Agenda item

Application under Section 73 to vary condition 1 and 3 of planning permission C16/1164/16/MW (Application under the Environment Act 1995 for the determination of conditions under periodic review) so as to extend the time for winning and working of material to 2035, extend time to restore site to 2037 and amend drawings so as to accommodate a proposed extension to extraction area

 

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.

2.    Permitted operations and compliance with submitted details/plans/drawings (including extension area).

3.    Mark boundary of site and mineral extraction zones.

4.    Working Hours.

5.    Apply to extend the closure and diversion of Public Rights Of Way numbers 46 and 50.

6.    Hours of Working at the working face

7.    Method of working and blast limitations

8.    Restoration and detailed habitat creation and restoration plan in accordance with the application details

9.    Restoration scheme for the plant site by 31 December 2030.

10.  Five yearly review of operations

11.  Control of external lighting

12.  Control of daytime and night time noise limitations

13.  Control of fugitive dust and provision/maintenance of a weather station

14.  Soils and storage of restoration materials

15.  Restriction on permitted development rights

16.  Restriction on vegetation clearance at specific times of the year unless it can be proven in writing that the work will not disturb birds and reptiles;

17.  Updated lichen monitoring

18.  Moorland habitat management plan for the ecological compensation area in accordance with the details provided

19.  Long-term monitoring plan of the leat.

20.  Gwaen Gynfi habitat monitoring

21.  Archaeological recording and mitigation

22.  Protection of nesting birds.

23.  Lichen management plan.

24. Reptiles protection measures.

25.  Restrict access of livestock to restored areas.

26.  Monitoring of invasive species

 

Breedon, Penrhyn Quarry, Bethesda, Bangor, Gwynedd, LL57 4YG

 

Application under Section 73 to vary condition 1 and 3 of planning permission C16/1164/16/MW (Application under the Environment Act 1995 for the determination of conditions under periodic review) so as to extend the time for winning and working of material to 2035, extend time to restore site to 2037 and amend drawings so as to accommodate a proposed extension to extraction area

 

Attention was drawn to the late observations form.

 

a)    The Senior Planning Manager – Minerals, highlighted that this was an application under Section 73 of the 1990 Planning Act to vary conditions 1 and 3 of planning application C16/1164/16/MW (Review of Old Mineral Planning Consents under the 1995 Environment Act (ROMP)) to extend the slate excavation work and associated operations for three years, allow more time to restore the site and amend plans to make room for a proposed extension to the area that was currently being worked.

 

It was explained that the application site included the quarry as a whole and its operations; excavating for minerals (including the area of the proposed extension), mineral waste tips, processing, stockpiling, removal of historical mineral waste tips, site office/welfare facilities, weighbridge and restored areas. Under this current planning consent (ROMP), condition 1 stated that all operations could continue up to 31/12/2032, with the final restoration to be completed by 31/12/2034. The proposed change to this condition would change the date when operations would cease to 31/12/2035, and the restoration work to be completed by 31/12/2037.

 

It was noted that the principle of extending works at the quarry on the site was based on Strategic Minerals Policy PS22 and Policy MWYN 3 of the LDP where it was noted that the Council would contribute to the permanent demand locally and regionally for the supply of minerals by sustaining a land-bank of at least seven years of Sand and Gravel, and a ten-year reserve land-bank of crushed rock aggregate in accordance with national guidance.

 

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 HGV movements from the site. Observations were received from the Council's Transportation Unit, noting no objection to the proposal since it was unlikely to have any impact on the highways network.

 

In addition, it was noted that the Public Rights of Way Unit had confirmed that a permitted path had been established and that it followed the path used to transport customers to the highest zip-wire in Zip World. This path had been agreed with the Council and it currently was the subject of some work in order to be able to open the path to the public. Therefore, it was considered that although the original Public Rights of Way that crossed the quarry had been impacted for a substantial period of time, the permitted path agreed upon provided a safe access between Llandygai and the slopes that ascended above the quarry. It was reiterated that steps to secure the closing period and agreement for a permitted path to coincide with the date of the quarry's cease of operations were included as conditions on this permission. It was considered that these steps would be an acceptable method to secure a path for the public and that the proposal did not cause unacceptable harm to Public Rights of Way in order to comply with policy TRA of the LDP.

 

When discussing hydrology and hydro-geology matters, attention was drawn to the water management methods that were currently being implemented on the site, which included; drainage and open channels, pumped drainage, surface water attenuation, stilling lagoons and an interception leat that were implemented as a part of the extension in 2012. It was noted that the leat ran along the boundary of the quarry void and the boundary of the proposed extension, capturing surface water and re-directing it to the Gwaun Gynfi wetland and peat-land. It was reiterated, although Natural Resources Wales (NRW) had stated that they accepted the majority of the findings, they were however dubious about the efficiency of the leat and had therefore stated that a condition should be imposed on any planning consent to ensure a long-term monitoring plan.

 

In the context of the economy, it was noted that the proposals that the application related to were essential to the company's future economic contribution.  It was noted that the company made a direct and substantial contribution to the local economy and direct/indirect employment as a result of the quarry's operations.  In addition, retaining local workers would have positive impacts on the culture, and more specifically, on the status of the Welsh language in the area. Therefore, it was considered that the proposal made a positive contribution to the area's economy in accordance with Strategic Policy PS 13 of the LDP and TAN 23.

 

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

 

c)  It was proposed and seconded to approve the application in accordance with the recommendations

 

 

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.

2.         Permitted operations and compliance with submitted details/plans/drawings (including extension area).

3.         Mark boundary of site and mineral extraction zones.

4.         Working Hours.

5.         Apply to extend the closure and diversion of Public Rights Of Way numbers 46 and 50.

6.         Hours of Working at the working face.

7.         Method of working and blast limitations.

8.         Restoration and detailed habitat creation and restoration plan in accordance with the application details.

9.         Restoration scheme for the plant site by 31 December 2035.

10.       Five yearly review of operations.

11.       Control of external lighting.

12.       Control of daytime and night time noise limitations.

13.       Control of fugitive dust and provision/maintenance of a weather station.

14.       Soils and storage of restoration materials.

15.       Restriction on permitted development rights.

16.       Restriction on vegetation clearance at specific times of the year unless it can be proven in writing that the work will not disturb birds and reptiles.

17.       Updated lichen monitoring.

18.       Moorland habitat management plan for the ecological compensation area in accordance with the details provided.

19.       Long-term monitoring plan of the leat.

20.       Gwaun Gynfi habitat monitoring.

21.       Archaeological recording and mitigation

22.       Protection of nesting birds.

23.       Lichen management plan.

24.       Reptiles protection measures.

25.       Restrict access of livestock to restored areas.

26.       Monitoring of invasive species.