and structures and mineral waste.

5.    Working Hours.

6.    Method of working and blast limitations;

7.    Detailed Restoration Plan

8.    Control of external lighting.

9.    Control of daytime and night time noise limitations.

10.  Control of fugitive dust.

11.  Five yearly review of operations.

12.  Soils and restoration media storage.

13.  Controls on soil stripping and vegetation clearance.

14.  Updated tipping and waste (slate, soils etc.) scheme.

15.  Long-term monitoring plan of the leat.

16.  Protection of nesting birds.

17.  Lichen management plan.

18.  Reptiles protection measures.

19.  Restrict access of livestock to restored areas.

20.  Monitoring of invasive species.

21.  Detailed restoration scheme at least 12 months prior to cessation of operations.

22.  Archaeological recording and mitigation.

 

Application for extension to slate extraction operation

 

Attention was drawn to the late observations form.

 

a)    The Senior Planning Officer - Minerals, highlighted that this was an application for a side extension to the working area of Penrhyn Quarry. It was explained that the quarry was located to the south of the town of Bethesda, with vehicular access along a private road leading off the B4409, a Class 2 public road, at Pont y Tŵr; that the application site was located immediately adjacent to the south-western corner of the existing rock face, and within the boundary of the existing planning consent for a side extension (reference C12/0874/16/MW), and a Review of Old Minerals Consent under the Environment Act 1995 (ROMP) (permission number C16/1164/16/MW) for the whole quarry approved in 2017.

 

It was noted that the proposed extension would include around 1.6ha of land, with the application site including a total of 2.26ha (that would also include keeping the boundaries and the stream in the south-east). It is proposed to work the extended excavation area in the same manner as the existing workings agreed under ROMP 2017 and application C12/0874/16/MW, including waste tipping, stockpiling, producing roof slates, etc.

 

The need for the extension arises as a result of a vertical dolerite dyke that crosses the south-western existing rock face. Slate within 25m of this dyke are seriously damaged to the degree where it is not possible to obtain any material to work from them, which leads to the loss of around 1.11 tonnes of the best slate. The proposed extension would release around 250,000 tonnes of purple roofing slate and 1.9 million tonnes of red/blue decorative slate, therefore ensuring that there is no deficit in the existing mineral reserve, and maintaining the land bank in accordance with the requirements of Strategic Policy 22: Minerals and MWYN 3 of the JLDP.

 

In the context of the visual amenities and the landscape, it was noted that the area immediately surrounding the site included a number of sensitive land designations, i.e. Snowdonia National Park, Welsh Slate Area World Heritage Site, Dyffryn Ogwen Landscape of Outstanding Historic Interest (LOHI), Special Landscape Area of the North Western Fringes of Snowdonia.  Further afield were the Anglesey Area of Outstanding Natural Beauty (AONB), Faenol and Penrhyn Castle Historic Parks and Gardens, Menai and Bangor Mountain SLA and the Dinorwig Landscape of Outstanding Historic Interest - all have been identified within the Assessment of Impact on the Landscape and Visual Impact.

 

Considering the scale of the development, it was likely that it would be difficult to differentiate the extension site from the existing excavation site and workings at the quarry from further away. The LVIA concludes that any prominent impacts on the landscape will be restricted to areas immediately adjacent to the site; specifically Gwaun Gynfi and Elidir Fach.

 

The existing restoration strategy for the whole site is a condition in the ROMP (C16/1164/16/MW) and it is proposed to incorporate the restoration work for the proposed extension in the broader plan.  Although a restoration plan exists for the site, NRW noted that they would recommend introducing a detailed restoration plan before the end of the quarrying work. The MPA considers that this is a reasonable addition to the application (along with application C22/0327/16/AC), and that it would ensure that the whole site is restored in the most effective manner. To this end, it was not considered that the proposal would have a substantial impact on the character of the area's landscape, considering the proposal's proximity to the existing and historic quarry works along with the landscape in which it is located. Therefore, the proposal complies with the requirements of planning policies PCYFF 3, PCYFF 4 and MWYN 9 of the JLDP.

 

In the context of noise and vibration, the potential noise from the proposed works was measured against the noise conditions of the existing planning permission. It was considered that the situation could be managed effectively through mitigation measures and appropriate conditions. It was reiterated that a condition would demand that the developer continued with the current procedure of monitoring dust and the condition of the atmosphere, implemented mitigation steps to keep the dust down, and kept a log of dust-related complaints. With this condition, it was considered that the proposal complied with the relevant policies - MWYN 3 and PCYFF 2 of the LDP.

 

In the context of traffic matters, public rights of way and common land, it was reported that the proposal did not include an intention to increase the number of HGV movements from the site and no observations had been received from the Council's Transportation Unit (although comments on a sister-application C22/0327/16/AC had been submitted noting no objection since there would not be any proposed increase in traffic movements from the site).

 

When discussing hydrology and hydro-geology matters, attention was drawn to the interception leat that had been implemented as a part of the existing extension. It was explained that the leat ran along the boundary of the quarry void and the boundary of the proposed extension, and captured surface water and re-directed it to the Gwaun Gynfi wetland and peat-land. This made good for the previous loss of hydro-geology catchment area from previous applications to extend, and maintained a water source for the wetland. It was concluded that there was no greater impact on hydro-geology features from the proposed extension, alongside the existing quarrying, provided that the recommended mitigation and monitoring measures were implemented.

 

A consultation was undertaken with the Local Authority's Biodiversity Unit and they confirmed that they did not have any objection to the development and that they agreed with the mitigation measures recommended and the inclusion of appropriate conditions.

 

In the context of archaeology and cultural heritage matters, reference was made to a post-medieval cellular sheep pen within the area of the proposed extension and that a programme of recording and controlled demolition was undertaken prior to the development of the extension. In addition, it was noted that CADW and the Gwynedd Archaeological Planning Service had confirmed that they did not have any objection to the proposed work and that they agreed with the summary of the chapter on Cultural Heritage in the Environmental Statement. The chapter concluded that the proposals did not have any impact on the World Heritage Site designation nor on its Outstanding General Value and it would have a small or very small indirect visual impact on the Historic Landscape Area.

 

It was reported that Section 1 (a) strategic policy PS 1 'The Welsh Language and Culture', noting that a Welsh Language Statement will need to be provided with an offer for 'Retail, industrial or commercial development that employs more than 50 employees and/or with a surface area of 1,000 m.sq. or more. In response to this need, the applicant provided a language statement which concluded that the quarry had a long-established workforce with a substantial number of people who could speak Welsh or possessed Welsh language skills. As the intention of the proposed extension was to help maintain the operations of the quarry, it was unlikely that the company needed to employ more workers and it would sustain the existing workforce. 

 

It was considered that the proposed development complied with all relevant planning policies and considerations and it was recommended that the planning application should be approved with appropriate conditions.

 

b)    Taking advantage of the right to speak, the applicant noted the following observations:

·         That he was thankful of the opportunity to explain the need for an extension

·         That the extension responded to the impact on a geological anomaly that would allow the company to reach suitable products

·         That Welsh slate was unique

·         That approving an extension would lead to a reduction in the waiting list for material

·         That the company was well-established

·         That the extension would secure employment for 115 until 2035

 

c)     The Chair noted that Cllr Beca Roberts (Local Member) had noted in an e-mail that she was in favour of the proposal

 

ch) It was proposed and seconded to approve the application

 

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

·         That the quarry was important to the local economy

·         Protected jobs in the area

 

RESOLVED: To delegate powers to the Head of the Environment Department to approve the application, with conditions relating to the following:

 

1.         Duration of working period 31/12/2035 and restoration up to 31/12/2037 to coincide with terms of overarching planning permission.

2.         Permitted activities and compliance with submitted details/plans.

3.         Mark boundary of site and mineral extraction zones.

4.         Revoke Part 19 and 21 rights of the General Permitted Development Order for fixed plant or machinery, buildings and structures and mineral waste.

5.         Working Hours.

6.         Method of working and blast limitations.

7.         Detailed Restoration Plan.

8.         Control of external lighting.

9.         Control of daytime and night time noise limitations.

10.       Control of fugitive dust.

11.       Five yearly review of operations.

12.       Soils and restoration media storage.

13.       Controls on soil stripping and vegetation clearance.
14.       Updated tipping and waste (slate, soils etc.) scheme.
15.       Long-term monitoring plan of the leat.

16.       Protection of nesting birds.

17.       Lichen management plan.

18.       Reptiles protection measures.

19.       Restrict access of livestock to restored areas.

20.       Monitoring of invasive species.

21.       Detailed restoration scheme at least 12 months prior to cessation of operations.

22.       Archaeological recording and mitigation.