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