Agenda item

Application under Section 73 for variation of condition 1 of planning permission reference C20/1063/22/AC (proposed eastern extension for the extraction for the extraction of sand and gravel and progressive restoration) to allow for 4-year extension for the completion of minerals operations and restoration.

Local Member: Councillor Dafydd Davies

Link to relevant background documents

DECISION: To delegate the right to the Head of Environment Department to approve the application, subject to conditions

1.     Extraction of minerals shall cease by 31 December 2028 by which time all plant and machinery shall have been removed from the site; restoration work shall be completed by 31 December 2039

2.     Restriction on permitted development rights, buildings, structures, erections, private roads, floodlighting and fences

3.     Mitigation measures for potential impacts on wells north of extraction area

4.     Mitigation measures for local biodiversity, badgers, breeding birds and reptiles 

5.     Permitted activities and Compliance with Submitted Details/Plans

6.     Hours of Working

7.     Safeguarding public rights of way

8.     Soil handling and husbandry

9.     Drainage, measures to prevent pollution of local watercourses 

10.  Restore to mixed agricultural use and nature conservation

11.  Reinstatement of field boundaries

12.  Micro-adjust restoration levels to ensure surface water flow into the wetland northward of the application area

13.  Archaeological mitigation and recording

14.  Aftercare measures for agricultural uses and biodiversity management

15.  Dust controls and noise limitations the same as existing but also, plant machinery at the working face to be fitted with white noise alarms.

Application under Section 73 to amend condition 1 of planning permission reference C20/1063/22/AC (Proposed eastern extension for sand and gravel extraction and progressive restoration) to allow a four-year extension for the completion of minerals operations and restoration.  

a)           The Planning Manager highlighted that it was an application for a four-year extension to complete mineral operations and restoration works at Cefn Graianog. It was explained that the application site was on the eastern flank of the main extraction area, approximately 530m from the Llŷn AONB to the west and Eryri National Park approximately 1,500m to the south-east. It was reiterated that the site contained previously restored land, but the land was revisited to rework minerals that had previously been considered uneconomic, but also to enable the same extraction scheme to access further deposits, by extending eastwards.

It was noted that the working methods would be the same as those currently used in the quarry and would use the same extractors, conveyors and other mobile plant as the existing.

In terms of the principle of development, continuation of sand and gravel mining at the site would ensure that the Council meets its allocation obligations in the Regional Technical Statement, to supply minerals for the North Wales sub-region and maintain a seven-year land bank of sand and gravel.  It was highlighted that there were only a few permitted sand and gravel reserves available in North West Wales and this proposal would ensure a vital supply of sand and gravel to the local construction economy; the principle of the development was acceptable and in line with the requirements of the LDP's policies MWYN 2, MWYN 3 and Strategic Policy PS 22.

In the context of visual amenities and the landscape, it was reported that the application did not include any extension or physical modifications to the working area that had already been approved. It was undoubtedly considered that the nature of the proposal to extend the lifespan of the operations would extend the visual impacts in the medium term, but given its overall context in established mineral works, it would not result in any major levels of visual effects. Although the boundary of the Llŷn AONB is close to the site, the AONB Unit had confirmed that there were no concerns about the impact on the AONB given that this was only a request for a limited time extension. The Minerals Planning Authority considered that the proposal complied with the requirements of the LDP's policies PCYFF 3, PCYFF 4 and MWYN 9.

In considering residential amenities, it was noted that no sensitive properties were located within a 100m buffer zone of the development, and it would be subject to the same working conditions as the current conditions, including noise management, dust control and working hours. It was considered that the loading of the hopper and conveyor would be the most intrusive source of noise on the surface of the works as the plant machinery operated in an elevated position in relation to the surrounding ground level. Subject to appropriate conditions to control the effects of noise and dust and working hours, it was considered that the proposal would not have an adverse effect on the amenities of the area and therefore complied with policies PCYFF 2, MWYN 3 and MWYN 5 in the LDP.

The proposal did not include any change to traffic movements and haulage to and from the site and the officer highlighted the updated biodiversity assessment which was supportive of the request to extend the time. All existing habitats at the site had been considered and whether there had been any change to these habitats since the previous ecological surveys were carried out. It was recommended that the requirements to implement the reasonable avoidance measures to protect badgers and reptiles during any field boundary clearance or soil stripping works were maintained. Mitigation measures for reptiles required having a qualified ecologist present when removing stone walls before undertaking any soil stripping and/or mineral extraction work. Any reptiles found by the ecologist would be immediately captured and relocated to suitable reception sites outside the planned extraction area, but in the area of land under the applicant's control; the development was acceptable with the appropriate conditions and mitigation measures and was in line with Strategic Policy PS 19 and Policies AMG 3, AMG 5, MWYN 3 and MWYN 9 of the LDP.

In the context of Hydrology, it was clarified that mitigation measures for the protection of watercourses, streams and wetlands had already been submitted and assessed as required under condition 36 of the parent company permission (C16/0816/34/MW). It was considered that the proposed development would have no adverse effect on hydrological features and flood risk and would comply with the requirements of the LDP's Strategic Policy PS 19 and policies AMG 3, AMG 5, PCYFF 2, PCYFF 3, PCYFF 6 and MWYN 3.

The officers considered the proposed development to be consistent with all relevant planning policies and considerations and recommended that the application be approved with conditions.

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

RESOLVED: To delegate the right to the Head of Environment Department to approve the application, subject to conditions.

1.     Extraction of minerals shall cease by 31 December 2028 by which time all plant and machinery shall have been removed from the site; restoration work shall be completed by 31 December 2039.

2.     Restriction of permitted development rights, buildings, structures, erections, private roads, floodlighting and fences.

3.     Mitigation measures for potential impacts on wells north of the extraction area.

4.     Mitigation measures for local biodiversity, badgers, breeding birds and reptiles. 

5.     Permitted activities and Compliance with Submitted Details/Plans.

6.     Hours of Working.

7.     Safeguarding public rights of way.

8.     Soil handling and husbandry.

9.     Drainage, measures to prevent pollution of local watercourses. 

10.  Restore to mixed agricultural use and nature conservation.

11.  Reinstatement of field boundaries.

12.  Micro-adjust restoration levels to ensure surface water flow into the wetland northward of the application area.

13.  Archaeological mitigation and recording.

14.  Aftercare measures for agricultural uses and biodiversity management.

15.  Dust controls and noise limitations the same as existing but also, plant machinery at the working face to be fitted with white noise alarms.