Agenda item

Application under Section 73 to vary conditions 2, 5 and 37 of planning permission reference C12/0495/36/MW so as to extend the period for the winning and working of mineral up to 31/12/2030 and restoration of the site by 31/12/2031, increase annual output of material from the site to 100,000 tonnes at an average rate of 14 loads per day and use material that has not derived from the operations permitted on site as part of the restoration plan.

 

LOCAL MEMBER: Councillor Stephen Churchman

 

Link to relevant background documents

 

DECISION: To delegate powers to the Head of Environment Department to approve the application, with conditions. Please note that Condition 1 of planning permission C12/0495/36/MW, which requires the development to commence within five years, is no longer relevant as the development has already commenced.

 

1.     The extraction of mineral waste and ancillary operations shall cease by 31/12/2030. Restoration of the site by 31/12/2031.

2.     In accordance with the approved plans.

3.     Maintenance of access road.

4.     No more than 100,000 tonnes of material per annum shall be removed from site at an average rate of no more than 14 loads per day.

5.     Shrub and tree planting prior to extraction in Phase 4.

6.     Maintenance of shrubs and trees planted (con 5.)

7.     Prior written notice of; commencement of development, passing bays, drainage works, soil strip, overburden removal, mineral extraction, restoration.

8.     In accordance with approved details and plans.

9.     Boundary of extraction area marked.

10.  Restoration and aftercare in accordance with approved details.

11.  Restriction on Parts 19 and 21 of the GPDO.

12.  Working hours.

13.  Annual formal review of operations.

14.  Noise restrictions.

15.  Notification of temporary works that may exceed noise restrictions.

16.  Annual noise monitoring.

17.  White noise reversing alarms fitted to mobile plant and vehicles.

18.  All vehicles, plant and machinery to be operated in accordance with manufacturer's specifications and fitted with appropriate sound deadening screens, caseworks, silences, etc.

19.  Areas traversed by vehicles to be watered or treated to prevent fugitive dust.

20.  Water drainage system in accordance with approved plans.

21.  Drainage system to collect and dispose of all water entering or arising on the site.

22.  Oil, fuel, lubricants, paint, solvents or any other chemicals on site to be stored in suitably bunded area to restrict contamination.

23.  Hydrogeological Impact Appraisal to be submitted in the event of encountering groundwater.

24.  Survey of Invasive Species and treatment.

25.  Works in Phases 3 & 4 to be undertaken in accordance with Archaeological Specification.

26.  Access afforded to archaeologists to undertake archaeological mitigation and recording and written report submitted to the Planning Authority.

27.  No plant or vehicles shall cross any area of un-stripped ground except where such traffic is essential and unavoidable for the purposes of undertaking permitted operations.

28.  All topsoil and subsoil identified shall be conserved in accordance with the development proposals described in the approved details.

29.  All vegetation, topsoil and subsoil stripped from each phase of working and areas affected by excavations, storage areas, building works, hardstandings and other construction, including temporary access roads and vehicle haulage routes, shall be stored in areas set aside for that purpose which shall have been agreed beforehand in writing by the Mineral Planning Authority.

30.  All topsoil and subsoil stripped and stored in accordance with the above condition shall be employed in works of restoration and no such materials shall be removed from the site without the prior written permission of the Mineral Planning Authority.

31.  Topsoils shall be kept in storage mounds to a maximum height of 2m, with subsoils and overburden thereafter kept in separate storage mounds and prevented from mixing.

32.  At least 48 hours’ notice in writing of the date on which any soil stripping operations are to commence on any part of the land within the permitted area shall be given to the Mineral Planning Authority. Soil shall only be moved when in a dry and friable condition and when ground conditions are dry.  ⁠

33.  Topsoil and subsoil storage mounds and those parts of the site where stripping of topsoil and subsoil is not undertaken shall be kept free from weeds / competitive vegetation and all necessary steps shall be taken to destroy weeds at an early stage of growth to prevent seeding.

34.  All replacement field boundaries shall be in the form of dry-stone walls and earth banks constructed with materials derived or recovered from the existing field boundaries at Llecheiddior Uchaf and Llecheiddior Ganol.

35.  Reasonable avoidance measures shall be employed during the demolition of field boundaries and dry-stone walling to ensure that reptiles will be protected.

36.  Only mineral waste arising from the extraction operations at Llecheiddior, including material transported to and processed at Bryncir Quarry under planning permission C09D/0375/36/LL, shall be deposited within the site for the purpose of restoration. No refuse, general waste, or inert waste materials from any external sources shall be imported to the site. Soils or soil‑forming materials may be used solely for restoration purposes, and only where their suitability as a growing medium has been agreed in writing in advance by the Local Planning Authority. The total volume of material deposited shall not exceed that required to achieve the approved restoration contours. The operator shall maintain a detailed record of all mineral waste and soil material imported to or exported from the site, including origin, destination, volume, and purpose. A summary of these records shall be submitted to the Local Planning Authority at six‑monthly intervals, or at such other frequency as agreed in writing by the Authority.  ⁠ ⁠ ⁠ ⁠ ⁠ ⁠

37.  Unless otherwise agreed in writing, at least 3 months prior to the intention to replace soils on any part of the area to be restored to an agricultural after use, the operator shall submit for the approval of the Mineral Planning Authority a plan showing the final contours to be achieved in the scheme of restoration.

38.  Progressive and even re-spreading of the overload shall be carried out during the period of mineral working.

39.  In the event of the premature cessation of mineral extraction on any given phase of the development, a revised scheme for the restoration of the site shall be submitted for the approval of the Mineral Planning Authority to include a plan showing the final contours to be achieved in the scheme of restoration.

40.  Following the formation of the final landform to the approved contours, the base material or original ground shall be comprehensively ripped to a minimum depth of 50cm to break up any surface compaction before any soil material is spread.

41.  The soil material (topsoil and subsoil) set aside for use in the agricultural restoration shall be spread uniformly and in correct sequence over the base material, and shall, where necessary, be rooted and scarified to full depth without causing mixing between different soil layers. A minimum soil depth of 280mm (110mm subsoil, 170mm topsoil) above the base material shall be provided over all areas.

42.  All base material ripping, soil spreading and cultivation operations shall be carried out in such a manner as to minimise compaction.

43.  Any part of the site restored for agricultural purposes which is subject to localised settlement, and which adversely affects the agricultural after use shall be re-graded including the re-construction of the soil profile to approved specification.

44.  The site shall be brought to the required standard for agricultural use.  

45.  Submission of an aftercare scheme.

46.  Chemical analysis after replacement of topsoil.

47.  Chemical analysis repeated in 1st and 4th years of aftercare.  ⁠⁠

48.  ⁠The land shall be managed in accordance with the rules of good husbandry and in compliance with the guidance outlined in Annex B, Minerals Technical Advice Note (Wales) 1: Aggregates. ⁠ ⁠

49.  No livestock shall be kept on the land unless otherwise agreed in writing by the Mineral Planning Authority.

50.  All the land within the site which has been excavated, used for soil storage or roads or has been traversed by heavy plant, shall be provided with an adequate water supply and land drainage facilities, including watercourses, field ditches and piped underdrainage system, if considered by the Mineral Planning Authority to be essential in the satisfactory restoration of the site.  

51.  Ensure that there is a cover on the back of the lorries.

 

Note:

Ensure a road conditions maintenance agreement

Application under Section 73 to vary conditions 2, 5 and 37 of planning permission reference C12/0495/36/MW so as to extend the period for the winning and working of mineral up to 31/12/2030 and restoration of the site by 31/12/2031, increase annual output of material from the site to 100,000 tonnes at an average rate of 14 loads per day and use material that has not derived from the operations permitted on site as part of the restoration plan.

 

Attention was drawn to the Late Observations Form

 

a)           The Senior Planning Officer - Minerals and Waste highlighted that this was an application to vary conditions on an existing permission for a sand and gravel quarry near Bryncir which was located on previous agricultural land and continued to be restored to agricultural use. It was reported that the mineral was not processed on the site itself but at Bryncir Quarry nearby. Although the development came within the categories of Schedule 2 of the Environmental Impact Assessment (EIA) Regulations, it was concluded that the potential impacts were not significant enough to require an EIA.

 

In terms of the principle of the development, it was noted that the application included extending the life of the quarry, increasing the annual output, more traffic movements, and approving the use of external materials for restoration. Extending the implementation period to 2030 would be in accordance with the JLDP and Policy PS 22, which demanded maintaining a sufficient land bank of sand and gravel. It was noted that Planning Policy Wales (PPW) also emphasised the need to ensure a sustainable supply of minerals when protecting the environment and people's well-being and ensure a high standard of site restoration. It was elaborated that the Regional Technical Statement (RTS) noted a deficit in the sand and gravel supply in Gwynedd (6.7 years of land bank instead of the 7-year requirement), emphasising the need to maintain and increase the supply. It was considered that the proposal was acceptable as it would help to maintain an essential supply of sand and gravel to the local construction economy and contribute to the regional requirements that would otherwise be lost.

 

In the context of the landscape and visual amenities, it was reported that the relevant policies required that the impact on the landscape and visibility were assessed. Although extending the life of the quarry would extend these impacts over a longer period, it was not considered that it would create significant additional impacts as the site was already operational. ⁠It was elaborated that restoring the site had been successful to date, with the land mainly returning to agricultural use and integrating well with the landscape. Amendments to condition 37 would approve more flexibility when restoring by approving importing suitable material, but under strict management and advanced approval. This would ensure that unsuitable waste was not deposited and the development did not change its nature. Additionally, asking to keep a record of the movements of materials would ensure transparency and effective monitoring. It was considered that the changes would not have an additional significant impact on the landscape, and the proposal complied with the relevant planning policies.

 

In considering residential amenities, it was noted that Policy MWYN 3 demanded that extensions to mineral sites should not cause unacceptable harm to residential amenities, such as noise, dust, vibration, light or traffic. Although there was one property within 100m to the site, the nearest areas had already been excavated and restored, and the remaining work was outside the recommended buffer distance. Attention was drawn to the transport assessment which showed that there would be an average of approximately 14 HGV loads a day (maximum 28), which was in accordance with the existing permission and therefore there would not be a general increase in traffic. The haul route would remain the same. Given that the site already operated without significant problems, and with appropriate conditions to manage noise, dust and work hours, it was considered that the proposal would not harm local amenities and it would comply with the relevant policies.

 

In the context of transport matters, it was noted that the application included increasing the annual output from 50,000 to 100,000 tonnes but only Stage 4 of the site remained, with approximately 347,000 tonnes of resources available. No objection was submitted from the highways authority, and it was considered that the road network was sufficient to deal with the traffic; the application was acceptable in terms of transport and complied with the relevant policy.

 

In terms of hydrology matters, it was highlighted that the application did not change the current hydrological arrangements and, although a new Technical Advice Note (TAN 15) had been published in 2025, the application had to be assessed according to the 2004 version because of the application submission date. It was explained that small parts of the site were in a flood zone, but no concerns were raised from statutory consultees; it was considered that the development would not increase the flooding risk or have a harmful impact on hydrological features.

 

The site is in an agricultural area with nearby biodiversity sites, which included a Candidate Wildlife Site and the Llystyn Gwyn Site of Special Scientific Interest.  However, the application was under Section 73 and did not change the work area, the operational methods or the existing restoration plan; the existing hydrological and ecological conditions continued in form and provided sufficient safeguarding measures, including monitoring requirements and stand-off from the water table. There would be no loss of additional habitat or significant new risks, and the existing arrangements to prevent pollution and protect watercourses remained relevant. Consequently, it was considered that there was no need for further ecological measures and the proposal complied with the relevant planning policies.

 

An archaeological assessment was submitted with the original application, and the necessary archaeological work had already been approved and continued to be implemented. It was elaborated that the existing framework provided suitable mitigation measures for any impacts on archaeological heritage; there was no need for further changes, and the proposal complied with Policy AT 4 of the LDP.

 

In the context of Welsh Language matters, a Welsh Language Statement was submitted with the application. The proposal does not create new jobs or expand the site but adapt an existing permission and therefore it was not likely to have a negative impact on the Welsh language, as the current workforce would continue on a site that was already established. From an economic perspective, the development was important to maintain a mineral supply and make a significant supply to the local economy and employment, and when supporting local communities and the use of the Welsh language.

 

Reference was made to the relevant Planning history, reporting that a delay before making a decision derived mainly from an unauthorised development on the site. In 2023, it was discovered that waste that did not derive from the site was excavated at Stage 3, and that was contrary to the conditions of the planning permission. It was confirmed that the material came from Bryncir Quarry and was therefore unauthorised from a planning perspective. It was considered that a retrospective consent was unlikely, but due to the inert nature of the material, it did not pose a significant environmental risk. The material was allowed to stay in its place because moving it could cause more harm. Any decision on the existing application would have to comply with NRW requirements and would not disrupt site regulation.

 

It was considered that the application was acceptable as it did not create additional unacceptable impacts and complied with the relevant planning policies. The officers recommended to approve with conditions.

 

b)           The Local Member was not present but had provided observations during the consultation period. Those observations were shared with the Assistant Head of Department.

·        That he shared the concerns of the residents

·        That he acknowledged that employment opportunities continued because of continuing to operate the quarry

·        Concern about the size of the vehicles, the size of the load, the increase in loads and the material that was lost on the pavement / road

·        Extending the extraction period to 2030 was unacceptable to residents because of the continuous impact on residential amenities

·        He was unable to support the application as submitted, but should the Committee decide to approve the application, that would be subject to conditions that would overcome the concerns.

 

c)           It was proposed and seconded to approve the application

 

d)           During the ensuing discussion, the following observations were made by Members:

·        In accordance with the Community Council observations, there was a need to ensure that the road and the pavement were regularly cleaned

 

In response to the observation, the Assistant Head noted that the company had been sweeping the roads over the years, but it was not possible to say for certain that this quarry was mainly responsible. ⁠It was added that there was a formal arrangement to address the matter hand in hand with the Highways Unit's responsibilities and there was no right to enforce this within the planning procedure. He had not objection to imposing a note to encourage a maintenance agreement arrangement and a standard condition for quarries was included. In response to an ancillary question regarding monitoring the maintenance work, it was noted that this was done formally once a year, but should complaints be received from residents, the Department would contact the company. It was noted that the Local Member also contacted and shared complaints with the company.

 

RESOLVED: To delegate powers to the Head of the Environment Department to approve the application, with conditions. Please note that Condition 1 of planning permission C12/0495/36/MW, which requires the development to commence within five years, is no longer relevant as the development has already commenced.

 

1.              The extraction of mineral waste and ancillary operations shall cease by 31/12/2030. Restoration of the site by 31/12/2031.

2.              In accordance with the approved plans.

3.              Maintenance of access road.

4.              No more than 100,000 tonnes of material per annum shall be removed from site at an average rate of no more than 14 loads per day.

5.              Shrub and tree planting prior to extraction in Phase 4.

6.              Maintenance of shrubs and trees planted (con 5). 

7.              Prior written notice of; commencement of development, passing bays, drainage works, soil strip, overburden removal, mineral extraction, restoration.

8.              In accordance with approved details and plans.

9.              Boundary of extraction area marked.

10.            Restoration and aftercare in accordance with approved details.

11.            Restriction on Parts 19 and 21 of the GPDO.

12.            Working hours.

13.            Annual formal review of operations.

14.            Noise restrictions.

15.            Notification of temporary works that may exceed noise restrictions. 

16.            Annual noise monitoring.

17.            White noise reversing alarms fitted to mobile plant and vehicles. 

18.            All vehicles, plant and machinery to be operated in accordance with manufacturer's specifications and fitted with appropriate sound deadening screens, caseworks, silences, etc.

19.            Areas traversed by vehicles to be watered or treated to prevent fugitive dust.

20.            Water drainage system in accordance with approved plans.

21.            Drainage system to collect and dispose of all water entering or arising on the site.

22.            Oil, fuel, lubricants, paint, solvents or any other chemicals on site to be stored in suitably bunded area to restrict contamination.

23.            Hydrogeological Impact Appraisal to be submitted in the event of encountering groundwater.

24.            Survey of Invasive Species and treatment.

25.            Works in Phases 3 & 4 to be undertaken in accordance with Archaeological Specification.

26.            Access afforded to archaeologists to undertake archaeological mitigation and recording and written report submitted to the Planning Authority.

27.            No plant or vehicles shall cross any area of un-stripped ground except where such traffic is essential and unavoidable for the purposes of undertaking permitted operations.

28.            All topsoil and subsoil identified shall be conserved in accordance with the development proposals described in the approved details.

29.            All vegetation, topsoil and subsoil stripped from each phase of working and areas affected by excavations, storage areas, building works, hardstandings and other construction, including temporary access roads and vehicle haulage routes, shall be stored in areas set aside for that purpose which shall have been agreed beforehand in writing by the Mineral Planning Authority.

30.            All topsoil and subsoil stripped and stored in accordance with the above condition shall be employed in works of restoration and no such materials shall be removed from the site without the prior written permission of the Mineral Planning Authority.

31.            Topsoils shall be kept in storage mounds to a maximum height of 2m, with subsoils and overburden thereafter kept in separate storage mounds and prevented from mixing.

32.            At least 46 hours' notice in writing of the date on which any soil stripping operations are to commence on any part of the land within the permitted area shall be given to the Mineral Planning Authority. ⁠Soil shall only be moved when in a dry and friable condition and when ground conditions are dry.

33.            Topsoil and subsoil storage mounds and those parts of the site where stripping of topsoil and subsoil is not undertaken shall be kept free from weeds / competitive vegetation and all necessary steps shall be taken to destroy weeds at an early stage of growth to prevent seeding.

34.            All replacement field boundaries shall be in the form of dry-stone walls and earth banks constructed with materials derived or recovered from the existing field boundaries at Llecheiddior Uchaf and Llecheiddior Ganol.

35.            Reasonable avoidance measures shall be employed during the demolition of field boundaries and dry-stone walling to ensure that reptiles will be protected.

36.            Only mineral waste arising from the extraction operations at Llecheiddior, including material transported to and processed at Bryncir Quarry under planning permission C09D/0375/36/LL, shall be deposited within the site for the purpose of restoration. ⁠No refuse, general waste, or inert waste materials from any external sources shall be imported to the site. Soils or soil‑forming materials may be used solely for restoration purposes, and only where their suitability as a growing medium has been agreed in writing in advance by the Local Planning Authority. ⁠The total volume of material deposited shall not exceed that required to achieve the approved restoration contours. The operator shall maintain a detailed record of all mineral waste and soil material imported to or exported from the site, including origin, destination, volume, and purpose.  A summary of these records shall be submitted to the Local Planning Authority at six‑monthly intervals, or at such other frequency as agreed in writing by the Authority.

37.            Unless otherwise agreed in writing, at least 3 months prior to the intention to replace soils on any part of the area to be restored to an agricultural after use, the operator shall submit for the approval of the Mineral Planning Authority a plan showing the final contours to be achieved in the scheme of restoration.

38.            Progressive and even re-spreading of the overload shall be carried out during the period of mineral working.

39.            In the event of the premature cessation of mineral extraction on any given phase of the development, a revised scheme for the restoration of the site shall be submitted for the approval of the Mineral Planning Authority to include a plan showing the final contours to be achieved in the scheme of restoration.

40.            Following the formation of the final landform to the approved contours, the base material or original ground shall be comprehensively ripped to a minimum depth of 50cm to break up any surface compaction before any soil material is spread.

41.            The soil material (topsoil and subsoil) set aside for use in the agricultural restoration shall be spread uniformly and in correct sequence over the base material, and shall, where necessary, be rooted and scarified to full depth without causing mixing between different soil layers. ⁠A minimum soil depth of 280mm (110mm subsoil, 170mm topsoil) above the base material shall be provided over all areas. ⁠

42.            All base material ripping, soil spreading and cultivation operations shall be carried out in such a manner as to minimise compaction. 

43.            Any part of the site restored for agricultural purposes which is subject to localised settlement, and which adversely affects the agricultural after use shall be re-graded including the reconstruction of the soil profile to approved specification.

44.            The site shall be brought to the required standard for agricultural use.   

45.            Submission of an aftercare scheme.

46.            Chemical analysis after replacement of topsoil.

47.            Chemical analysis repeated in 1st and 4th years of aftercare.  ⁠⁠

48.            The land shall be managed in accordance with the rules of good husbandry and in compliance with the guidance outlined in Annex B, Minerals Technical Advice Note (Wales) 1: Aggregates. ⁠ ⁠ ⁠

49.            No livestock shall be kept on the land unless otherwise agreed in writing by the Mineral Planning Authority.

50.            All the land within the site which has been excavated, used for soil storage or roads or has been traversed by heavy plant, shall be provided with an adequate water supply and land drainage facilities, including watercourses, field ditches and piped underdrainage system, if considered by the Mineral Planning Authority to be essential in the satisfactory restoration of the site.    

51.            Ensure that there is a cover on the back of the lorries.

 

Note:

Ensure a road conditions maintenance agreement