Agenda item

Application under Section 73 for variation of condition 2 of planning permission reference C20/1065/22/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

 

·        Mineral extraction and processing will cease by 31 December 2028 by which time all plant and machinery shall have been removed from the site; restoration shall be completed by 30 June 2029.

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

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

·        Working Hours.

·        Soil Handling and Husbandry.

·        Drainage, measures to prevent pollution of local watercourses.

·        Annual review of operations.

·        Safeguarding of public rights of way.

·        Restore to mixed agricultural use and nature conservation

·        Reinstatement of field boundaries.

·        Aftercare measures for agricultural uses and biodiversity management.

·        Dust controls and noise restrictions to match existing, plant machinery at the working face to be fitted with white noise alarms.

·        Archaeological mitigation and recording.

·        Sheeting of lorries leaving site with stone less than 500mm.

·        Restrict vehicular access to existing access arrangements.

·        No refuse or waste materials to be imported to site.

·        The principal means of transporting raw material from the working face to the processing plant shall be by means of a conveyor unless otherwise agreed.

 

An application under Section 73 to amend condition 2 of planning permission ref. C20/1065/22/AC to allow 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 Officer highlighted that the proposal sought to extend the time period until 31 December 2028 to continue with the minerals operation at Fferm Graianog. He explained that this would ensure the non-sterilisation of the mineral reserve and complete the restoration of the site in accordance with the permitted scheme of working and provide ancillary infrastructure in support of proposals to extract and process minerals from the quarry. The proposal did not include extending the actual footprint of the minerals operation only an extension of time for another four years. Plant activities, processing, dispatch and extraction of minerals would be contained entirely within the boundaries of the existing site and in accordance with the terms of conditions attached to the current planning consent.

 

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

 

In the context of the principle of development, it was noted that the continuation of sand and gravel excavation 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 explained that there are only a few permitted sand and gravel reserves available in north west Wales and that this proposal would involve continuing to provide a supply of sand and gravel to the local construction economy; the principle of development was acceptable and consistent with the requirements in policies MWYN 2, MWYN 3 and Strategic Policy PS 22 in the LDP.

 

In the context of visual amenities and the landscape, it was noted that the application was specifically for the extension of the development period and therefore did not include any extension or physical alterations to the work area which has already been approved. 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 works, 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 is located within the 100m buffer zone as prescribed under policy MWYN 5 in the LDP. The development will be subject to the same working conditions as pre-existing ones, including the management noise, dust and working hours; subject to appropriate conditions to control the effects of noise and dust and working hours, the proposal will not have an adverse effect on the amenities of the area and therefore complies with the policies PCYFF 2, MWYN 3 and MWYN 5 in the LDP.

 

The proposal does 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 clarified that there had been a need to assess whether there had been any change to these habitats since the previous ecological surveys had been 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 is in line with Strategic Policy PS 19 and policies AMG 3, AMG 5, MWYN 3 and MWYN 9 in the LDP.

 

In the context of hydrology matters, it was noted 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 consent (C16/0816/34/MW). The working site, stockpiling area and the lagoons would continue to operate in accordance with an Environmental Permit and the closed loop water management system will be used, as approved under planning permission C15/0299/34/MW which was the subject of application 5.1. 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 in the LDP.

 

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

 

b)           It was proposed and seconded to approve the application

 

c)           During the ensuing discussion, the following comments were noted by a Member:

·        That reference to maintaining a 7-year land bank of sand and gravel also applied to nearby Llecheiddior Farm

RESOLVED:⁠

To delegate the right to the Head of Environment Department to approve the application.

 

Conditions

 

·        Mineral extraction and processing will cease by 31 December 2028 by which time all plant and machinery shall have been removed from the site; restoration shall be completed by 30 June 2029.

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

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

·        Working Hours.

·        Soil Handling and Husbandry.

·        Drainage, measures to prevent pollution of local watercourses.

·        Annual review of operations.

·        Safeguarding of public rights of way.

·        Restore to mixed agricultural use and nature conservation.

·        Reinstatement of field boundaries.

·        Aftercare measures for agricultural uses and biodiversity management.

·        Dust controls and noise restrictions to match existing, plant machinery at the working face to be fitted with white noise alarms.

·        Archaeological mitigation and recording.

·        Sheeting of lorries leaving site with stone less than 500mm.

·        Restrict vehicular access to existing access arrangements.

·        No refuse or waste materials to be imported to the site.

·        The principal means of transporting raw material from the working face to the processing plant shall be by means of a conveyor unless otherwise agreed.