7 Agenda Item 7
DEVELOPMENT CONTROL AND REGULATORY BOARD
15TH SEPTEMBER 2016
REPORT OF THE CHIEF EXECUTIVE
COUNTY MATTER
PART A – SUMMARY REPORT
APP. NO. & DATE: 2016/0916/07 – 6th July 2016
PROPOSAL: S73 planning application to vary condition 8 of planning permission no. 2013/0983/07 in order to defer the restoration of Measham Fields Farmhouse.
LOCATION: Land to the south of Swepstone Road forming part of the Minorca Surface Mine, between the villages of Measham and Swepstone (North West Leicestershire District).
APPLICANT: UKCSMR Ltd.
MAIN ISSUES: Landscape and visual amenity.
RECOMMENDATION: PERMIT subject to 8 conditions as set out in the appendix to the main report.
Circulation Under Local Issues Alert Procedures
Mr. S. D. Sheahan, CC and Miss H. Worman, CC
Officer to Contact
Mr. J. Wright (Tel. 0116 305 7041) E-Mail: [email protected] 8
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PART B – MAIN REPORT
Background
1. UK Coal Ltd submitted a planning application in July 2009 (2009/0720/07) for the extraction of coal and fireclay and subsequent restoration to agriculture, woodland and nature conservation on land to the east of Gallows Lane and between Swepstone Road and Bosworth Road, between the villages of Measham and Swepstone. In June 2011, the Development Control and Regulatory Board resolved to grant permission subject to conditions and a S106 legal agreement (the 2011 permission). The site is known as the Minorca Surface Mine and preparatory works commenced in June 2012, with the first coal being extracted four months later in October of 2012.
2. Condition 9 of the 2011 permission requires the whole of the site to be restored no later than 6th June 2017 – five years from the start of the preparatory works.
3. The 2011 permission area extends to 130 hectares, but did not include the farmhouse and outbuildings at Measham Fields Farm, with the limit to extraction forming a ‘u’ shape around this property. Subsequent to the 2011 permission being issued, the operator acquired the rights to demolish the buildings and work the underlying mineral and an application for this relatively minor extension to the existing site was submitted in 2013 (2013/0983/07). The description of the proposed development was as follows:
Application for an extension of the existing Minorca Surface Mine site (at Measham Fields Farm) for the extraction of coal and fireclay by surface mining means with restoration to agricultural dwelling, agriculture and nature conservation - Land to the south of Swepstone Road and north of the existing Minorca Surface mine
4. At the same time a S73 planning application was submitted to vary conditions of the 2011 permission to ensure that the two sites could be worked as one large site. These applications were approved in October 2014 and works began on the extension site soon after, including the temporary stopping up of the access to the farm from Swepstone Road.
5. Condition 8 of permission no. 2013/0983/07 requires that the whole site (including the restoration of the agricultural dwelling (Measham Fields Farmhouse)) be restored by the same deadline as originally imposed by the 2011 i.e. 6th June 2017.
6. All the coal and clay has been extracted and removed from the extended Minorca site and restoration works are well underway. It is considered that the wider site will be largely restored by the end of 2016.
Location of Proposed Development and Description of site
7. The application site comprises 1.84 hectares in the north of the Minorca surface mine. The site was accessed off Swepstone Road, at a point about 600 metres to the south east of the junction between Swepstone Road and Gallows Lane. While the bell mouth access remains, a soil bund has been erected along the 9
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frontage with Swepstone Road, forming the northern boundary of the site. The rest of the Minorca Surface Mine site abuts the site on all other sides. The centre of Measham is about 1.5 km to the west of the site. No public rights of way are affected by the proposed extension.
8. The extension site included the Measham Fields Farmhouse and numerous barns and outbuildings. Other residential properties close to the application area include the following: . Crossroads Cottage – about 500 metres to the north west; . The Bungalow – about 545 metres to the west; . Four properties at Bosworth Grange - > 700 metres to the south; . Measham Hall – about 500 metres to the north west; . Stanhope House – about 360 metres to the west.
9. The Gilwiskaw Brook flows north to south through the middle of the Minorca site and into the River Mease, about 1.6km to the south west of the application site. The Gilwiskaw Brook is designated as a SSSI and forms part of the River Mease Special Area of Conservation. The watercourse is therefore considered to be of international importance for nature conservation.
Description of Proposed Development
10. This application is seeking permission to defer the restoration of the agricultural dwelling (Measham Fields Farmhouse) by five years from 6th June 2017 until 6th June 2022. This date theoretically coincides with the latest end date of the five-year period of aftercare on those parts of the wider Minorca site being returned to agricultural use – which includes the current application area.
11. The land on which the agricultural dwelling is to be rebuilt has recently been backfilled and had restoration soils placed on it. The applicant considers that the proposed five year deferment will allow the land to settle sufficiently to support the erection of the replacement agricultural dwelling at this point.
12. The applicant has not applied to defer any other elements of the restoration works across the Minorca site and as stated above, the wider site is likely to be completely restored by the end of 2016.
Planning Policy
National Policy
13. The National Planning Policy Framework (NPPF) provides the government’s policies for the delivery of sustainable development through the planning system. At paragraph 14 it advocates a presumption in favour of sustainable development, and for decision-taking this means (unless material considerations indicate otherwise): • approving development proposals that accord with the development plan without delay; and, • where the development plan is absent, silent or relevant polices are out-of date, granting permission unless: 11
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- any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against NPPF policies; or - specific polices in the NPPF indicate development should be restricted.
14. Paragraph 17 of the NPPF includes core planning principles to underpin both plan- making and decision-taking. The principles aim to ensure that planning should inter alia: be plan-led; support sustainable economic development; and conserve and enhance the natural environment.
The Development Plan
15. The relevant Development Plan Documents are the Leicestershire Minerals Core Strategy and Development Control Policies (Oct 2009) and saved policies of the North West Leicestershire Local Plan (2002) and the Leicestershire Minerals Local Plan 1995. Particularly relevant policies in the Development Plan are summarised below.
Leicestershire Minerals Core Strategy and Development Control Policies
16. Policy MCS 11 seeks to protect and enhance the natural and built environment and states:
‘The strategy for environmental protection is to protect and enhance the natural and built environment of Leicestershire by ensuring that • there are no unacceptable adverse impacts from minerals development on: (i) natural resources including water, air and soil; (ii) the character and quality of the landscape; (iii) biodiversity, including nationally and internationally important sites and the key habitats and species identified in relevant Biodiversity Action Plans; (iv) sites of geological interest; (v) historic and cultural features of acknowledged importance; (vi) the distinctive character and setting of settlements within Leicestershire; and (vii) residential amenity; • the highest standards of operational practice for the management, working, restoration and aftercare of sites are adopted; • development is designed to a high standard, incorporates sustainable construction principles and includes appropriate landscaping.‘
17. Policy MCS 14 states ‘the strategy for minerals development within the National Forest outside of the Charnwood Forest area is to reflect the National Forest Strategy by making provision for the planting of woodlands, habitat creation, the creation of new leisure and tourism facilities and/or for public access.’
18. Policy MCS 17 states that ‘the strategy for the reclamation and future use of mineral sites is to ensure that: land is reclaimed at the earliest opportunity and that high quality restoration and aftercare takes place to an appropriate after-use that enhances and complements the natural and historic environment and that is in keeping with the local area, including its landscape character and with due regard to the setting of historic assets, adding to local distinctiveness and biodiversity 12
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having regard to the County’s Biodiversity Action Plan, Landscape and Woodland Strategy, and the National Forest Strategy; industry uses best practice at the time which seeks to minimise future public safety hazards and ground stability problems which can arise from the legacy of mineral workings.
The following after-uses will be sought in appropriate cases:
(i) woodland planting, particularly in the National Forest; (ii) creation of new wildlife habitats; (iii) water-based recreational schemes; (iv) public access and improvements to the public rights of way network including links to surrounding green infrastructure.’
19. Policy MDC18: Planning Conditions lists the matters that will be controlled through the use of planning conditions attached to a planning permission for minerals development.
20. Policy MDC20: Reclamation and Aftercare states that planning permission for minerals development will not be granted unless satisfactory provision has been made for the reclamation and after-use of the site and where necessary its long term management. Reclamation plans should be submitted with the planning application.
Leicestershire Minerals Local Plan Review
21. Saved policy MLP Policy 2: Assessment of Proposals sets out a list of factors that will be taken into account in assessing proposals for mineral extraction.
North West Leicestershire District Local Plan
22. Policy F1 states that ‘new development within the boundaries of the National Forest, identified on the Proposal Map, should reflect the importance of the National Forest context by making appropriate provision for landscaping and tree planting.’
23. Policy F2 states that ‘in seeking to maximise the potential for tree planting under Policy F1, and in assessing the appropriateness of the landscaping and planting schemes for individual development proposal within the Forest, the planning authority will have regard to: (a) the existing landscape character of the site and the surrounding area; (b) the extent to which the proposal achieves the relevant level of planting as set out in the guidelines (c) any physical, ecological or environmental constraints affecting the site; and (d) the scale, type and value of the development.’
Consultations
North West Leicestershire District Council - Planning
24. No reply received at the time this report was published.
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Measham Parish Council
25. The Parish Council has no objections to this application however they would like it to be ensured that the site is secured from unauthorised absence and maintained to a high standard.
Snarestone Parish Council
26. No response received at the time this report was published.
Publicity
27. The proposal was advertised by way of a site notice posted on 15th July 2016. The application was also discussed at length at the Minorca Liaison Committee held on rd 3 August 2016. No representations have been received.
Assessment
28. This application is for permission to defer for five years the rebuilding of the Measham Fields Farmhouse that was demolished under permission no. 2013/0983/07 to allow for coal extraction to take place below where it once stood. The application is not seeking the deferment of any other element of the approved restoration scheme.
29. Condition 8 of the aforementioned permission requires that the whole site shall be restored by 6th June 2017, which by referring to the title of the development approved includes the rebuilding of the agricultural dwelling. However, the land upon which the replacement dwelling is to be built has recently been restored to final levels and has had soils placed on it. The applicant is concerned about building a property on land recently subject to backfilling operations and considers that a five-year time extension in which to build the replacement agricultural dwelling is sufficient to allow the land to settle.
30. It is considered that the proposed deferment of the requirement to replace the agricultural dwelling is acceptable in principle, however, it is also necessary to consider how the frontage of the site along Swepstone Road will be left and maintained during this period.
31. The approved restoration scheme shows all the soil bunds along the front being removed and a woodland belt around 15m in depth planted along the frontage save for that part where the retained access point is. The access point is currently stopped up by soil bunds close to the boundary with Swepstone Road.
32. It is considered appropriate, in the interests of local visual amenity, that the current bund be removed, that the proposed woodland planting takes place in the coming planting season and that agricultural gates are fitted across the access point. While this may open this part of the site up to potential unlawful access by itinerants, it is considered that a five year delay in restoring and improving the frontage in this location would be unacceptable.
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Conclusion
33. It is considered that, in the circumstances, the applicant’s request to defer the rebuilding of the agricultural dwelling on the site is acceptable and that it may be inappropriate to commence such a development on land so recently restored by backfilling operations.
34. The main concern relates to how the rest of the application site, in particular the Swepstone Road frontage, will be left in the meantime. In this instance it is considered appropriate to impose conditions requiring planting works and an agricultural gate to be erected in the coming planting season.
Recommendation
A. Permit subject to the conditions, as set out in the appendix.
B. To endorse, as requested by The Town & Country Planning (Development Management Procedure) Order 2015 (as amended) a summary of how Leicestershire County Council worked with the applicant in a positive and proactive manner:
In dealing with the applications and reaching a decision account has been taken of paragraphs 186 and 187 of the National Planning Policy Framework. 15
2016/0916/07 – continued APPENDIX Conditions
1. This permission shall relate only to the restoration of the agricultural dwelling formerly known as ‘Measham Fields Farmhouse’ at the Minorca Surface Mine.
2. The development of the new agricultural dwelling shall be begun within five years of the date of this permission.
3. Notwithstanding condition 2, approval of the following details relating to the replacement farmhouse shall be obtained from the County Planning Authority in writing before any works to erect the farmhouse commence:
i. The size and scale of the proposed replacement farmhouse and any agricultural buildings proposed in relation to its surroundings; ii. The appearance of the development including representative samples of the materials to be used externally in the construction of all buildings, and iv. The landscaping of the site including treatment of private space.
4. In all other respects the application site shall be restored no later than 6th June 2017 and only in accordance with the restoration scheme and drawing no. 193D03D dated 17th June 2009 approved under condition 51 of permission no. 2013/0983/0.
5. Notwithstanding the requirements of condition 4 above, the temporary bund along Swepstone Road shall be removed and the new woodland planting approved along the frontage of the application site with Swepstone Road shall be completed by no later than 31st March 2017.
6. Notwithstanding the requirements of condition 4 above, by no later than 31st March 2017 a new agricultural gate shall be erected across the existing access off Swepstone Road, the details of which shall have previously been approved in writing by the Director of Law and Governance.
7. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, as amended, and unless otherwise approved by other conditions attached to this permission, no buildings, plant, structures or machinery, excluding mobile plant and machinery, shall be erected on the site without the prior written approval of the County Planning Authority following submission of relevant details and plans.
8. In all other respects development on the site shall take place in accordance with the requirements of planning permission ref. 2013/0983/07.
Reasons
1&8. For the avoidance of doubt and to ensure a satisfactory form of development.
2. To ensure that the replacement agricultural dwelling is commenced within an appropriate timeframe.
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3. To ensure that the design and appearance of the replacement agricultural dwelling is of an acceptable standard.
4,5 To ensure that the remainder of the application site is restored in accordance with &6. the approved restoration scheme and to the timescale set for restoration of the wider Minorca Surface Mine site.
7. To retain control of the siting, design and appearance of plant, buildings and machinery which may have an effect on the amenities of the area.