Agenda item

Application under Section 73 for variation of condition 2 of planning permission reference C20/1064/22/AC 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.

Conditions:

·        Written notice shall be given to the Mineral Planning Authority at least 14 days before: i. The commencement of restoration works on any part of the land within the permitted area following the cessation of use as an ancillary silting facility for any of the three lagoons indicated on the application plans.

·        The permitted use of the site as an ancillary silting lagoon shall cease by 31 December 2028; restoration shall be completed thereafter by 31 December 2029 or upon cessation of operations, whichever is the sooner.

·        Permitted Operations and Compliance with the Submitted Details/Plans.

·        Restriction on Permitted Development Rights, buildings, structures, erections, private ways, floodlighting and fences.

·        Hours of operation.

·        Soil handling and husbandry.

·        Safeguarding of public rights of way.

·        Noise restrictions to match existing, plant and machinery to be fitted with white noise alarms.

·        Restore to mixed agricultural use and nature conservation,

·        No oil, fuel, chemicals to be stored within the application site.

·        Drainage, measures to prevent pollution of local watercourses.

·        Aftercare measures for agricultural uses and biodiversity management.

·        Revised restoration scheme in the event of premature mineral extraction.

·        Ripping of ground base material to avoid surface compaction and achieve adequate drainage.

·        Minimum subsoil and topsoil depths.

Application under Section 73 to amend condition 2 of planning permission ref. C20/1064/22/AC to allow for a four-year extension to complete the minerals operations and restoration.

Attention was drawn to the late observations form.

a)     The Senior Minerals and Waste Planning Officer highlighted that the application sought an extension of the operating period of the silting lagoons associated with the processing plant of the sand and gravel that was excavated from the quarry. The working methods and processes would be the same as those currently used in the quarry.

In the context of the principle of the development, it was noted that continued excavation for sand and gravel at Cefn Graianog would ensure that the Council meets its allocation implications 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 noted that there were only a few permitted sand and gravel reserves available in north west Wales and that this proposal would mean a continuation in the provision of sand and gravel supply to the local construction economy. It was expressed that the preservation of the silting lagoons was essential for the processing, washing and sorting of the material; it was acceptable and consistent with the requirement of the Local Development Plan (LDP) policies MWYN 2, MWYN 3 and Strategic Policy PS 22 of the Local Development Plan (LDP)

In the context of visual amenities and the landscape, it was explained that this application was specifically for extending the period of development and did not include any extension or physical modifications to the already approved working area. The nature of the proposal to extend the lifespan of the operations would undoubtedly extend the visual effects in the medium term but given its general context in an established mineral working, it was not considered that it would result in any major levels of visual effects. It was highlighted that the boundary of the Llŷn AONB was close to the site, but confirmation was received from the AONB Unit that there were no concerns about the impact on the AONB given that this was only a limited time extension; the Mineral Planning Authority considered that the proposal complied with the requirements of policies PCYFF 3, PCYFF 4 and MWYN 9 in the LDP.

In considering residential amenities, it was noted that one individual property was located within the 100m buffer zone as prescribed under policy MWYN 5 in the LDP. The development would be subject to the same working conditions as pre-existing ones, including the management of noise, dust and working hours; subject to appropriate conditions to control the effects of noise and dust and working hours, 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 transportation to and from the site.

It was explained that an updated biodiversity assessment had been completed to support the associated applications that had been submitted for extending the time of the quarry's various permits. It was also explained that there had been a need to assess whether there had been any change to these habitats since the previous ecological surveys were carried out and 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; the development was acceptable with appropriate mitigation conditions and measures and in accordance with Strategic Policy PS 19 and policies AMG 3, AMG 5, MWYN 3 and MWYN 9 in the LDP.

In the context of hydrology issues, the main purpose of the closed system of lagoons was to supplement the existing water management infrastructure to ensure adequate capacity to manage all quarry water on site, i.e. as a self-sustaining system. It was considered that the proposed development would have no adverse effect on hydrological characteristics and flood risk and would comply with the requirements of Strategic Policy PS 19 and policies AMG 3, AMG 5, PCYFF 2, PCYFF 3, PCYFF 6 and MWYN 3 in the LDP.

Officers considered that the proposed development was consistent with all relevant planning policies and considerations and recommended that the application be granted with appropriate 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.

Conditions:

·        Written notice shall be given to the Mineral Planning Authority at least 14 days before:  i. The commencement of restoration works on any part of the land within the permitted area following the cessation of use as an ancillary silting facility for any of the three lagoons indicated on the application plans.

·        The permitted use of the site as an ancillary silting lagoon shall cease by 31 December 2028, restoration shall be completed thereafter by 31 December 2029 or upon cessation of operations, whichever is the sooner.

·        Permitted Operations and Compliance with the Submitted Details/Plans.

·        Restriction on Permitted Development Rights, buildings, structures,  private roads, floodlighting and fences.

·        Hours of operation.

·        Soil handling and husbandry.

·        Safeguarding of public rights of way.

·        Noise restrictions to match existing, plant and machinery to be fitted with white noise alarms.

·        Restore to mixed agricultural use and nature conservation,

·        No oil, fuel, chemicals to be stored within the application site.

·        Drainage, measures to prevent pollution of local watercourses.

·        Aftercare measures for agricultural uses and biodiversity management.

·        Revised restoration scheme in the event of premature mineral extraction.

·        Ripping of ground base material to avoid surface compaction and achieve adequate drainage.

·        Minimum subsoil and topsoil depths.