Agenda item

Application Under Section 73 of the Town and Country Planning Act to Vary Condition 2 on Planning Permission C04A/0771/12/MW (Removal of Material from a Mineral Working Deposit) to Allow a 2-Year Extension for the Completion of Minerals Operations up until 31/12/2022, With Final Restoration Completed by 31/12/2023

LOCAL MEMBER: Councillor Edgar Owen

Link to relevant background documents

DECISION: To delegate powers to the Head of the Environment Department to refuse the application

Reasons:

1.     The application has not provided a sufficient restoration and after-care plan as requested in criterion 10 of policy MWYN 3 and policy MWYN 9 and therefore, it is not possible to disregard the detrimental impact of the development on visual amenities and the Special Landscape Area, contrary to policies PCYFF 3 and AMG 2 of the JLDP.

2.     No Welsh Language Statement has been submitted in accordance with policy PS1 of the JLDP.

Hafod Y Wern, Waunfawr, Caernarfon, Gwynedd, LL54 7AQ

Application under Section 73 of the Town and Country Planning Act to Vary Condition 2 of Planning Permission C04A/0771/12/MW (Move Material from Mineral Working Deposits), to Approve a Two-Year Extension to Complete the Minerals Work up to 31/12/2022, with Final Restoration to be Completed by 31/12/2023.

a)    The Senior Minerals and Waste Officer highlighted that the current permission was for the removal of slate waste from mineral works deposits at Hafod y Wern quarry, Betws Garmon, near the village of Waunfawr. ⁠ ⁠

In the context of the principle of the proposal, it was noted that Policy MWYN 3 supported mineral developments, subject to compliance with a series of criteria, with criterion 10 requiring that "The proposal includes a scheme for the after-use of the site and details of the restoration and after-care required to achieve it in accordance with Policy MWYN 9". Policy MWYN 9 states that applications for mineral works will be refused unless a restoration, after-care and after-use plan is submitted. It was reiterated, in addition to the requirements of this policy, that the current planning permission was the subject of a condition which asked for the introduction of a restoration and after-care strategy within a year of the permission.⁠ Despite the authority making many requests for the information, the applicant has not provided a restoration and after-care plan and therefore the application is contrary to criterion 10 of policy MWYN 3 and policy MWYN 9.

When considering the visual amenities and the landscape, reference was made to policies PCYFF 3, AMG 2, MWYN 3 and MWYN 9 of the LDP, which were relevant policies in relation to the visual impact and the landscape. It was noted, in the absence of adequate restoration and after-care proposals for the site after the disposal of mineral waste ceased, the Minerals Planning Authority could not be certain that the appearance of the site would not have a detrimental impact on visual amenities and the Special Landscape Area and, subsequently, it did not comply with policies PCYFF 3, AMG 2, MWYN 3 and MWYN 9 of the LDP.

In the context of residential amenities, the proposal did not include any changes to the working arrangements permitted for the site, and it was not considered that extending the duration of the development would have a detrimental impact on the area's amenities, therefore it complied with the requirements of policy PCYFF 2. However, this did not overcome the refusal reasons relating to the principle of the development.

In the context of highways, the proposal would not change the arrangements of the vehicular access or traffic deriving from the development and the local highways authority had confirmed that they did not have an objection to extending the development; therefore, it was considered to comply with policy TRA 4, but it was emphasised that this did not overcome the refusal reasons based on the principle of the proposal.

When considering Ecology matters, it was reported that the Local Authority ecologist had confirmed that there was no complete objection to extending the development, but concerns were highlighted about the lack of restoration and monitoring plan for non-native intrusive species. It was reiterated that the monitoring plan deficit for non-native invasive species could be ensured via condition should the application be approved, but this is not yet sufficient to overcome the matters of principle.

In the context of the Welsh language, it was noted that the applicant had not provided a Welsh Language Statement despite the Authority's numerous requests and therefore, it did not comply with policy PS 1 of the LDP.

The officers recommended refusing the application due to a lack of adequate restoration and after-care proposals needed under policies MWYN 3 and MWYN 9 for any minerals development.

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

·        That he agreed with the content of the report

·        That he agreed with the recommendation

c)               It was proposed and seconded to approve the application.

ch)      During the ensuing discussion, a comment was made by a member, questioning why the recommendation was to refuse considering that the quarry industry had maintained the workforce, and that pride should be felt that some sites continued. In response, another Member noted that more information was needed before the principle was progressed.

RESOLVED: To delegate powers to the Head of the Environment Department to refuse the application.

Reasons:

1.     The application has not provided a sufficient restoration and after-care plan as requested in criterion 10 of policy MWYN 3 and policy MWYN 9 and therefore, it is not possible to disregard the detrimental impact of the development on visual amenities and the Special Landscape Area, contrary to policies PCYFF 3 and AMG 2 of the JLDP.

2.      

3.     No Welsh Language Statement has been submitted in accordance with policy PS 1 of the JLDP.