Premier Aggregates 19/00583/CM Finmere Quarry 19/00585/CM Banbury Road 19/00584/CM Finmere 19/00586/CM Buckingham 19/00595/CM MK18 4AJ 19/00736/CM

Case Officer: John Gale

Applicant: AT Contracting & Plant Hire Ltd

Proposal: Continued use of a clean water lagoon and silt pond in phase 1 of the area approved for the extraction of sand and gravel and clay for the use in landfill engineering under planning permission 17/02083/CM (MW.0083/17) ; Application for secondary aggregate recycling; Extension to area approved for sand and gravel extraction and retention of processing and concrete batching plants (OCC Ref MW.0030/19); Extension to the area for non- hazardous waste landfill (OCC Ref MW.0027/19); Section 73 application to planning permission 15/02059/CM to allow for the operation of the Material Recovery Facility (MRF) until January 2026; Extension of area approved for clay extraction (OCC Ref MW.0026/19)

Ward: Fringford And Heyfords

Councillors: Cllr Ian Corkin Cllr James Macnamara Cllr Barry Wood

Reason for County Council consultation on Major development Referral: Expiry Date: 16 May 2019 Committee Date: 30 May 2019

EXECUTIVE SUMMARY OF PROPOSALS AND RECOMMENDATION

RECOMMENDATION: OBJECTIONS

Proposal

This is a combination of six applications which Oxfordshire Count Council (‘OCC’) is assessing together as one. The submission to OCC is accompanied by a single Environmental Statement with a number of appendices covering the whole gamut of impacts from the proposed works. The proposals comprise (i) an extension to the existing working site to the north and east of current working areas for sand and gravel extraction and non-hazardous landfill; (ii) mineral working in the HS2 safeguarded area to the west of the train line, which has previously had approval but has been blocked by the HS2 safeguarding; (iii) retention of the existing Materials Recycling Facility [MRF] and (iv) associated secondary aggregate recycling. There would also be an intensification of works at the site towards the end of the agreed period of use leading up to 2032, but one that does not exceed existing levels of intensity of works.

Consultations (limited as CDC is itself a consultee)

The following consultees have raised no objections to the application:

 CDC Environmental Health: Planning Policy and Constraints

 A number of habitats exist within the site, but the only designation is of Priority Habitat Inventory for the Finmere and Grassy Plantations.

 The nearest residential properties are: Boundary Farm to the east; Barley Fields to the south east; the bungalow at Foxley Fields Farm adjacent to the eastern site boundary; and Widmore farmstead adjacent to the western quarry boundary. Finmere village is approximately 500m to the north east of the site.

 A number of public rights of way cross the existing site and the proposed new areas, requiring the existing diversions to be extended should permission be given.

 Widmore Farmhouse to the west of the site is Grade II Listed and a number of archaeological sites have been identified within the site, including a suspected Bronze Age circular enclosure.

 The woodland at Finmere and Grassy Plantations are included on the Priority Habitat Inventory.

The application has also been assessed against the relevant policies in the NPPF, the adopted Local Plan and other relevant guidance as listed in detail at Section 8 of the report.

Conclusion The key issues arising from the application details are:

1. Impact on local residents in terms of noise and air quality 2. Impact on road network and amenity of local residents in terms of increased HGV movements 3. Proposed change of hours of operation for vehicle movements 4. Securing benefits of increased number of jobs for local people

Members are advised that the above is a summary of the proposals and key issues contained in the main report below which provides full details of all consultation responses, planning policies, the Officer's assessment and recommendations, and Members are advised that this summary should be read in conjunction with the detailed report.

MAIN REPORT

1. APPLICATION SITE AND LOCALITY

1.1. The application site relates to Finmere Quarry, an established non-hazardous landfill and quarry complex situated over 100ha, 500m to the south-west of the village of Finmere and accessed off the A421. Approximately half the overall site is currently being actively worked; with a combination of sand and gravel extraction, landfill, recycling of materials and clay extraction for use onsite to backfill and cap the landfill.

1.2. To the north the site is bounded by the A421 and to the west south and east by field boundaries. A number of mature trees – both individual and in small stands proliferate on the site. The site is bisected by a disused railway which has been designated as the route for HS2, with a considerable amount of development safeguarding area around the line. 2. CONSTRAINTS

2.1. A number of habitats exist within the site, but the only designation is of Priority Habitat Inventory for the Finmere and Grassy Plantations.

2.2. The nearest residential properties are: Boundary Farm to the east, Barley Fields to the south east, the bungalow at Foxley Fields Farm adjacent to the eastern site boundary, and Widmore farmstead adjacent to the western quarry boundary. Finmere village is approximately 500m to the north east of the site.

2.3. A number of public rights of way cross the existing site and the proposed new areas, requiring the existing diversions to be extended should permission be given.

2.4. Widmore Farmhouse to the west of the site is Grade II Listed and a number of archaeological sites have been identified within the site, including a suspected Bronze Age circular enclosure.

2.5. The woodland at Finmere and Grassy Plantations are included on the Priority Habitat Inventory.

3. DESCRIPTION OF PROPOSED DEVELOPMENT

3.1. The application relates to the following proposals:

3.2. Extend the area approved for sand and gravel extraction to include land between the existing non-hazardous waste landfill and the A421 (Banbury Road), retain the previously approved processing plant and compound and erect a concrete batching plant – all for a further temporary period;

3.3. Extend the area to be landfilled with non-hazardous waste to include land between Finmere Plantation and the area safeguarded for the development of HS2;

3.4. Enable the sand and gravel mineral processing plant to also be used for the recycling of secondary aggregate from incoming inert waste materials (Reference Area 3);

3.5. Extend the area approved for the extraction of clay for use in on-site landfill engineering (and incidental deposits of sand and gravel for processing and sale to customers) to include the land to the south of Foxley Fields Farm;

3.6. Continue the operation of the approved MRF until landfilling is completed and,

3.7. Enable the current clay extraction area to be used in accordance with an alternative scheme and to be restored to broadleaved woodland, nature conservation and a pond - instead of to agriculture.

4. RELEVANT PLANNING HISTORY

4.1. The following planning history is considered relevant to the current proposal:

Application Ref. Proposal Decision

90/00511/S Progressive extraction of sand and gravel Refused (later and infilling with inert waste to restore to allowed at agriculture and woodland together with appeal in ancillary plant. 1992) 96/00591/CM To include part of existing permitted area at Application quarry in commercial and industrial landfill Permitted application.

00/01480/CM Vary Conditions 2,20 & 21 of 96/00591/CM, Application deposit of commercial & industrial waste, to Permitted allow increase in restoration levels, development of inert materials recycling facility & amendments to S.106 Agreement re source of material

05/02418/CM Extraction of sand, gravel and clay from Application land adjacent to and south of the current Refused (later Finmere Quarry Landfill Facility for use at allowed at Finmere Quarry Landfill Facility for landfill appeal) engineering and the deposit of overburden and reject quarrying material from Finmere Quarry and restoration of the site to agriculture.

05/02518/CM Extension to Finmere Quarry to extract Application sand, gravel and clay from land south west Refused (later of Finmere, including the relocation of plant allowed at and restoration of the quarry using imported appeal) inert waste to agriculture, woodland and grassland

06/00252/CM Materials recycling facility with associated Application infrastructure Refused (later allowed at appeal)

4.2. Work at the site originally began in the early 1990s following an appeal decision to allow mineral extraction and landfill of inert waste. A number of subsequent applications have expanded the works, both in timescale and with the addition of clay extraction and the MRF.

4.3. At present the final restoration is expected in 2032 under approved applications at the site. The present plans would see a winding down of works, other than restoration, in the five to six years before 2032.

5. PRE-APPLICATION DISCUSSIONS

5.1. No formal pre-application discussions have taken place with CDC with regard to this proposal, though it is understood that pre-application discussions were held with the County Council Minerals and Waste Team and CDC were included in the subsequent Screening Opinion for the proposals in 2018.

6. RESPONSE TO PUBLICITY

6.1. This application has not been publicised as CDC are one of the consultees. 7. RESPONSE TO CONSULTATION

7.1. Whilst not directly consulted the views of Finmere Parish have been included below because they are considered important given the close association the village has had both by their proximity to and with the various developments on the site in the last 30 years.

PARISH/TOWN COUNCIL AND NEIGHBOURHOOD FORUMS

7.2. FINMERE PARISH COUNCIL: Raised a number of concerns in their April Parish Meeting, and noted at that time that they intended hold a meeting to discuss the applications and a response in early May. The points of concern raised were:

 Plan to extract aggregate from inert waste brought into the site, which would mean extra lorry movements

 Extension of the sand and gravel extraction from the area of land on the village side of the site

Whilst it is expected that the Parish will report its final concerns directly to the CC to be taken into consideration it is considered important to highlight the concerns of the local people within the district that would be most impacted by the proposals.

CONSULTEES

7.3. CDC ENVIRONMENTAL HEALTH: Comments as follows:

Noise: Having studied the noise report I am satisfied that the predicted noise levels are below the established noise limits and will not cause any further adverse impact on the residential amenity of the neighbouring properties.

Contaminated Land: No comments

Air Quality: As long as the mitigation measures laid down in the attached noise report are implemented then I have no further comments to make on this.

Odour: No comments

Light: No comments

8. RELEVANT PLANNING POLICY AND GUIDANCE

8.1. Planning law requires that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise.

8.2. The Cherwell Local Plan 2011-2031 - Part 1 was formally adopted by Cherwell District Council on 20th July 2015 and provides the strategic planning policy framework for the District to 2031. The Local Plan 2011-2031 – Part 1 replaced a number of the ‘saved’ policies of the adopted Cherwell Local Plan 1996 though many of its policies are retained and remain part of the development plan. The relevant planning policies of Cherwell District’s statutory Development Plan are set out below: CHERWELL LOCAL PLAN 2011 - 2031 PART 1 (CLP 2031)  SLE 1: Employment Development  ESD10: Protection and Enhancement of Biodiversity and the Natural Environment  ESD13: Local Landscape Protection and Enhancement  ESD15: The Character of the Built and Historic Environment

CHERWELL LOCAL PLAN 1996 SAVED POLICIES (CLP 1996)  C28: Layout, design and external appearance of new development  ENV1: Environmental pollution  TR10: Heavy Goods Vehicles

Other Material Planning Considerations  National Planning Policy Framework (as amended) (NPPF)  Planning Practice Guidance (PPG)

8.3. Under Section 38 of the Planning and Compulsory Purchase Act 2004, a Neighbourhood Plan that has been approved at referendum also forms part of the statutory development plan for the area. In this case, the application site falls within the , and the following Policies of the Neighbourhood Plan are considered relevant:

8.4. Other Material Planning Considerations

 National Planning Policy Framework (NPPF)  Planning Practice Guidance (PPG)  The Planning (Listed Buildings and Conservation Areas) Act 1990  EU Habitats Directive  Natural Environment and Rural Communities Act 2006  Conservation of Habitats and Species Regulations 2017  Circular 06/2005 (Biodiversity and Geological Conservation)

8.5. Council Corporate Priorities

Cherwell District Council’s Business Plan for 2019-20 sets out the Council’s three strategic priorities which form our overarching business strategy. Below these are the key actions for the year 2019–20. This is a strategy which looks to the future taking into account the priorities and aspirations of the communities who live and work in the district.

The three corporate priorities are to ensure the District is “Clean, Green and Safe”, that it supports “Thriving Communities & Wellbeing”, and is a District of “Opportunity & Growth”. All three priorities are of significance to the determination of planning applications and appeals. Below these priorities, the key actions which are of most relevance to planning applications and appeals are: (1) deliver the Local Plan; (2) increase tourism and increase employment at strategic sites; (3) develop our town centres; (4) protect our built heritage; (5) protect our natural environment; (6) promote environmental sustainability; (7) promote healthy place shaping; (8) deliver the Growth Deal; (9) delivery innovative and effective housing schemes; and (10) deliver affordable housing. The remaining key actions may also be of significance to the determination of planning applications and appeals depending on the issues raised.

The above corporate priorities are considered to be fully compliant with the policy and guidance contained within the National Planning Policy Framework and National Planning Practice Guidance.

9. APPRAISAL

9.1. The proposal is a County Matter application and CDC is a consultee only. The key consideration is the effect the proposal might have upon the interests of the District, which in this case are considered to be the effect on visual amenities, the rural landscape and ecology. It is expected that matters of ecology fall within the scope of Oxfordshire County Council and that appropriate consultation and mitigation (if necessary) will be carried out. 9.2. The applicant has submitted a comprehensive Environmental Statement which covers variously;  Transport  Air Quality  Ecology  Hydrogeology  Hydrology  Heritage  Landscape and Visual  Noise  Soils  Socio Economics  Other Potential Effects (Cumulative, Community and Social and Human Health). 9.3 For each of these the key receptors are identified and risks assessed with mitigations offered to offset any impacts judged harmful. In light of the scale of works at the existing site and mitigations offered the main impacts identified are covered below. 8.6. Transport – The proposals would see an increase in the number of vehicles visiting the site in the period post 2025. Whilst it is accepted that the proposed level of HGV movements is on average similar to that of the present approved development, there would be a greater impact over time on the local people from the these movements. On this basis we would like to object to the intensification of works at the site over the longer time period that is requested by these applications. 8.7. Air Quality & Noise – The proposal to extend the area of gravel and sand extraction to the north of the site, bounding the A421, would be at the point that is closest to the village of Finmere. The proposed clay extraction site is also closer to the village and a number of residential sites. Whilst there are a number of mitigations proposed this would not overcome the fact that extension of the site to the north would be closer to the local residents than the site has ever been in the past, there is also a track record of the site owners not complying with their own mitigation policy. Should the County be minded to approve the application we would suggest that the robustness of the proposed mitigation for air quality and noise on the local residents be secured by enforceable condition(s). 8.8. Hours of operation – The submitted applications request an extension of the acceptable times for HGVs to visit the site from the present 7:00 - 18:00 to 6:00 – 19:00. While on the face of it this might seem innocuous this represents a nearly 20% increase in hours of operation, and at the most sensitive times of day – when local residents are at home and in the morning likely to be in bed. There is no real justification offered for these increased times and we do not support the change in these previously agreed times, which currently serve to limit the impact on the local residents. 8.9. Socio Economics – The increase in the number of workers and lengths of contracts is welcomed, and this would add to the existing pool of jobs in the minerals and waste industry in the district. In order to secure jobs for local people it is suggested that a commitment is secured by condition or legal agreement to hire a proportion of local people on full-time contracts at the site. 10. PLANNING BALANCE AND CONCLUSION

10.1. The NPPF states that the purpose of the planning system is to contribute to the achievement of sustainable development. Paragraph 8 requires that the three dimensions to sustainable development (economic, social and environmental) are not undertaken in isolation, but are sought jointly and simultaneously. 10.2. The proposal is a County Matter and CDC is a consultee only. It is expected that the County Council will make a full assessment into the effects of the proposal, but from the District perspective it is considered that the objections contained in this report be taken into account of the Officer recommendation of the application.

11. RECOMMENDATION

1. That Cherwell District Council objects to further intensification of works at the site and the increase in HGV movements that would occur in the period that is currently supposed to see a reduction in intensity leading up to 2032 when the final restoration is scheduled to end.

2. That strict controls are put in place should the County be minded to approve the applications, for the potential impacts on air quality and noise for the protection of the health and amenity of local residents.

3. That the hours of operation for vehicles entering the site be kept at the previously agreed times of 7:00 and 18:00.

4. That measures are put in place to secure jobs created for local people – either by a proportion of the work force or an agreement to take on local apprentices by condition.

CASE OFFICER: John Gale TEL: 01295 221857