Agenda item
Application
for extension to Cae Efa Lwyd sand and gravel pit
LOCAL MEMBER: Councillor Craig ab Iago
Decision:
DECISION:
To delegate powers to the Head of Environment Department to approve the
application, subject to conditions relating to the following:
1. 5 years
2. Duration of works – 10 years at a rate
of 125,000 tons per annum
3. In accordance with plans
4. Restriction
of GPDO rights for buildings, structures, private roads, floodlighting, fencing
etc.
5. A copy
of the determination and approved plans to be shown at the site office.
6. Restriction
of 125,000 tonnes per annum on material removed from site, at a maximum rate of
twenty-five (25) HGV loads per day
7. Surface
of site access to county highway to be kept clean and no mud/debris to be
deposited on highway.
8. No
materials (refuse or waste materials) shall be imported to the site.
9. Mark the boundary of site and mineral
extraction zones.
10. Working
hours. No operations on Saturdays, Sundays or Bank Holidays or Public Holidays
other than emergency, servicing and maintenance work.
11. All
loaded vehicles to be sheeted or treated to avoid emission of dust.
12. Record of traffic.
13. No processing on site.
14. Noise limits and noise limits in relation
to temporary operations.
15. Noise mitigation measures.
16. Acoustic fencing retained and bunding
retained.
17. Vegetation, topsoil, subsoils to be
stored in acoustic screening bund.
18. Noise monitoring.
19. Air quality limits and air quality
monitoring.
20. Dust
suppression measures and updated dust monitoring and control scheme.
21. Boundary of mineral extraction area to be
temporarily fenced.
22. Groundwater monitoring.
23. Submission
of detailed written scheme of investigation for archaeological work.
24. Submission
of detailed analytical report of the archaeological work in accordance with the
written scheme of investigation.
25. Restoration plan.
26. Storage/management of soils.
27. No
soils to be removed from site, and the soil to be used in site restoration.
28. Soil storage mounds to be kept free from
weeds.
29. Submission of restoration and 5-year
aftercare plan.
30. Restoration in accordance with the 5-year
aftercare and monitoring plan.
31. Ripping of ground to avoid compaction.
32. Correct sequence and spread of soils in
restoration.
33. Conduct chemical analysis of soils during
restoration.
34. No livestock to be kept until land is of
an acceptable condition.
35. Annual review of operations and
aftercare.
36. Revised scheme of restoration to be
submitted to the LPA in the event of premature cessation of mineral extraction
for a period of 12 months.
37. Mitigation measures for badgers, breeding
birds, reptiles.
38. Restriction on removal of vegetation
during bird nesting season.
39. Reasonable
avoidance measures to protect reptiles during demolition of walls and field
boundaries.
40. Pollution prevention measures.
41. Collection
and disposal of water to restrict what is released to water environment.
42. Compliance with surface water management
plan.
43. A condition to identify the site by its
Welsh name.
Minutes:
Application for an extension to sand and gravel pit at
Cae Efa Lwyd
The Senior Planning Manager
– Minerals, highlighted that this was an application to extend the extraction
area of the Cae Efa Lwyd
operational sand and gravel pit. It was expected for the work to release
793,000 tonnes of sand and gravel in addition to the 298,000 tonnes that had
already been released. The application was not applying for a processing
permission on the site - the arrangement of transporting the minerals to Graianog Quarry would continue.
It was highlighted that an
Environmental Statement had been submitted with the application as the scale of
the application was the subject of an Environmental Impact Assessment in
accordance with the requirements.
In the context of
the principle of the development, it was noted that the proposed extension site
had been identified as a preferred area for supplying the need for sand and
gravel within policy MWYN 2 of the Local Development Plan (LDP), namely a
policy that facilitates the additional provision of minerals, sand and gravel to meet the identified need noted in the
North Wales Regional Technical Statement. The Statement had been approved by
Cyngor Gwynedd. The proposal would provide additional minerals and reduce the
shortfall (at least 2.6 million tonnes of sand and gravel) in the land bank in
accordance with the requirements of policies MWYN 2, MWYN 3 and Strategic
Policy PS 22.
When discussing visual amenities and landscape,
it was reported that the site did not fall within any landscape designations
and that it was located within an area of enclosed agricultural land to the
west of Penygroes. A Landscape and Visual Impact
Assessment had been submitted which verified the impact of the development on
landscape assets around the site. It was considered that the primary effects
would include gradual reduction in land level when excavating the mineral,
mobile activity in the quarry, the screening bund along the boundary of the
site and the ground level below original land level following the restoration work - these impacts
would be more detrimental / prominent during the operational period an in areas
directly adjacent to the site.
Concerns had been raised by the Welsh
Government's Soil Policy and Agricultural Land Use Planning Unit about the
practicality of restoring the site to provide the best standard of agricultural
land throughout the site due to the topography and hydrogeology. In response,
it was explained that paragraph 3.59 Planning Policy Wales stated that
development should be undertaken on the best agricultural land if there was an
overriding need for the development - the need for this development to meet the
demand for minerals had been supported by local and national policies. It was
reiterated that the Soil Policy and Agricultural Land Use Planning Unit had
proposed further conditions to ensure agricultural restoration and after-care
after the use ends and that any visual impacts of the proposal would be
temporary.
In the context of general and residential
amenities, it was noted that the guidance of national policy MTAN 1 recommended
a distance of 100m between a sand and gravel
development and residential dwellings. It was recognised that current work on
the site, which had been agreed via a Review of Old Mineral Permissions in
2017, had been located within 100m of residential dwellings but the principle
of the excavation work had already been established in a previous planning
permission The proposal intended to extend the site in a northerly direction,
away from the residential dwellings and the village, which meant that the
excavation work would take place over 100m away from the residential dwellings.
Given the distance, and the evidence that the site already operated without
detriment to general and residential amenities, by imposing planning conditions
or environmental permits, it was considered that the application would comply
with Policies PCYFF 2 and MWYN 3 of the LDP and MTAN 1.
It was highlighted that a noise assessment had
been submitted with the application discussing the noise that would derive from
the excavation activity, assessing how this could affect nearby
properties. The Public Protection Unit was consulted for observations on the
contents of the assessment and proposals. The conclusion of the assessment was
accepted subject to imposing conditions for mitigation measures, use of white
noise reversing alarms and retention of the
acoustic barrier and bund along the south-eastern boundary of the site. An air
quality impact assessment was submitted with the application which verified the
impact of dust and particle levels. It was concluded that there was little
potential for the operations to cause a breach in air quality standards, and
the Public Protection Unit agreed that any impact would be negligible, but
conditions would have to be imposed to ensure that the ‘Dust Monitoring and
Control Scheme’ was updated and that specific levels of air quality, limits on
dust nuisance, air quality monitoring/dust survey in the event of complaints,
wheel wash facility and sheeting of vehicles (laden with mineral less than
100mm dimension) were followed.
In the context of traffic and rights of way
matters, it was reported that it was proposed to increase the maximum rate of
HGV loads from 20 to 25 per day. The site would continue to use the same access
to Ffordd Clynnog that had been developed under a
2017 permission. The Transportation Unit did not have any objection to the
increase in the number of daily traffic movements. It was reiterated that the
closest public right of way skirted around the north-eastern corner of the site but it would not be affected at all.
During the initial consultation period, it was
reported that Natural Resources Wales (NRW) had raised concerns regarding
compliance with working above the water table and surface water run-off.
Further information had been received by the agent confirming that groundwater
was being monitored by a network of boreholes and that ground level pegs and
level boards were set in the ground to ensure that work remained at the
approved levels. NRW confirmed that the additional information was acceptable
and proposed hydrological pollution prevention measures. In addition, a
Hydrological Impact Assessment had been submitted with the application
suggesting mitigation measures for accidental spillages to watercourses, as
well as conditions from the previous permission that would be reinstated on the
new development.
The site did not fall within any ecological
related designations and was primarily
comprised of agriculturally and semi-improved lowland grassland. It was noted
that several technical documents had been submitted with the Environmental
Statement proposing suggestions to protect reptiles, nesting birds and cloddiau used by foraging bats. It was reiterated
that the Council's Ecologist had a concern regarding a badger sett which had
been the subject of a condition on the previous application,
but work to ensure the condition of the sett had now been completed in
July 2023, along with a specification of proposed planting and monitoring work.
Although a brief restoration scheme had been submitted highlighting an
intention to ensure rough grazing and biodiversity enhancement areas, there was
a need to submit a detailed scheme of after-care for the approval of the
mineral planning authority prior to the commencement of development on site.
In addition, it was reported that it was
intended to impose conditions regarding vegetation, shrubs
and tree clearance to avoid nesting periods - that hedges and cloddiau was to be removed under the supervision of
a qualified ecologist and that wetland hydrology, extraction depths and ground
water levels on a wildlife site would be monitored.
A Heritage Impact Assessment, Geophysical Survey
and Trial Trenching had been undertaken to assess the impact of the proposal on
archaeology and heritage. The information was reviewed by the Gwynedd
Archaeological Planning Service - they did not object to the proposal but noted
the need to impose planning conditions to ensure further archaeological work as
archaeological remains were partly within the excavation area. The conditions
related to submitting a written scheme of investigation prior to commencing the
work and submitting a report analysing the archaeological work 12 months after
completing the work.
It was reported that one objection had been
received during the public consultation on the grounds that the quarry signs on
the site were in English only. It was explained that criterion 5 of policy PS 1
stated that the Council would "... Set an expectation that Welsh names are
used for new developments, house and street names". With the name of the
application (Cae Efa Lwyd)
associated with the Cae Efa Lwyd
historical farmhouse, it was considered that it would be reasonable to ask the
applicant to consider showing this as the name of the site, or that a condition
was imposed on the permission asking for a Welsh name to be displayed for the
site.
It was considered that the proposed development
was consistent with all relevant planning policies and considerations
and it was recommended that the application be approved subject to including
relevant conditions.
It was proposed and seconded to approve the
application.
In response to a question regarding planning
policies corresponding with the Council's zero net policy and the fact the
restoring land did not bring historical, fertile lands back into use after
ripping minerals from the land (contrary to the Council's zero net principles),
the Assistant Head noted that the Council had adopted the policies of the Local
Development Plan and that these were consistent with and corresponded with the
mineral policies. He added that this land had been designated for gravel and
that no objections had been received.
RESOLVED: To delegate powers to the Head of Environment
Department to approve the application, subject to conditions relating to the
following:
1. 5
years
2. Duration
of works - 10 years at a rate of 125,000 tonnes per annum
3. In
accordance with plans
4. Restriction of GPDO rights for
buildings, structures, private roads, floodlighting, fencing etc.
5. A copy of the determination and
approved plans to be shown at the site office.
6. Restriction of 125,000 tonnes per annum
on material removed from site, at a maximum rate of twenty-five (25) HGV loads
per day.
7. Surface of site access to county
highway to be kept clean and no mud/debris to be deposited on highway.
8. No materials (refuse or waste
materials) shall be imported to the site.
9. Mark
the boundary of site and mineral extraction zones.
10. Working hours. No operations on Saturdays,
Sundays or Bank Holidays or Public Holidays other than emergency, servicing and maintenance work.
11. All loaded vehicles must be sheeted or
treated to avoid emission of dust.
12. Record
of traffic.
13. No
processing on site.
14. Noise limits and noise limits in relation
to temporary operations.
15. Noise
mitigation measures.
16. Acoustic
fencing retained and bunding retained.
17. Vegetation,
topsoil, subsoils to be stored in acoustic screening bund.
18. Noise
monitoring.
19. Air
quality limits and air quality monitoring.
20. Dust suppression measures and updated
dust monitoring and control scheme.
21. Boundary
of mineral extraction area to be temporarily fenced.
22. Groundwater
monitoring.
23. Submission of detailed written scheme of
investigation for archaeological work.
24. Submission of detailed analytical report
of the archaeological work in accordance with the written scheme of
investigation.
25. Restoration
plan.
26. Storage/management
of soils.
27. No
soils to be removed from site, and the soil to be used in site restoration.
28. Soil
storage mounds to be kept free from weeds.
29. Submission
of restoration and 5-year aftercare plan.
30. Restoration
in accordance with the 5-year aftercare and monitoring plan.
31. Ripping
of ground to avoid compaction.
32. Correct
sequence and spread of soils in restoration.
33. Conduct
chemical analysis of soils during restoration.
34. No
livestock to be kept until land is of an acceptable condition.
35. Annual
review of operations and aftercare.
36. Revised scheme of restoration to be
submitted to the LPA in the event of premature cessation of
mineral extraction for a period of 12 months.
37. Mitigation
measures for badgers, breeding birds, reptiles.
38. Restriction
on removal of vegetation during bird nesting season.
39. Reasonable avoidance measures to protect
reptiles during demolition of walls and field boundaries.
40. Pollution
prevention measures.
41. Collection and disposal of water to
restrict what is released to water environment.
42. Compliance
with surface water management plan.
43. A
condition to identify the site by its Welsh name.
Supporting documents:
PDF 479 KB