TARMAC
GIRTON QUARRY
PLANNING APPLICATION TO VARY CONDITIONS 8 AND 9 OF PLANNING CONSENT 3/98/0800 AND CONDITIONS 7 AND 8 OF PLANNING CONSENT 3/04/00394/CMM TO FACILITATE AN EXTENSION OF TIME AT GIRTON QUARRY
SUPPORTING PLANNING STATEMENT
PREPARED BY: DAVID L WALKER LIMITED
JULY 2016
Tarmac Girton Quarry Planning Application to Vary Conditions to Facilitate an Extension of Time Supporting Planning Statement
CONTENTS
Preface
Section 1 Site Location and Context
Section 2 Summary of Proposals
Section 3 Planning Statement 3.1 General 3.2 Newark and Sherwood District Council 3.3 Nottinghamshire County Council 3.4 Emerging Policy ad Supplementary Planning Guidance 3.5 National Planning Policy
Section 4 Need
Section 5 Statement of Community Involvement
Section 6 Summary
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LIST OF APPENDICES
Appendix 1 Planning Application Forms
Prepared by David L Walker Limited 2 July 2016
Tarmac Girton Quarry Planning Application to Vary Conditions to Facilitate an Extension of Time Supporting Planning Statement
PREFACE
(i) Tarmac ("the applicant") benefits from two planning consents under references 3/98/0800 (“the 1999 consent”) and 3/04/0394/CMM (“the 2004 consent”) for the extraction of sand and gravel at Girton Quarry (“the site”) with restoration to a combination of after uses, including agriculture, nature conservation and amenity.
(ii) Under Conditions 8 and 9 of the 1999 consent and Conditions 7 and 8 of the 2004 consent, mineral extraction at the application site is required to cease by 31 August 2016, with restoration to be completed within one year following the cessation of mineral extraction or, in the case of the 2004 consent, by 31 August 2017, whichever is the sooner.
(iii) The site has been mothballed since January 2009 as a direct result of the severe and widespread economic recession that started in 2007 and approximately 3.44 million tonnes of sand and gravel reserves remain to be extracted, with a further 120,000 tonnes (approximate) of processed sand and gravel stored at the plant site available for sale and distribution.
(iv) Tarmac intends to recommence operations at the site during the period of the emerging Nottinghamshire Mineral Local Plan (up to 2030) and in order to prevent sterilisation of the mineral reserves, an extension of time will be required.
(v) The quarry has historically operated in excess of 300,000 tonnes per annum, but the projected future average output is anticipated to be approximately 200,000 tonnes per annum, which when operations at other quarries in the Trent Valley are factored in, is the anticipated market demand for sand and gravel from the site.
(vi) Existing vehicle routing requirements also have an influence upon the market area which the site can realistically serve and this has influenced the projected output set out above.
(vii) Refurbishment of the processing plant is required prior to the full reopening of the quarry, which is expected in 2018 or 2019 to coincide with the expected closure of Finningley Quarry.
(viii) In order to ensure that these permitted sand and gravel reserves form part of the landbank, an extension of time to 31 December 2035 in respect of completion of mineral extraction is therefore proposed with restoration to be completed within one year thereafter.
(ix) In this regard it is proposed to vary Condition 8 of the 1999 consent and Condition 7 of the 2004 consent as follows:
Prepared by David L Walker Limited 3 July 2016
Tarmac Girton Quarry Planning Application to Vary Conditions to Facilitate an Extension of Time Supporting Planning Statement
“All mineral extraction shall cease on or before 31 December 2035 unless otherwise agreed in writing by the Mineral Planning Authority (MPA)”.
(x) It is also proposed to vary Condition 9 of the 1999 consent and Condition 8 of the 2004 consent as follows:
“All restoration operations shall be completed on or before 31 December 2036 or within twelve months of the permanent cessation of mineral extraction, whichever is the sooner.”
(xi) There are no proposals to alter any other element of the permitted development, but at the request of the Mineral Planning Authority (“MPA”) an interim restoration scheme has been prepared in support of the proposals in respect of areas of the site where restoration was in the process of completion prior to mothballing.
(xii) Owing to the nature of the proposals, and size of the application area, the proposals constitute EIA development as defined under the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (“the EIA Regulations), and this Environmental Statement sets out findings of the EIA process.
(xiii) Environmental Impact Assessment was first introduced into English Law in 1988, although the original procedure was referred to as “Environmental Assessment”. The EIA Regulations came into force in August 2011 and consolidated and replaced provisions of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 and any amending legislation.
(xiv) This Supporting Planning Statement (SPS) is provided in support of the planning application and sets out a full review of Development Plan policies (both adopted and emerging) and a justified need argument for the proposed extension of time.
(xv) A copy of the planning application forms is reproduced at Appendix 1. There are two sets of forms, one in relation to variation of the 1999 consent and one in relation to variation of the 2004 consent.
Prepared by David L Walker Limited 4 July 2016
Tarmac Girton Quarry Planning Application to Vary Conditions to Facilitate an Extension of Time Supporting Planning Statement
SECTION 1 SITE LOCATION AND CONTEXT
1.1 Girton Quarry lies approximately 2 km north of the village of Girton and 14 km north of Newark-on-Trent. The location of the application site is shown on Plan G011/00158 reproduced within the accompanying Environmental Statement (“ES”).
1.2 The application site is located in a primarily rural setting with open fields to the north, south and west, and with the A1133 to the east. The River Trent, which flows in a north/south direction, is located approximately 0.8 km to the west.
1.3 Prior to mothballing in 2009, operations at the application site were well-established. Land uses on site comprise the following elements:
areas within which sand and gravel remains to be extracted; areas in the process of final restoration; restored mineral workings; site access and haul road; and ancillary and administrative facilities (ie site offices, parking area and stocking area).
The location of these land uses across the existing site is illustrated on Plan G011/00158.
1.4 Access to the application site is derived via a purpose-built access road located off the A1133 to the east, which in turn links in with the A57 and primary road network to the north.
1.5 Under the terms of the Section 106 Agreement dated 26 August 1999, Heavy Goods Vehicles (“HGVs”) with a gross laden weight of more than 7.5 tonnes are only permitted to journey to/from the application site via the A1133 to the north, and these obligations will continue to remain in place over the course of ongoing operations.
1.6 The area of consented mineral reserve remaining to be extracted is contained within Phases 6-14 of the approved working scheme, which includes the plant site and stocking area. Approximately 840,000 tonnes of the permitted reserves has been extracted to date.
1.7 In respect of restoration, Phases 1-3 (refer Appendix 3 of the accompanying ES) have been restored. Mineral extraction in Phases 4 and 5 has been completed, but these phases have not yet been fully restored.
Prepared by David L Walker Limited 5 July 2016
Tarmac Girton Quarry Planning Application to Vary Conditions to Facilitate an Extension of Time Supporting Planning Statement
SECTION 2 SUMMARY OF PROPOSALS
2.1 The proposals are for an extension of time to 31 December 2035 to allow extraction of the remaining mineral reserves, estimated at 3.44 million tonnes with restoration proposed to be completed within one year thereafter.
2.2 In order to facilitate this extension of time it is proposed to vary both the 1999 consent and the 2004 consent. Copy of both planning consents is reproduced at Appendix 8 of the accompanying Environmental Statement.
2.3 In this regard it is proposed to vary Condition 8 of the 1999 consent and Condition 7 of the 2004 consent as follows:
“All mineral extraction shall cease on or before 31 December 2035 unless otherwise agreed in writing by the Mineral Planning Authority (MPA)”.
2.4 It is also proposed to vary Condition 9 of the 1999 consent and Condition 8 of the 2004 consent as follows:
“All restoration operations shall be completed on or before 31 December 2036 or within twelve months of the permanent cessation of mineral extraction, whichever is the sooner.”
2.5 There are no proposals to alter any other element of the permitted development, but at the request of the Mineral Planning Authority (“MPA”) an interim restoration scheme has been prepared in support of the proposals in respect of areas of the site where restoration was in the process of completion prior to mothballing. Details in this regard are set out in Section 4 and Appendix 10 of the ES.
Prepared by David L Walker Limited 6 July 2016
Tarmac Girton Quarry Planning Application to Vary Conditions to Facilitate an Extension of Time Supporting Planning Statement
SECTION 3 PLANNING STATEMENT
3.1 General
3.1.1 Section 38 of the Planning and Compulsory Purchase Act 2004 replicates the provisions of Section 54A of the Town and Country Planning Act 1990 (as amended) and requires that where in making any determination regard is to be had to the Development Plan, and that determination shall be made in accordance with the Plan unless material considerations indicate otherwise.
3.1.2 In respect of the application site, the Development Plan comprises the following:
. the Newark and Sherwood Core Strategy DPD and Allocations and Development Management Policies DPD 2011; and . the Nottinghamshire Minerals Local Plan 2005 (Saved Policies).
3.1.3 In addition, and of relevance considering the scope and extent of any material considerations, regard will be made to emerging policies and plans.
3.1.4 The provisions of the National Planning Policy Framework (“NPPF”) and Planning Practice Guidance (“PPG”) are also considered in this section, in addition to socio-economic impacts.
3.1.5 Each of the Development Plan Documents referred to above is considered below.
3.2 Newark and Sherwood District Council
3.2.1 The District Council has adopted a Local Development Framework which includes two key Development Plan Documents (“DPDs”) to address development over the plan period to 2026, these comprising the Core Strategy (“CS”) DPD adopted in March 2011 and the Allocations and Development Management (“SADM”) DPD adopted in July 2013.
3.2.2 The CS DPD sets out a vision and objectives combined with a number of core policies to guide development over the plan period, whilst the SADM DPD sets out site allocations, designations and detailed development management policies.
3.2.3 The overarching vision of the CS DPD is to promote and support sustainable development to secure a high quality of life for residents, with thriving and sustainable urban and rural communities. One of the key strategic objectives is requiring the plan to manage the release of land for new housing, employment and other necessary development. Policy DM12 of the SADM DPD reaffirms the presumption in favour of
Prepared by David L Walker Limited 7 July 2016
Tarmac Girton Quarry Planning Application to Vary Conditions to Facilitate an Extension of Time Supporting Planning Statement
sustainable development set out within the CS DPD and the National Planning Policy Framework.
3.2.4 The need for sustainable design is also reinforced within both DPDs. Core Policy 9 of the CS DPD highlights that all new development proposals will need to demonstrate a high standard of design that protects and enhances the natural environment. Policy DM5 of the SADM DPD goes on to specify criteria that proposals will be assessed against to demonstrate compliance, including protection or enhancement of natural features and also consideration of ecological impacts as part of the design process.
3.2.5 Although there are no changes proposed to the working and restoration schemes at this time, particularly because operations at the application site are currently mothballed, the approved schemes were subject to stringent environmental and ecological assessments when these were developed to provide a sustainable design. Such assessments and schemes have been reviewed and will be maintained going forwards.
3.2.6 The restoration of the application site to nature conservation and agricultural after uses was a key focus in the design process of the restoration scheme, and the scheme was considered to provide a good balance in this regard, whilst the working scheme was designed to minimise impacts on the natural environment, landscape and public/residential amenity, with visual screening and environmental protection measures in place.
3.2.7 Core Policy 12 of the CS DPD and Policy DM7 of the SADM DPD state that development should protect, promote and enhance biodiversity and green infrastructure, consistent with local policy and guidance, and all proposals should be supported by up to date ecological assessments.
3.2.8 An Ecological Impact Assessment, including both Phase 1 and Phase 2 ecological surveys, has been carried out in support of the planning application and EIA and, subject to adherence of a small number of recommendations, demonstrates that there are no “significant adverse” ecological impacts associated with the proposals.
3.2.9 Policy DM10 of the SADM DPD requires that development proposals with potential for pollution need to take account of impacts on the natural environment and general amenity in terms of neighbouring land uses; the wider population; ground and surface water; air quality; and biodiversity.
3.2.10 A number of ecological assessments have been undertaken in support of the proposals, which demonstrate that there are no significant adverse ecological issues associated with the proposals. Furthermore, as highlighted in the accompanying ES, all existing
Prepared by David L Walker Limited 8 July 2016
Tarmac Girton Quarry Planning Application to Vary Conditions to Facilitate an Extension of Time Supporting Planning Statement
environmental protection measures, for example in respect of noise, archaeology hydrology/hydrogeology, soils management, highways and landscape, will remain in place over the course of ongoing operations. Dust mitigation measures are also set out at Section 3.4 of the accompanying ES.
3.2.11 As well as the natural environment, the historic environment is also important, which is reflected in Core Policy 14 of the CS DPD and Policy DM9 of the SADM DPD. In this regard, the permitted development is subject to a Section 106 Agreement which sets out obligations for archaeological evaluation. These obligations will continue to be implemented as part of the proposals.
3.2.12 Spatial Policy 17, which relates to sustainable transport, sets out a number of considerations for development, including providing safe, convenient and attractive accesses for all and providing links to the existing network of footways, bridleways an cycleways. In this regard, the public rights of way within and along the application site boundary will continue to be protected and retained as part of the proposals.
3.3 Nottinghamshire County Council
Nottinghamshire Minerals Local Plan (Saved Policies)
3.3.1 The Nottinghamshire Minerals Local Plan (“MLP”) was adopted in December 2005 and provides a framework for minerals operators and other interested parties, for the development of minerals sites in the plan period. The MLP has been subject to review in accordance with the Planning and Compulsory Purchase Act 2004 and the following is an assessment of the relevant saved policies.
3.3.2 The MLP provides the minerals industry and other interested groups with a clear indication of the future scale and patterns of mineral production in the County and, more importantly, provides a spatial context.
3.3.3 The MLP is split into two main parts, part one of which sets out general policies related to minerals development, specifically concerned with ensuring environmental protection, sustainable development and reclamation of land post-mineral extraction. Part two of the MLP addresses mineral-specific and site-specific policies.
3.3.4 Policy M2.1 (Sustainable Development Objectives) states that “planning permission for minerals development will only granted where it has been demonstrated that the Plan’s sustainable development objectives have, where appropriate, been fully addressed.”
3.3.5 The proposals set out in this Supporting Planning Statement seek to facilitate the extraction of the remaining permitted mineral reserves at the application site to prevent sterilisation prior to final restoration.
Prepared by David L Walker Limited 9 July 2016
Tarmac Girton Quarry Planning Application to Vary Conditions to Facilitate an Extension of Time Supporting Planning Statement
3.3.6 The approved restoration scheme itself also provides biodiversity and landscape benefits in the long term, consistent with the principles of sustainable development as set out in the NPPF.
3.3.7 In addition to the sustainability objectives of the MLP, there are various policies concerned with environmental protection. Policies M3.3, M3.4, M3.5 and M3.7 address the impact of mineral operations in terms of visual intrusion, noise and dust.
3.3.8 In this regard, a number of environmental protection measures are and will remain in place by virtue of the extant planning consent. For example, Condition 19 of the 2004 consent requires the use of water bowsers or sprinkler systems to dampen the extraction area and haul roads, to ensure dust emissions are maintained within acceptable levels, whilst Conditions 15 and 18 include noise management measures. Dust mitigation measures are also included within the accompanying ES.
3.3.9 All screening bunds and advanced planting will be retained over the course of ongoing operations, in the interests of visual amenity, which accords with Policy M3.22.
3.3.10 In respect of protection of the water environment, a scheme of groundwater monitoring is and will continue to remain in place over the course of ongoing operations. A number of drainage provisions are also in place. For example all water from the site is discharged to settlement ponds before being discharged into controlled waters. Such provisions are consistent with Policy M3.8.
3.3.11 Policy M3.12 states that planning permission will only be granted where measures are in place to prevent damage to the highway and to prevent mud and other deleterious material from contaminating public highways. The existing wheel cleaning facilities and long haul road will be retained and other measures such as securing sheeting of lorries will continue to be implemented.
3.3.12 In respect of vehicle movements and routing associated with the proposals; these will be as existing, therefore conforming with the provisions of Policies M3.13 and M3.14.
3.3.13 The impact of mineral operations upon biodiversity, including habitats outlined within the Nottinghamshire Local Biodiversity Action Plan and local or regional designated sites, is addressed within the MLP. Policies M3.17 and M3.20 emphasise that planning permission for minerals developments will not be granted where there is potential negative impact on the above, unless the need for the development significantly outweighs those impacts.
Prepared by David L Walker Limited 10 July 2016
Tarmac Girton Quarry Planning Application to Vary Conditions to Facilitate an Extension of Time Supporting Planning Statement
3.3.14 In this regard, an Ecological Impact Assessment, including Phase 1 and Phase 2 surveys, has been undertaken in support of the proposals, which concludes that subject to certain recommendations being implemented (ie vegetation removal to be undertaken outside of the bird breeding season), there are no ecological concerns associated with the proposals.
3.3.15 Furthermore, the restoration scheme will provide biodiversity benefits in the long term.
3.3.16 In terms of reclamation-related policies within the MLP, Policies M4.1, M4.3 and M4.4 address the need for phased working to ensure efficient restoration, in addition to a soil storage scheme and landscaping during site workings. In this regard, the restoration is carried out on a progressive basis, with soils being stored until no longer required for visual screening or noise attenuation purposes.
3.3.17 Policies M4.10, M4.11 and M4.12 address the afteruse of minerals sites post-reclamation and restoration. The policies highlight the need for minerals developments to include a comprehensive afteruse scheme which maximises opportunities to enhance the environment, biodiversity and amenity of the local community. In this regard, the approved restoration scheme includes a combination of agricultural and nature conservation-based after uses, and the application site will be subject to a five year aftercare scheme.
3.3.18 In terms of minerals-specific and site-specific policies, Policy M6.10 states that the County Council seeks to maintain a landbank of permitted reserves of sand and gravel of at least 7 years. It is understood that the permitted landbank is slightly beneath this level. Nevertheless, the minerals at the application site form part of the current landbank figure.
3.4 Emerging Policy
3.4.1 In addition to the adopted minerals planning policy, NCC is developing a new regulatory framework consistent with requirements of the Planning and Compulsory Purchase Act 2004 and provisions of the NPPF.
3.4.2 NCC is in the process of preparing a new Minerals Local Plan and in December 2013 undertook public consultation on the Minerals Local Plan Approach. A further consultation was undertaken in May – July 2014 in respect of sand and gravel provision over the plan period.
3.4.3 In February/March 2016 the MPA carried out a public consultation on the submission version of the new Minerals Local Plan.
3.4.4 In respect of emerging policies relevant to the proposals and the application site, as with the saved policies, of the old MLP and the
Prepared by David L Walker Limited 11 July 2016
Tarmac Girton Quarry Planning Application to Vary Conditions to Facilitate an Extension of Time Supporting Planning Statement
Newark and Sherwood Local Development Framework, there are a number of development management policies in Chapter 5 focused on environmental protection (ie in respect of local amenity water resources and flood risk, agricultural land and soil quality, biodiversity and geodiversity, landscape, highways and the historic environment).
3.4.5 In order to avoid repetition of the points identified in Sections 3.2 and 3.3 of this SPS, the proposals are for an extension of time only to enable the remaining mineral reserves to be worked prior to completion of final restoration and the existing environmental mitigation measures in respect of each of the above environmental consideration areas will continue to be implemented.
3.4.6 Policy DM8 requires cumulative impacts on the environment and local amenity to be considered as part of proposals for minerals development. In this regard, the cumulative impacts of the proposals are addressed in Section 5.4 of the accompanying ES and in summary there are considered to be no significant cumulative impacts associated within the proposals that could not otherwise be mitigated through existing environmental and local amenity protection measures.
3.4.7 In respect of minerals provision, Policy SP2 highlights that the strategy for the supply of minerals in Nottinghamshire includes the need to identify suitable land for mineral extraction to maintain a steady and adequate supply of minerals during the plan period, with priority given to the extension of existing sites such as Girton Quarry where economically, socially and environmentally acceptable.
3.4.8 Policy MP1 goes on to state that to meet identified levels of demand during the plan period up to 2030, provision for 49.02 million tonnes of sand and gravel will be required to maintain a landbank of at least 7 years.
3.4.9 In order to maintain an adequate supply of sand and gravel, Policy MP2 highlights that this will be achieved through the extraction of reserves remaining at existing permitted sites, which includes the remaining consented reserves at Girton, as well as through quarry extensions and new sand and gravel sites.
3.5 National Planning Policy
National Planning Policy Framework
3.5.1 The National Planning Policy Framework (NPPF) document was published in late March 2012 and sets out the government’s requirements for the planning system, reiterating the fact that planning law requires that all applications for planning permission must be determined in accordance with the Development Plan unless material considerations indicate otherwise. The guidance has superseded
Prepared by David L Walker Limited 12 July 2016
Tarmac Girton Quarry Planning Application to Vary Conditions to Facilitate an Extension of Time Supporting Planning Statement
previously published planning policy statements, mineral policy statements and mineral planning guidance notes.
3.5.2 The Ministerial Foreword of the document confirms that the purpose of planning is to help achieve sustainable development where “sustainable” means ensuring that better lives for communities does not result in worse lives for future generations and “development” means growth. The Foreword continues by stating that sustainable development is about change for the better and not only in the country’s built environment, confirming that the natural environment is essential to the country’s well-being and that it should be better looked after than it has been up to date.
3.5.3 The Minister for Planning confirms that in his opinion “sustainable development is about positive growth – making economic, environmental and social progress for this and future generations”. He then goes on to state that “development that is sustainable should go ahead, without delay – a presumption in favour of sustainable development that is the basis for every plan, and every decision”.
3.5.4 Paragraph 6 confirms that the purpose of the planning system is to contribute to the achievement of sustainable development, whilst paragraph 7 confirms there are three dimensions to sustainable development, these being economic, social and environmental. In respect of the economic role, the document confirms that this should assist in contributing to building a strong, responsive and competitive economy, by ensuring that sufficient land of the right type is available in the right places and at the right time to support growth and innovation and by identifying and coordinating development requirements, including the provision of infrastructure.
3.5.5 In respect of the social role, the document confirms that it seeks to support strong, vibrant and healthy communities by providing a supply of housing required to meet the needs of present and future generations and by creating a high quality built environment with accessible local services that reflect the community’s needs and support its health, social and cultural well-being. The operations at Girton Quarry should be viewed not only in the context of a mineral extraction operation but also as part of the wider portfolio of employment maintained by the applicant company. The proposals will specifically seek to preserve the employment opportunity for up to 8 staff (when full operations recommence at the site).
3.5.6 In respect of the environmental role, this is seen as “contributing to protecting and enhancing our natural, built and historic environment; and, as part of this, helping to improve biodiversity, use natural resources prudently, minimise waste and pollution and mitigate and adapt to climate change including to a low carbon economy.”
Prepared by David L Walker Limited 13 July 2016
Tarmac Girton Quarry Planning Application to Vary Conditions to Facilitate an Extension of Time Supporting Planning Statement
3.5.7 Paragraph 11 onwards confirms that the planning law requires that applications for planning permission are determined in accordance with the development plan, unless material considerations indicate otherwise. This is also reflected in Paragraph 12, where it confirms that the NPPF “does not change the statutory status of the development plan as the starting point for decision making. Proposed development that accords with an up to date local plan should be approved” and that “it is highly desirable that local planning authorities should have an up to date plan in place.” In respect of the current planning application, the previous subsections have reviewed the development plan, which is fully up to date in accordance with this policy driver.
3.5.8 In respect of the deliverability of sustainable development, paragraph 18 onwards of the NPPF confirms that the government is committed to securing economic growth in order to create jobs and prosperity, building on the country’s inherent strengths, and meeting the twin challenge of global competition and of a low carbon future. The document confirms that the government is committed to ensuring that the planning system does everything possible to support sustainable economic growth and that “planning should operate to encourage and not act as an impediment to sustainable growth.”
3.5.9 Section 11 of the NPPF relates to conserving and enhancing the natural environment and paragraph 109 confirms that the planning system should contribute to and enhance the natural and local environment by protecting and enhancing valued landscapes, recognising the wider benefits of eco-system services, minimising impacts on biodiversity and providing net gains in biodiversity where possible, contributing to the government’s commitment to halt the overall decline of biodiversity by establishing coherent ecological networks that are more resilient to current and future pressures.
3.5.10 In the case of Girton Quarry, the approved restoration scheme provides nature conservation after uses which will also enhance the wider landscape, balanced with agriculture, and is consistent with the above.
3.5.11 Paragraph 13 confirms that planning authorities should set criteria based qualities against proposals for any development on or affecting protected wildlife or geodiversity sites or landscape areas will be judged and that distinctions should be made between the hierarchy of international, national and locally designated sites, so that protection is commensurate with their status and gives appropriate weight to the importance of contribution that they make to the wider ecological networks. In this case, the existing site at Girton Quarry is not located in such a sensitive area.
3.5.12 Paragraph 114 states that planning authorities should set out a strategic approach in their local plans “planning positively for the
Prepared by David L Walker Limited 14 July 2016
Tarmac Girton Quarry Planning Application to Vary Conditions to Facilitate an Extension of Time Supporting Planning Statement
creation, protection, enhancement and management of networks of biodiversity and green infrastructure”. The approved restoration scheme is already considered to make sustainable contributions to the objectives identified within the County LBAP and Landscape Character Plan.
3.5.13 Paragraph 118 confirms that local planning authorities should aim to conserve and enhance biodiversity by ensuring that significant harm resulting from development should be avoided or adequately mitigated or compensated for. The paragraph goes on to confirm that “opportunities to incorporate biodiversity in and around developments should be encouraged” and that planning permission should be refused for developments resulting in the loss or deterioration of irreplaceable habitats, including Ancient Woodland and the loss of aged or veteran trees found outside Ancient Woodland, unless the need for and benefits of the development in that location clearly outweigh the loss. The approved working and restoration schemes were subject to close scrutiny at the design stage to ensure that there are no impacts in this regard.
3.5.14 Paragraph 122 states that local authorities should focus on whether the development itself is an acceptable use of the land, and the impact of the use, rather than the control of processes or emissions themselves where these are subject to approval under pollution control regimes, and that where a planning decision has been made on a particular development, the planning issues should not be revisited through the permitting regimes operated by pollution control authorities. In the case of Girton Quarry, the proposals for an extension of time are entirely consistent with local and national policy and it is notable that the MPA has already accepted the location in principle by allocating the application site under the existing MLP.
3.5.15 Paragraph 123 states the planning policies and decisions should aim to avoid unreasonable noise, whilst Paragraph 124 confirms that planning policies should sustain compliance with and contribute towards national objectives for pollutants, taking into account the presence of Air Quality Management Areas. In this regard, a number of noise and dust management measures are in place by virtue of the extant planning consent and additional detail has been provided in the accompanying Environmental Statement.
3.5.16 On page 32 of the document, Section 13 relates to “facilitating the sustainable use of minerals” with Paragraph 142 stating “minerals are essential to support sustainable economic growth and our quality of life, it is therefore important that there is a sufficient supply of material to provide the infrastructure, buildings, energy and goods that the country needs”.
3.5.17 Importantly, Paragraph 144 states that planning authorities should “give great weight to the benefits of mineral extraction, including to the
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economy”. The operations at Girton Quarry, when operational again, will provide high quality construction materials to local infrastructure and development projects, consistent with the aims of sustainable development. The paragraph continues by stating that local planning authorities should ensure that in granting planning permission for mineral development where there are no unacceptable adverse impacts upon the natural or historic environment, human health and take into account the cumulative effects of multiple impacts of individual sites and/or from a number of sites in the locality.
3.5.18 Furthermore, reference is made to the fact that proposals should avoid “any unavoidable noise, dust and particle emissions and any blasting vibrations are controlled, mitigated or removed at source and appropriate noise limits are established at residential properties in the vicinity.” The existing operations have been undertaken with no known complaints, proving that the existing conditions provide an effective tier of regulatory control. The proposals seek to adhere to the quantitative conditions.
3.5.19 The paragraph also recommends that restoration and aftercare is provided at the earliest opportunity and that this should be carried out to high environmental standards through the application of appropriate planning conditions where necessary. The sequential manner of the working site is wholly consistent with the objective.
3.5.20 Paragraph 145 repeats the provisions of the now superseded Mineral Policy Statement 1 regarding landbank provisions stating that minerals planning authorities should plan for a steady and adequate supply of aggregates by “making provision for the maintenance of landbanks of at least seven years for sand and gravel and at least ten years for crushed rock, whilst ensuring the capacity of operations to supply a wide range of materials is not compromised” and ensure “that large landbanks bound up in very few sites do not stifle competition”. In this regard, the reserves at the application site already form part of the landbank.
3.5.21 Paragraphs 186 and 187 relate to the decision making process (for all types of development) and local planning authorities are advised that they should “approach decision taking in a positive way to foster the delivery of sustainable development” and “seek to approve applications for sustainable development where possible”. Paragraph 187 concludes by stating that authorities “should work proactively with applicants to secure developments that improve the economic, social and environmental conditions of the area”. This proposal satisfies these requirements through securing local jobs, providing a continued local source of high quality materials for construction projects and through the full implementation of a sustainable restoration concept.
3.5.22 Paragraph 188 relates to pre-application engagement and what is referred to as “front loading” and the paragraph confirms that early
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engagement has significant potential to improve the efficiency and effectiveness of the planning application system for all parties and that good quality pre-application discussion enables better coordination between public and private resources and improved outcomes for the community. The following paragraph states that local planning authorities have a key role to play in encouraging other parties to take maximum advantage of the pre-application stage, whilst the following paragraph states that the more issues that can be resolved at pre- application stage the greater the benefits, and for their role in the planning system to be efficient and positive, statutory consultees will need to make the same early proactive approach and provide advice in a timely manner.
3.5.23 Paragraph 196 confirms that the planning system is plan-led and that “planning law requires that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise and that the NPPF is a material consideration in the planning process.” Paragraph 197 states “in assessing and determining development proposals, local planning authorities should apply the presumption in favour of sustainable development”. The review of the development plan undertaken in the preceding sections confirms that the proposals are in full accordance with planning policy.
3.5.24 In respect of planning conditions and obligations the document confirms that “local planning authorities should consider whether otherwise unacceptable development could be made acceptable through the use of conditions or planning obligations and emphasise that planning obligations should only be used where it is not possible to address unacceptable impacts through a planning condition”.
Planning Practice Guidance (PPG)
3.5.25 In order to support and develop the themes set out in the NPPF, central government has released 41 Planning Practice Guidance documents. These provide guidance on administrative matters such as “Consultation and Pre-Decision Matters”, environmental matters such as “Air Quality”, and topic-specific matters such as “Minerals”.
3.5.26 The Minerals PPG has been reviewed in support of this policy assessment.
3.5.27 The Minerals PPG begins by defining a mineral resource in the case of aggregate as “bodies of rock that are, or may become, of potential economic interest due to their inherent properties”. The PPG notes the unique feature of minerals development in terms of location, temporary duration, potential for adverse and positive effects, and aftercare provisions.
Prepared by David L Walker Limited 17 July 2016
Tarmac Girton Quarry Planning Application to Vary Conditions to Facilitate an Extension of Time Supporting Planning Statement
3.5.28 The PPG considers matters such as safeguarding and site selection for preferred sites. Under the heading “Assessing Environmental Impacts from Minerals Extraction”, the importance of EIA is highlighted and the interaction with other non-planning regulatory regimes, confirming that planning should focus on whether or not the development is an acceptable land use, rather than controlling any given process. The section notes 21 headings under which assessments should be undertaken.
3.5.29 The PPG notes the importance of an agreed programme of works which should look to reduce impacts on the local environment and communities as far as practicable. The working and restoration schemes have been designed to reduce impacts on the local environment and local community. In consideration of restoration and aftercare, the PPG notes the roles of the operator and landowners in ensuring the implementation of such schemes.
3.5.30 The PPG then moves on to strategic planning and consideration of MASS and the landbank. This section replicates much of the minerals chapter of the NPPF but does expand on the importance of Local Aggregates Assessments (LAAs) and Aggregate Working Parties (AWPs), in providing a suitable context for the accurate definition of market conditions and projections.
3.5.31 In consideration of the landbank figure, the PPG recognises that “there is no maximum landbank level and each application for minerals extraction must be considered on its own merits regardless of the length of the landbank”. In this instance, it should be noted that the remaining reserves form part of the MPA’s landbank.
Prepared by David L Walker Limited 18 July 2016
Tarmac Girton Quarry Planning Application to Vary Conditions to Facilitate an Extension of Time Supporting Planning Statement
SECTION 4 NEED
4.1 This planning application is principally for an extension of time to allow the remaining sand and gravel reserves at the application site to be extracted prior to final restoration.
4.2 As the remaining sand and gravel reserves are currently permitted they form part of the County Council’s landbank.
4.3 Should planning permission for the proposals be granted, 8 jobs will be maintained at the application site.
4.4 Should the proposed extension of time not be permitted, the landbank will be reduced and the sand and gravel reserves would effectively be sterilised, which goes against the principles of sustainable development set out in the NPPF.
4.5 The County landbank for sand and gravel stands at 6.7 years and is therefore currently slightly below the recommended 7 years.
Prepared by David L Walker Limited 19 July 2016
Tarmac Girton Quarry Planning Application to Vary Conditions to Facilitate an Extension of Time Supporting Planning Statement
SECTION 5 STATEMENT OF COMMUNITY INVOLVEMENT
5.1 Operations at the application site are currently mothballed and therefore there is no active Liaison Group at present.
5.2 However Tarmac are fully prepared to establish a formal Quarry Liaison Committee for the Girton Quarry site.
Prepared by David L Walker Limited 20 July 2016
Tarmac Girton Quarry Planning Application to Vary Conditions to Facilitate an Extension of Time Supporting Planning Statement
SECTION 6 SUMMARY
6.1 This Supporting Planning Statement forms part of a planning application to vary Conditions 8 and 9 of Planning Consent 3/98/0800 and a planning application to vary Conditions 7 and 8 of Planning Consent 3/04/0394/CMM to facilitate an extension of time to 31 December 2035 to allow recovery of the remaining mineral reserves, with restoration to be completed within one year thereafter.
6.2 The consented mineral reserves form a significant part of the sand and gravel landbank for Nottinghamshire County Council.
6.3 Grant of planning permission for the proposed extension of time will prevent sterilisation of the remaining mineral reserves.
6.4 Granting planning permission for the proposals will enable Tarmac to preserve the employment opportunity for up to 8 staff (when full operations recommence at the site).
6.5 A full review of planning policy has been undertaken in support of the proposals and there are no material considerations which would warrant a refusal in this regard. Instead, there are a number of supporting policies, both existing and emerging, which would infer that the proposals support best practice and sustainable development.
Prepared by David L Walker Limited 21 July 2016
Tarmac Girton Quarry Planning Application to Vary Conditions to Facilitate an Extension of Time Supporting Planning Statement
Appendix 1 Planning Application Forms
Application for removal or variation of a condition following grant of planning permission. Town and Country Planning Act 1990. Planning (Listed Buildings and Conservation Areas) Act 1990
Publication of applications on planning authority websites. Please note that the information provided on this application form and in supporting documents may be published on the Authority’s website. If you require any further clarification, please contact the Authority’s planning department.
1. Applicant Name, Address and Contact Details
Title: First Name: Surname: .
Company name: Tarmac Trading Limited
Street address: Portland House
Bickenhill Lane Telephone number:
Solihull Mobile number:
Town/City: Birmingham Fax number:
Country: Email address: Postcode: B37 7BQ
Are you an agent acting on behalf of the applicant? Yes No
2. Agent Name, Address and Contact Details
Title: Mrs First Name: Georgina Surname: Snaize
Company name: David L Walker Limited
Street address: David L Walker Limited
89 Station Road Telephone number: 01246-431749
Eckington Mobile number:
Town/City: Sheffield Fax number: 01246-431863
Country: United Kingdom Email address: Postcode: S21 4FW [email protected]
Planning Portal Reference : PP-05218093 3. Site Address Details
Full postal address of the site (including full postcode where available) Description:
House: Suffix:
House name: Girton Quarry
Street address: Gainsborough Road
Girton
Town/City: Newark
Postcode: NG23 7HX
Description of location or a grid reference (must be completed if postcode is not known): Easting: 482803
Northing: 366942
4. Pre-application Advice
Has assistance or prior advice been sought from the local authority about this application? Yes No
If Yes, please complete the following information about the advice you were given (this will help the authority to deal with this application more efficiently):
Officer name: Title: Mr First name: Mike Surname: Hankin
Reference:
Date (DD/MM/YYYY): 04/03/2016 (Must be pre-application submission) Details of the pre-application advice received: EIA Scoping Opinion
5. Description of the Proposal
Please provide a description of the approved development as shown on the decision letter: Provision of a new plant site and access including all processing plant, stockpiles, site office and weighbridge and to vary phasing of the existing extraction and restoration
Application reference number: 3/04/00394/CMM Date of decision: 26/08/2004 Please state the condition number(s) to which this application relates: Condition number(s): 7 and 8
Has the development already started? Yes No If Yes, please state when the development was started: 31/08/2004
Has the development been completed? Yes No
6. Condition(s) - Removal
Please state why you wish the condition(s) to be removed or changed: To facilitate an extension of time to 31 December 2035 for completion of mineral extraction, with restoration to be completed within twelve months thereafter.
If you wish the existing condition to be changed, please state how you wish the condition to be varied: Condition 7: All mineral extraction shall cease on or before 31 December 2035 unless otherwise agreed in writing by the Mineral Planning Authority (MPA)
Planning Portal Reference : PP-05218093 6. Condition(s) - Removal
Condition 8: All restoration operations shall be completed on or before 31 December 2036 or within twelve months of the permanent cessation of mineral extraction, whichever is the sooner
7. Site Visit
Can the site be seen from a public road, public footpath, bridleway or other public land? Yes No
If the planning authority needs to make an appointment to carry out a site visit, whom should they contact? (Please select only one)
The agent The applicant Other person
8. Certificates (Certificate B)
Certificate of Ownership - Certificate B Town and Country Planning (Development Management Procedure) (England) Order 2015 Certificate under Article 14 I certify/ The applicant certifies that I have/the applicant has given the requisite notice to everyone else (as listed below) who, on the day 21 days before the date of this application, was the owner (owner is a person with a freehold interest or leasehold interest with at least 7 years left to run) and/or agricultural tenant (“agricultural tenant” has the meaning given in section 65(8) of the Town and Country Planning Act 1990) of any part of the land or building to which this application relates. Owner/Agricultural Tenant Date notice served
Name: Mr J Popplewell
Number: Suffix: House name: Housham Farm
Street: North Scarle 05/08/2016 Locality:
Town: Lincoln
Postcode: LN6 9HA
Name: Mr H A Scott
Number: 11 Suffix: House name:
Street: Dunham Close 05/08/2016 Locality: Newton-on-Trent
Town: Lincoln
Postcode: NG23 7AE
Name: Mr and Mrs Scott
Number: Suffix: House name: Marsh Gate Farm
Street: South Clifton 05/08/2016 Locality:
Town: Newark
Postcode: NG23 7AE
Name: Ms K M Griffiths
Number: Suffix: House name: Trent House
Street: South Clifton 05/08/2016 Locality:
Town: Newark
Postcode: NG23 7AH
Planning Portal Reference : PP-05218093 8. Certificates (Certificate B)
Name: Mr and Mrs Wilson
Number: Suffix: House name: Mill Lane Farm
Street: Mill Lane 05/08/2016 Locality: Wigsley
Town: Newark
Postcode: NG23 7ES
Name: Mr Wilkinson
Number: 23 Suffix: House name:
Street: Chapel Lane 05/08/2016 Locality: North Scarle
Town: Lincoln
Postcode: LN6 9EX
Name: Mr G Noble
Number: Suffix: House name: Weecar Farm
Street: New Lane 05/08/2016 Locality: Girton
Town: Newark
Postcode: NG23 7HY
Name: Mr M J Wells
Number: Suffix: House name: Moor Farm
Street: Station Road 05/08/2016 Locality: North Harby
Town: Newark
Postcode: NG23 7EL
Name: Trinity College Cambridge
Number: Suffix: House name:
Street: c/o Mr J Morgan-Smith, Savills 05/08/2016 Locality: Enfield Chambers, 18 Low Pavement
Town: Nottingham
Postcode: NG1 7DG
Name: Trustees of the Newcastle Estate
Number: Suffix: House name:
Street: c/o Mr E Tennant, Coke Turner & Co 05/08/2016 Locality: The Millyard, Rowsley
Town: Matlock
Postcode: DE4 2EB
Name: Mr and Mrs Chennells 05/08/2016
Planning Portal Reference : PP-05218093 8. Certificates (Certificate B)
Number: Suffix: House name:
Street: c/o Mr A Morrison, Alisdair Morrison & Partners
Locality: 26 Kirk Gate
Town: Newark
Postcode: NG 24 1AB
Name: Mr W S Wells
Number: Suffix: House name: Fir Tree Farm
Street: Station Road 05/08/2016 Locality: North Harby
Town: Newark
Postcode: NG23 7EJ
Title: Mrs First name: Georgina Surname: Snaize
Person role: AGENT Declaration date: 05/08/2016 Declaration made
9. Declaration
I/we hereby apply for planning permission/consent as described in this form and the accompanying plans/ drawings and additional information. I/we confirm that, to the best of my/our knowledge, any facts stated are Date 05/08/2016 true and accurate and any opinions given are the genuine opinions of the person(s) giving them.
Planning Portal Reference : PP-05218093 6. Condition(s) - Removal
Condition 9: All restoration operations shall be completed on or before 31 December 2036 or within twelve months of the permanent cessation of mineral extraction, whichever is the sooner
7. Site Visit
Can the site be seen from a public road, public footpath, bridleway or other public land? Yes No
If the planning authority needs to make an appointment to carry out a site visit, whom should they contact? (Please select only one)
The agent The applicant Other person
8. Certificates (Certificate B)
Certificate of Ownership - Certificate B Town and Country Planning (Development Management Procedure) (England) Order 2015 Certificate under Article 14 I certify/ The applicant certifies that I have/the applicant has given the requisite notice to everyone else (as listed below) who, on the day 21 days before the date of this application, was the owner (owner is a person with a freehold interest or leasehold interest with at least 7 years left to run) and/or agricultural tenant (“agricultural tenant” has the meaning given in section 65(8) of the Town and Country Planning Act 1990) of any part of the land or building to which this application relates. Owner/Agricultural Tenant Date notice served
Name: Mr J Popplewell
Number: Suffix: House name: Housham Farm
Street: North Scarle 05/08/2016 Locality:
Town: Lincoln
Postcode: LN6 9HA
Name: Mr H A Scott
Number: 11 Suffix: House name:
Street: Dunham Close 05/08/2016 Locality: Newton-on-Trent
Town: Lincoln
Postcode: LN1 2LH
Name: Mr and Mrs Scott
Number: Suffix: House name: Marshgate Farm
Street: South Clifton 05/08/2016 Locality:
Town: Newark
Postcode: NG23 7AE
Name: Ms K M Griffiths
Number: Suffix: House name: Trent House
Street: South Clifton 05/08/2016 Locality:
Town: Newark
Postcode: NG23 7AH
Planning Portal Reference : PP-05217825