C
DEVELOPMENT CONTROL AND REGULATORY BOARD
20 TH SEPTEMBER 2012
REPORT OF THE CHIEF EXECUTIVE COUNTY MATTER PART A – SUMMARY REPORT
APP. NO. & DATE: 2012/1030/03 (2012/CM/224/LCC) – 4th July 2012
PROPOSAL: Part retrospective application for the importation of foreign mineral for washing and processing.
LOCATION: Husbands Bosworth Quarry, Welford Road, Husbands Bosworth (Harborough District).
APPLICANT: Lafarge Aggregates Ltd.
MAIN ISSUES: Highway impacts and local amenity.
RECOMMENDATION: PERMIT subject to the 7 conditions as set out in the appendix to the main report.
Circulation Under the Local Issues Alert Procedure
Mr. G. A. Hart, CC
Officer to Contact
Mr. P. Bond (Tel. 0116 305 7325) Email: [email protected] 2 2012/1030/03 (2012/CM/224/LCC) – continued PART B – MAIN REPORT
Background 1. Husbands Bosworth sand and gravel quarry is split into two separate sites either side of the A5199 Welford Road. The processing facility is situated approximately 550 metres to the south of the village of Husbands Bosworth on the eastern side of Welford Road. Immediately to the south of the processing facility is an area previously worked, with part of this area restored to agriculture and part used as clean water lagoons and as an inert waste landfill site. Extraction currently takes place in a quarry to the west of Welford Road, approximately 1.5 kilometres to the south west of the processing facility. A conveyor system transports material from the quarry, under Welford Road and north to the processing facility.
2. The current extraction area will be worked in a matter of a few years and planning permission (2007/1869/03) was granted in 2008 for an extension to the north east of the processing area. The commencement date of this permission was extended by two years by way of permission no. 2010/0798/03 and the 2010 permission was lawfully implemented on 23 rd August 2012.
3. Members will recall that, at the DCRB meeting held on 22 nd March 2012, a similar application for the importation of mineral to Brooksby Quarry from Mountsorrel Quarry was considered and subsequently approved. Description of Development and Site
4. The application site comprises an existing plant site on land at Husbands Bosworth Quarry, to the south of the village of Husbands Bosworth. The plant site is accessed via the Welford Road (A5199), about 500 metres to the west. The site is bounded to the north by agricultural land, to the east by Bridleway A2, to the south by former sand and gravel workings that are restored to agriculture and to the west by agricultural land. The application site covers an area of 8.8ha.
5. The surrounding area is characterised by agricultural uses and open fields, interspersed with small areas of woodland. The village of Husbands Bosworth is located about 500m to the north, a gliding club and airfield is located to the south and a church and cemetery and allotment gardens are located to the west of the site, near Firs Farm.
6. This part retrospective application seeks permission to import 26,000 tonnes per annum (tpa) of processed granite waste from the applicant’s main production unit at Mountsorrel Quarry for washing and/or further processing using the existing processing facilities at Husbands Bosworth Quarry. The applicant proposes to import the following materials: • Up to 12,000 tonnes per annum of 20mm granite. This material would be washed through a secondary plant and then sold as Stoneblower Aggregate to National Rail. This material is used on rail tracks around the country.
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• Up to 4,000 tonnes per annum of granite dust. This would be processed through the existing main plant and sold as Linatex Sand to the applicant’s asphalt businesses in Elstow, Harper Lane and Banbury. This product may also be supplied to other asphalt plants. • The importation of a further 10,000 tonnes of granite dust. This would be blended with as-raised material from Husbands Bosworth Quarry and washed and processed through the existing plant. This would be sold as sharp sand to the existing local market.
7. The applicant states that the operations at Mountsorrel Quarry create high levels of material that the quarry does not have the capacity, in terms of land area or equipment, to deal with, and this is effectively being treated as a waste product. Husbands Bosworth Quarry currently has the capacity to process this material thus ensuring the high value, sustainable use of a valuable mineral resource that would otherwise become a waste product.
8. The mineral would be imported using the existing site access arrangements and the operations would be managed in accordance with the current approved site management practices and planning conditions governing the operation of the site. The applicant states that there would be no significant increase in the number of HGV movements because the importation of material into Husbands Bosworth Quarry would correspond largely (95-100%) with the backhaulage of sand and gravel to Mountsorrel Quarry.
9. The applicant states that the extant operations on the site were granted permission on the basis of the production of 200,000 tpa (1666 HGV movements per month), while the northern extension was permitted in 2008 on the basis of 150,000 tpa (1250 HGV movements per month). The current rate of production is 85,000 tpa (714 HGV movements per month) and the proposed importation of 26,000 tonnes of material has the potential to add a further 216 movements per month. However, as stated above, due to the very high level of backhauling, the applicant states that there would be no significant increase over and above the number of HGVs currently generated by the quarry. This statement may be accurate with respect to the numbers of HGVs involved in the importation of the stone; however, the exportation of finished products also needs to be considered as this would not be backhauled to Mountsorrel.
Planning Policy
National Policy
10. At the heart of the NPPF is a presumption in favour of sustainable development, which should be seen as a golden thread running through when making decisions on planning applications. The NPPF identifies the three interdependent dimensions of sustainable development, namely the economic, social and environmental roles, and the need to balance economic growth with the protection and enhancement of the environment (including the minimisation of waste and pollution).
11. Paragraph 143 of the NPPF specifically refers to preparing Local Plans; however, bullet point two of this paragraph is pertinent to this application. It states that local planning authorities should, ‘so far as practicable, take account
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of the contribution that substitute or secondary and recycled materials and minerals waste would make to the supply of materials, before considering extraction of primary materials, whilst aiming to source minerals supplies indigenously.’
12. Paragraph 144 of the NPPF states that, ‘When determining planning applications, local planning authorities should: (inter alia) ● give great weight to the benefits of the mineral extraction, including to the economy; ● ensure, in granting planning permission for mineral development, that there are no unacceptable adverse impacts on the natural and historic environment, human health or aviation safety, and take into account the cumulative effect of multiple impacts from individual sites and/or from a number of sites in a locality; ● ensure that any unavoidable noise, dust and particle emissions and any blasting vibrations are controlled, mitigated or removed at source and establish appropriate noise limits for extraction in proximity to noise sensitive properties; ● provide for restoration and aftercare at the earliest opportunity to be carried out to high environmental standards, through the application of appropriate conditions, where necessary.
Planning Policy Statement 10
13. National Planning Policy relating to waste management is contained within Planning Policy Statement 10: Planning for Sustainable Waste Management (PPS 10). It advocates protection of the environment and human health through sustainable waste management objectives, which seek to reduce the amount of waste produced, and the amount disposed of, by driving waste management up the waste hierarchy. It also promotes the ‘proximity’ principle to ensure that waste is managed as near to source as possible. The guidance sets out advice on the material planning considerations and planning conditions for waste management facilities. Planning conditions should be used to control matters such as vehicle movements, hours of operation, impact on neighbouring land uses, timescale and landscaping.
14. Paragraph 22 states that when proposals are consistent with an up-to-date development plan, waste planning authorities should not require applicants for new or enhanced waste management facilities to demonstrate a quantitative or market need for their proposal.
15. PPS10 and its Companion Guide (2006), state that the key tests for planning applications on unallocated sites are consistency with the key planning objectives set out in paragraph 21, and the Waste Planning Authority’s core strategy. Paragraph 21 provides criteria for the assessment of sites, and these include: the extent to which PPS10 policies are supported; physical and environmental constraints on development, including existing and proposed neighbouring land uses; the cumulative effect of previous waste disposal facilities; the capacity of existing and potential transport infrastructure; and to give priority to the re-use of previously-developed land.
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Development Plan Policies
16. The starting point for the assessment of this application is the Development Plan, which in this instance consists of the East Midlands Regional Plan (March 2009), the Leicestershire Minerals Development Framework Core Strategy and Development Control Policies document, the Leicestershire and Leicester Waste Development Framework Core Strategy and Development Control Policies document, saved policies of the Leicestershire Minerals Local Plan Review, the Harborough District Council Local Plan (saved policies) (April 2001) and the Harborough District Council Core Strategy (November 2011). The relevant policies and proposals are set out below.
East Midlands Regional Plan
17. The Regional Plan promotes a change in consumer and business approach to waste looking towards reduction and promoting re-use and recycling. Policy 1 (Core Objectives) aims to secure the delivery of sustainable development in the East Midlands with a key objective (e) of improving economic prosperity, employment opportunities and regional competitiveness (by ensuring, inter alia, sufficient good quality land and premises are available to support economic activity.
Leicestershire Minerals Development Framework Core Strategy
18. Policy MCS10 (Resource Management) seeks to reduce the demand for primary minerals by, inter alia, encouraging the use of mineral waste and supporting recycling initiatives.
19. Policy MCS11 (Environmental Protection) seeks to protect and enhance the natural and built environment.
20. Policy MCS16 (Transportation of Minerals) states that the strategy for the transportation of minerals is to locate new mineral working and mineral related developments in close proximity to markets and the County’s lorry route network.
21. Policy MDC2 (Sustainable Design) inter alia promotes the re-use and recycling of materials and the protection and enhancement of the character and quality of an area.
22. Policy MDC14 (Transportation of Minerals) states that planning permission will not be granted for minerals development involving the transport of minerals by road except where there is no practicable alternative to road transport, the proposed access arrangements would be safe and the local highway network is able to accommodate the traffic that would be generated.
Leicestershire and Leicester Waste Development Framework Core Strategy
23. Policy WCS3 states that the strategy for non-strategic waste sites is to locate them in the following areas, taking into account the principles set out in Policy WCS4: Waste Location Principles: (i) in the Broad Locations indicated on the Key Diagram, DC®. BOARD 20/09/2012 7 2012/1030/03 (2012/CM/224/LCC) – continued
(ii) in or close to the main urban areas of Hinckley or Melton Mowbray; (iii) within sustainable urban extensions; (iv) within or adjacent to an existing waste facility where it can be demonstrated that transport, operational and environmental benefits arise from co-location.
Where it can be demonstrated that a more dispersed location outside the above areas is necessary, locations in smaller settlements or rural areas will be considered, subject to the principles set out in Policy WCS4.
24. Policy WCS4 contains the strategy for locating waste sites, including a sequential approach for their location. The policy gives the highest priority to locations on land with an existing waste management use where transport, operational and environmental benefits can be demonstrated as a consequence of the co-location of waste management facilities.
25. Policy WCS5 states that the strategy for reuse and recycling is to allow new waste management development, provided the proposal does not cause unacceptable harm to the environment or communities.
26. Policy WDC5 (Countryside) states that planning permission will not be granted for waste management development within the countryside, unless it can be demonstrated that: (i) the development is such that it cannot be accommodated within the urban areas; (ii) there is an overriding need for the development; and, (iii) the landscape character of the area will not be harmed.
Leicestershire Minerals Local Plan Review
27. MLP Policy 2: Assessment of Proposals sets out a list of factors that will be taken into account in assessing proposals for mineral extraction.
Harborough Local Plan
28. Policy TR/3 of the Local Plan states that planning permission for new development will be refused where the traffic flow generated by the development would create a substantial adverse effect on the existing road network.
29. Policy EV/5 seeks to restrict development in the countryside unless: (inter alia) • The development does not adversely affect the character and appearance of the countryside; • The development does not adversely affect the amenities of residents in the area; and • Satisfactory access can be provided without adversely affecting the character and appearance of the area.
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Harborough District Council Core Strategy
30. Policy CS1 of the Harborough District Council Core Strategy seeks to maintain the District’s unique rural character whilst ensuring that the needs of the community are met through sustainable growth and suitable access to services up to 2028.
31. Policy CS5 seeks to maximise the use and efficiency of existing transport facilities and to achieve the best overall effect for transport for the District, including (inter alia) that future development will be located in areas well served by local services to reduce the need to travel.
32. Policy CS7 encourages employment and business development in the District, including employment development in the countryside, only where it: contributes to the retention and viability of rural services and land based businesses, or promotes the conversion and re-use of appropriately located and suitably constructed existing buildings.
33. Policy CS17 deals specifically with development in the countryside. It is intended that beyond the main built up areas development will be concentrated in Rural Centres and smaller settlements, relative to the size and character of the village. New development in the countryside will be strictly controlled, and normally limited to development for agricultural, recreation, renewable energy schemes. Rural development should be located and designed in such manner as to retain and enhance its landscape setting.
Consultations Harborough District Council – Planning
34. Consider that the principal impacts from the proposed variations are likely to relate to highway safety, the character of the local area and the wider countryside, including any environmental effects, and the living conditions of residents in the surrounding area. In summary, Harborough District Council would have no objections to the current proposals provided that the relevant Highways authority, the Environment Agency and Environmental Health Officers have all been consulted and have no objections to the proposals.
Harborough District Council – Environmental Health
35. No reply received at the time this report was published.
Husbands Bosworth Parish Council
36. No reply received at the time this report was published.
Leicestershire County Council – Highways Authority
37. In light of the existing permissions on the site, the Highway Authority makes no comment.
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Environment Agency
38. No objection subject to water discharges being compliant with the existing permit. Also advise the applicant to contact the Agency to discuss the requirements for an Environmental Permit.
Publicity
39. The application has been advertised by means of a site notice posted on 10 th July 2012. No letters of representation have been received. The application was also discussed at the most recent site liaison committee with no members of the committee raising an objection to the proposal.
Assessment of Proposal
40. The starting point for the assessment of this application is the Development Plan and other relevant planning policies. In this case the constituent parts of the development plan are detailed in paragraphs 16 to 33 above.
41. The application is for the change of use of the application site to allow the importation and subsequent processing of foreign mineral, which the applicant describes as a waste from processing operations at Mountsorrel Quarry. There are no proposals to erect any new plant or structures on the site.
42. Policy MCS10 of the Leicestershire and Leicester Minerals Core Strategy supports opportunities to maximise the use of mineral waste and encourages the use of such material before primary mineral resources. Such processing/recycling has strong in principle support in PPS 10 and policies in the Leicestershire and Leicester Waste Development Framework.
43. Whilst the site is located within the countryside, it is considered that the processing and blending of the waste mineral with virgin material from the Husbands Bosworth quarry means that such operations could not viably be located within the urban areas and there would be no harm to the surrounding landscape character. There is a demonstrable need to recycle and reuse the 26,000 tonnes of mineral waste per annum and it is considered that the proposal would not conflict with Policy WDC5 of the Waste Development Framework.
44. In terms of impacts upon local amenity, the application site is well distanced from local residential properties and the processing of the mineral would take place in a similar manner to the current processing of material from the adjacent quarry. It is therefore considered that the on-site operations would not have an unacceptable impact upon local residents.
45. The importation of stone from Mountsorrel has the potential to have negative impacts upon the local highway network and on local residents. However, the vast majority of the stone to be imported would be backhauled on lorries that currently take sand and gravel to Mountsorrel Quarry for inclusion in certain products produced there. The exportation of finished product would have an impact, although it has to be noted that the current sales are very much reduced
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compared to the levels that have been assessed under previous applications. It is considered that, subject to a condition limiting throughput at the site, the proposed development would not conflict with transport policies contained in the Leicestershire and Leicester Minerals Core Strategy or Policy CS5 of the Harborough Core Strategy.
46. The recycling operations proposed by the applicant are considered to be a sustainable solution to managing mineral waste which Mountsorrel Quarry does not currently have the capacity or ability to process and the proposal is therefore considered to be in accordance with the thrust of the policies within the Development Plan.
Conclusion
47. The recycling operations proposed by the applicant are considered to be a sustainable solution to managing mineral waste which Mountsorrel Quarry does not currently have the capacity to process. The proposal therefore accords with the principles of Policy MCS10 of the Leicestershire Minerals Core Strategy which supports opportunities to maximise the use of mineral waste and the use of such material before primary mineral resources.
48. Whilst there is a considerable distance between Mountsorrel and Husbands Bosworth Quarries, the majority of the imported stone would be backhauled. The finished products would be used in the local area and by National Rail, and therefore could end up being used anywhere in the country.
49. It is considered that the proposal would not conflict with the aims of the relevant policies of the development plan, and, subject to the imposition of appropriate planning conditions, the development can be undertaken without causing an unacceptable impact on the environment or local amenity.
Recommendation
A. Permit subject to the conditions set out in the appendix.
B. To endorse, as required by the Town and Country Planning (General Development Procedure) Order 1995 (as amended) a summary of the:
(i) Policies and proposals in the development plan which are relevant to the decision, as follows:
Policies 2 of the Leicestershire Mineral Local Plan Review;
Policies MCS10, MCS11, MCS16, MDC2 and MDC14 of the Leicestershire Minerals Development Framework Core Strategy & Development Control Policies document;
Policies WCS3, WCS4, WCS5 and WDC5 of the Leicestershire and Leicester Waste Development Framework Core Strategy & Development Control Policies document;
Saved Policies TR/3 and EV/5 of the Harborough Local Plan; and
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Policies CS1, CS5, CS7 and CS17 of the Harborough District Core Strategy.
(ii) Reasons for the grant of planning permission as set out below: • The nature of the proposed development is similar to that currently permitted on the site; • There would be no unacceptable impacts upon local residents or the environment; • The recycling of what would otherwise be a waste mineral product is well supported in principle by national and local policies; and • There would be no unacceptable highway impacts arising from this proposal.
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1. The development shall only be carried out in accordance with the details contained within planning application 2012/1030/03 and the accompanying Planning Statement produced by David Jarvis Associates Ltd. and covering letter from Mr. Jim Meadowcroft dated 2 nd July 2012.
2. No waste material shall be brought onto the site for processing except for mineral waste imported from Mountsorrel Quarry, Granite Way, Mountsorrel for recycling purposes and blending and processing into a saleable product.
3. The annual input to the site of mineral waste from Mountsorrel Quarry shall not exceed 26,000 tonnes. From the date of this permission, the operator shall maintain records of their monthly input of such material and make them available to the Minerals Planning Authority within seven days of receiving a written request for such information.
4. No additional plant and machinery required for the purposes of the development hereby permitted shall be installed or erected on the site.
5. The imported mineral waste and finished products produced from such material shall be stockpiled on the existing plant site in stockpiles no higher than four metres above surrounding ground levels.
6. This permission shall be limited to the period expiring on the cessation of extraction of mineral permitted under permission nos. 1992/0193/03, 1998/0329/03, 2004/0003/03 and 2010/0789/03.
7. In all other respects, the development hereby permitted shall be carried out in accordance with Planning Permissions (as varied) 1992/0193/03, 1998/0329/03, 2004/0003/03 and 2010/0789/03.
Reasons
1. For the avoidance of doubt and to ensure that the development is undertaken in accordance with the submitted details.
2&3. To ensure that the development is undertaken in accordance with the submitted details and in the interests of highway safety. (Policy MDC14 of the Leicestershire Minerals Development Framework)
4&5. In the interests of local amenity and to ensure that the impacts of additional plant and machinery can be assessed prior to development on site. (Policy EV/5 of the Harborough Local Plan)
6&7. To ensure that the development is carried out in a satisfactory manner and that the site is restored to an acceptable standard under conditions attached to existing permissions on the site.
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Note to Applicant
The applicant should contact Kathryn Carr, Senior Environment Officer at the Environment Agency on 01536-385181, to discuss the requirements of an environment permit.
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DEVELOPMENT CONTROL AND REGULATORY BOARD
The considerations set out below apply to all the following applications.
EQUAL OPPORTUNITIES IMPLICATIONS
Unless otherwise stated in the report there are no discernible equal opportunities implications.
IMPLICATIONS FOR DISABLED PERSONS
On all educational proposals the Director of Children and Young People's Service and the Director of Corporate Resources will be informed as follows: Note to Applicant Department
Your attention is drawn to the provisions of the Chronically Sick and Disabled Person’s Act 1970 and the Design Note 18 “Access for the Disabled People to Educational Buildings” 1984 and to the Equality Act 2010. You are advised to contact the County Council’s Human Resources Department if you require further advice on this aspect of the proposal.
COMMUNITY SAFETY IMPLICATIONS Section 17 of the Crime and Disorder Act 1998 places a very broad duty on all local authorities 'to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all reasonably can to prevent, crime and disorder in its area'. Unless otherwise stated in the report, there are no discernible implications for crime reduction or community safety.
BACKGROUND PAPERS
Unless otherwise stated in the report the background papers used in the preparation of this report are available on the relevant planning application files.
SECTION 38(6) OF PLANNING AND COMPULSORY PURCHASE ACT 2004
Members are reminded that Section 38(6) of the 2004 Act requires that:
“If regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise.”
Any relevant provisions of the development plan (i.e. any approved Local Plans) are identified in the individual reports.
The circumstances in which the Board is required to “have regard” to the development plan are given in the Town and Country Planning Act 1990:
Section 70(2) : determination of applications; Section 77(4) : called-in applications (applying s. 70); Section 79(4) : planning appeals (applying s. 70); Section 81(3) : provisions relating to compensation directions by Secretary of State (this section is repealed by the Planning and Compensation Act 1991); Section 91(2) : power to vary period in statutory condition requiring development to be begun; Section 92(6) : power to vary applicable period for outline planning permission; Section 97(2) : revocation or modification of planning permission; Section 102(1) : discontinuance orders; Section 172(1) : enforcement notices; Section 177(2) : Secretary of State’s power to grant planning permission on enforcement appeal; Section 226(2) : compulsory acquisition of land for planning purposes; Section 294(3) : special enforcement notices in relation to Crown land; Sched. 9 para (1) : minerals discontinuance orders.
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