Town Planning & Development Consultants

TOWN & COUNTRY PLANNING ACT 1990

Joint Applications by Peel Environmental Ltd & Tetron LLP

Proposal: Finningley Quarry Restoration Scheme

Site at: Finningley Quarry, Old Road, , , DN10 6HL

STATEMENT IN SUPPORT OF SECTION 73 PLANNING APPLICATIONS TO REMOVE & VARY CONDITIONS ATTACHED TO PREVIOUS PLANNING PERMISSIONS

Prepared by Paul Semple BA(Hons) MRTPI

November 2012

© Copyright JWPC Ltd: All rights reserved. No part of this publication may be copied, reproduced or transmitted in any format, or the format of the report be used, without prior permission from JWPC Ltd. 1.0 INTRODUCTION

1.1 This Planning Support Statement has been prepared to accompany three applications to vary or remove conditions attached to planning permissions related to restoration of previous sand and gravel workings at Finningley Quarry, Old Bawtry Road, Austerfield, Doncaster. They have been submitted by Peel Environmental Ltd, owners of the quarry and Tetron Finningley LLP, the intended operators.

1.2 The applications are made pursuant to Section 73 of the Town & Country Planning Act 1990 (as amended) and seek to vary or remove conditions attached to planning permission 10/03132/WCC, 10/03137/WCC and 10/03140/WCC, as a result of a change to the vehicular access to the quarry, the subsequent phasing of restoration work and the use of different materials for infilling.

1.3 The Statement is in six sections and comprises:

1.0 Introduction 2.0 Site & Surrounding Area 3.0 Relevant Planning History 4.0 Planning Applications 5.0 Planning Policies 6.0 Planning Considerations

1.4 The planning applications are accompanied by reports by AAe on:

 a Restoration Dust Management Strategy  a Noise Monitoring Scheme  a Hydrogeological Risk Assessment 2.0 SITE & SURROUNDING AREA

2.1 Finningley Quarry has a long history of mineral extraction as a sand and gravel quarry since the 1950s. Since the cessation of quarrying activities, a central portion of the void that remained from the extraction operation was infilled by Biffa Waste Services between 1977 and 1995. The landfill operations at the site were never formally completed and not all areas of the former quarry have been fully restored. As a consequence, the site currently comprises an irregular landform with poor and inappropriate transitions to the surrounding landscape and provides no amenity value.

2.2 The site is located in a predominantly rural area, approximately 1.6km south of the village of Finningley. It is located adjacent to the runway at Airport. The former Biffa waste management site is located immediately north of the site, beyond which lies woodland. The access road for the waste management site also serves Doncaster Moto Park which lies to the north and east of the site. Old Bawtry Road, previously known as New Lane, runs along the western boundary of the site, joining the A614 at a roundabout to the south. 3.0 RELEVANT PLANNING HISTORY

3.1 Reference to Council records shows that planning permission was granted by South Council in October 1984, under reference D84/06/548 (the 1984 permission) for the extension of an existing tip on the site to “facilitate restoration of previous sand and gravel workings”. This permission imposed a number of conditions, including an agreed means of access to and from the site by heavy commercial vehicles; agreed details regarding a programme of tipping/restoration/aftercare works; and a progressive tipping and restoration scheme, including depth of top and sub-soil.

3.2 In 1997 an application (reference 97/06/1671/P/REV) (the 1997 permission) for determination of conditions attached to a number of planning permissions granted between 1955 and 1966 for sand and gravel workings under the requirements of the Environmental Act 1995 (Minerals Review) resulted in a new schedule of conditions being issued.

3.3 In 2010 three applications (the 2010 applications) were submitted, two seeking variation of conditions attached to the 1984 and 1997 permissions and one planning permission for various on and off site infrastructure works. These applications are described in more detail in the following paragraphs.

Application 10/03137/WCC

3.4 This application sought to finalise the restoration of the quarry to a regular land form, amend the restoration of the site through the creation of a nature park, together with an aviation viewing platform. The application was made pursuant to Section 73 of the Town & Country Planning Act 1990 (as amended) and sought to vary conditions attached to the 1997 permission. The application was approved in January 2011 with three conditions, including condition 3 which restricted all access to the southern end of the site, and condition 1, which removed the three relevant conditions from the 1997 permission, but required the permission to be implemented in conjunction and compliance with all other conditions in the 1997 permission. Application 10/03132/WCC

3.5 This application sought to vary three conditions attached to the 1984 permission concerning, as with application 10/03137/WCC, an amended revised access, landscaping details and phasing of the restoration scheme. This application was also approved in January 2011, but with 41 conditions of which two (13 & 15) required submission of a noise monitoring scheme and a dust emission and propagation scheme within three months of the date of permission.

Application 10/03140/FUL

3.6 This application sought planning permission for the realignment of the access road to the quarry (Old Bawtry Road/New Lane) from its roundabout junction with the ; the provision of a new southern access into the site with associated site office and weighbridge; the construction of a car park to serve the proposed nature park and an aviation viewing platform and bird hides, and other ancillary infrastructure including fences and gates.

3.7 Planning permission was granted in January 2011, with a number of pre- commencement conditions and restricting development to details shown on the submitted and approved plans.

3.8 The 2010 applications were accompanied by a comprehensive supporting Statement which covered the following technical/environmental issues:

 Planning Policy Appraisal  Landscape & Visual Assessment  Ecology & Nature Conservation Assessment  Transportation Assessment  Noise Impact Assessment  Air Quality Assessment  Geology, Hydrology & Hydrogeology Assessment  Surface Water Drainage & Flood Risk Assessment  Archaeology & Heritage Assessment

Other Relevant Planning Applications

3.9 The former Biffa Waste management site used for the reception, stockpiling and processing of waste material used in the infilling of the quarry, was the subject of the following:

Application 99/06/1441/P/FUL

3.10 This application obtained planning permission for the erection of a waste recycling facility for Finningley Quarry, on behalf of Biffa Waste Services. This permission, granted in November 1999, was time-limited to 12 years from the date of commencement of the approved development. There is no note of the exact date of implementation, but it has now expired. 4.0 PLANNING APPLICATIONS

4.1 The three Section 73 applications, subject of this support statement, result from:

 The proposed use of the existing vehicular access to the former Biffa waste management site at the northern end of Old Bawtry Road rather than the southern access point, approved under the 2010 permissions;

 The proposed use of primarily Class 4 landscaping materials for infilling purposes, rather than the previously approved non-hazardous waste.

Use of the northern vehicular access point and the associated land as a waste reception facility, which is the subject of a separate planning application under Section 38(6) of the Planning & Compulsory Purchase Act 2004, means the approved infrastructure associated with the southern access is no longer needed.

4.2 It is Peel Environmental Ltd/Tetron Finningley LLP’s intention that the restoration scheme will be completed with inert and non-hazardous material (low reactivity) with no need for cell development or protective linings. The applications are supported by a Hydrogeological Risk Assessment that sets out the levels of potential determinants that could be placed and not worsen the groundwater quality. Any import of material would be strictly controlled to ensure these standards are complied with. In addition the final 1 m below formation level will comply with a standard protective for public open spaces to be agreed with the Local Authority.

4.3 With fill material being brought into the quarry from a point further north, rather than from the approved southern access point, there is a need to submit a revised phasing plan.

4.4 Overall, however, the proposals will result in the same landscape form and offer the same recreational facilities as approved in 2010: a mixed grassed and wild flower meadow with existing and proposed scrub/woodland, a raised viewing platform, public footpaths, retention and provision of ponds and conservation/mitigation areas for flora and fauna. 4.5 The submitted Section 73 applications and the conditions they seek to vary or remove are described in more detail in the following paragraphs.

4.6 Application 1 – Section 73 of the Town & Country Planning Act 1990 (as amended) to remove or vary conditions on planning permission 10/03132/WCC.

For ease of reference, all 41 conditions attached to this substantive permission are detailed and set out in Appendix 1 together with any relevant proposed changes. In summary, Application 1 seeks to remove the following conditions for the reasons stated:

4 A revised vehicular access point to the immediate north of the landfill site is now proposed utilising an existing entrance to a former waste recycling facility site.

21 With a revised vehicular access point off site a drained, surfaced, sealed and marked out parking space is not need.

25 It is not now proposed to line and cap the landfill area and this is no longer necessary for the type of materials proposed to be used in infilling the quarry.

29 The proposed waste reception area is now proposed to be on land north of the existing landfill site on land previously used as a waste reception facility by the previous operatives.

31 No external lighting is proposed.

And to vary conditions:

3 A revised restoration plan (902-01-004 Rev 5) now accompanies the application. No changes have been made to the final form of restoration; revisions have been made to remove the southern access and compound and the dirty water tank.

5 As approved drawings and specifications listed in this condition are to be superseded by those omitting the southern entrance and the proposed associated infrastructure. Material imported for use in the restoration will comply with appropriate engineering specifications (primarily Class 4) and chemical standards protective of the water environment and human health. As a result, the sections will be varied, as cells with linings and a dirty water tank will not be required. All material will be brought through the northern entrance meaning that phasing will also be varied. Revised drawings accompany the application, although the final form of the restoration will be consistent with the previous application

6 & 8 The approved drawing for tipping activities is a phasing plan, which will be altered because of the northern entrance. A revised phasing plan accompanies the application. . 13 This required a noise monitoring scheme to be submitted by 19 April 2011. A proposed scheme now accompanies this application.

15 This required a dust minimising scheme to be submitted by 19 April 2011. A proposed dust management scheme now accompanies this application.

22 It is proposed to complete restoration within a shorter time frame than the previously stated 10 years and correspondingly the number of vehicle movements to and from the site will be greater, but will take place over a shorter time period.

28 A revised restoration plan (902-01-004 Rev. 05) now accompanies this application as it is no longer necessary to cap restored surfaces.

30 As part of the previously approved restoration works it was a requirement that the dirty water tank remain. With use of imported material complying to strict engineering and chemical specifications, such a tank is no longer required and has been removed on the revised restoration plan. 35 As the phasing plan is to be altered.

4.7 Application 2 – Section 73 of the Town & Country Planning Act 1990 (as amended) to remove a condition on Planning Permission 10/03137/WCC

3 As the access point will be to the north of the existing landfill site.

4.8 Application 3 – Section 73 of the Town & Country Planning Act 1990 (as amended) to remove and vary conditions on Planning Permission 10/03140/FUL

To remove conditions:

9 As no waste reception infrastructure is proposed on the site.

11 No external lighting is proposed.

To vary conditions:

2 As a northern entrance is now proposed.

3 As approved drawings and specifications listed in this condition are to be superseded by those omitting the southern entrance and the associated infrastructure. Material imported for use in the restoration will comply with appropriate engineering specifications (primarily Class 4) and chemical standards protective of the water environment and human health. As a result, the sections will be varied, as cells with linings and a dirty water tank will not be required. All material will be brought through the northern entrance meaning that phasing will also be varied. Revised drawings accompany the application, although the final form of the restoration will be consistent with the previous application.

8 As a northern entrance and associated infrastructure is now proposed. 10 As a dirty water tank is no longer necessary, as material used in the restoration will be compliant to strict chemical specifications protective of the water environment. The revised restoration plan accompanying the application removes the dirty water tank but the final restoration form remains the same.

4.9 Each application is accompanied by the relevant drawings and supporting documents, separately listed for ease of reference. 5.0 PLANNING POLICIES

5.1 At the time of submission of the 2010 applications the principal Statutory Development Plan was the Doncaster Unitary Development Plan (UDP), adopted July 1998, and the subsequent ‘saved’ policies. Other material planning considerations were judged to comprise PPS 10: Planning for Sustainable Waste Management, the Waste Strategy for , May 2007, and the Barnsley, Doncaster & Rotherham Joint Waste Prep-Publication Consultation Document, Summer 2010.

5.2 Since the submission of the 2010 applications, many of the saved UDP policies have been superseded by those in the recently adopted Core Strategy 2011-2028 and the Barnsley, Doncaster & Rotherham Joint Waste Plan, March 2012, which has Core Strategy status. All Planning Policy Statements and Planning Policy Guidance Notes have now been superseded by the National Planning Policy Framework (NPPF). In June 2011 the Government published its Review of Waste Policy, which replaced the 2007 Waste Strategy.

5.3 The application site is allocated as a Countryside Protection Policy Area in the Proposals Map of the adopted Doncaster Council Core Strategy 2011-2028. Policy CS3 of that document states that development proposals in such areas, outside of development allocations, will only be supported where they would protect and enhance the countryside, not be visually detrimental by reason of siting, not create or aggravate highway or amenity problems and preserve the openness of such protected areas.

5.4 Policy CS16, on Valuing the Natural Environment, is supportive of proposals which enhance the area’s ecological networks. Policy CS17 on Providing Green Infrastructure is supportive of proposals which make an overall contribution to the area’s green infrastructure network.

5.5 Finningley Quarry is not an identified safeguarded landfill site in the Barnsley, Doncaster & Rotherham Joint Waste Plan (JWP) but has a consented restoration scheme which has been partially implemented. Policy WCS4 of the JWP is permissive of proposals for waste development on non-allocated sites, including landfill sites, providing they can demonstrate they do not significantly adversely affect the character or amenity of the site or the surrounding area. Policy WCS5 on landfill requires that schemes for the reclamation of mineral workings meet certain criteria and the supportive text to that policy states that “in some cases, landfill can provide opportunities to restore and recreate new landscapes and habitats at former quarries … such as golf courses and country parks”. Policy WCS6 is concerned with general considerations for all waste management proposals and sets out a list of criteria which they have to demonstrate, including adequate highway capacity to accommodate additional vehicles generated; adequate space on site for vehicles to enter, wait, unload and leave safely; and the provision of adequate means of controlling noise, dust and other matters. The same policy requires sufficient information to demonstrate how proposals comply with the above criteria, as well as the amount and type of waste to be handled, hours of working, life of the operation etc.

5.6 The NPPF, published in March 2012, emphasizes that planning law requires that applications for planning permission must be determined in accordance with the Development Plan unless material considerations indicate otherwise. At its heart is the need to achieve sustainable development, of which one of its dimensions is its environmental role, including the protection and enhancing of the natural, built and historic environment. On conserving and enhancing the natural environment, paragraph 109 of the NPPF states that the planning system should contribute to and enhance the natural and local environment by, amongst other things, remediating and mitigating despoiled, degraded and derelict land. 6.0 PLANNING CONSIDERATIONS

6.1 Planning permission exists both for the extraction of sand at Finningley Quarry, by virtue of a number of historical mineral permissions, consolidated in 1997, and for the tipping of waste at the site, by virtue of planning permission granted in 1984.

6.2 Through the submission of Section 73 planning applications in 2010 to vary the conditions on the 1984 and 1997 permission and a full planning application submitted at the same time, planning permission exists for the creation of a southern access into the quarry from Old Bawtry Road, with on-site waste recycling facilities adjacent to that entrance, the creation of a nature park, an aviation viewing platform, bird hides and other ancillary infrastructure. These applications were accompanied by a supporting statement that covered the technical/environmental issues detailed in paragraph 3.8. Many of the assessments stand and where there are variations or further details (i.e. noise monitoring and dust management) these have been provided and accompany this application.

6.3 The intention remains to infill the quarry to the same profile and to create the previously approved landscaped nature park, aviation viewing platform and provide the ancillary infrastructure and flora and fauna habitats, as shown on drawing 902- 01-004 Rev 5.

6.4 Accompanying the applications are reports by AAe on the dust management and a noise-monitoring strategy for the restoration of the quarry. These detail how the haulage operations and site management measures proposed ensure best practices are in place to make sure dust and noise emissions are kept within all acceptable limits and requirements. In summary, all haulage operations onto site, concerned with the importation of plant and fill material, will be via the internal haulage road, which will be maintained with processed hardcore and cleared by bowsers. A wheel wash will ensure dust and mud is cleaned from all haulage vehicles when leaving the site. Dust control measures will include restrictions in strong winds, the use of suppressive systems for any potential fugitive dust, restrictions on drop heights of materials and storage mounds. The dust management strategy and noise monitoring scheme reports give fuller details and also accompany the Section 73 application to discharge the relevant conditions attached to Notice of Permission 10/03132/WCC concerned with the restoration of the quarry.

6.5 It is estimated that the restoration of the remaining void of the quarry will involve the importation of circa 1.6 million tonnes, dependent on exact composition.

6.6 The types of material to be used in the restoration of the quarry can be summarised as:

Access Track: Class 6 from Series 600 or Type 1 or 2 specifications from Series 800 Landscape Fill: Class 4 specification of Series 600 Lightweight fill separation layer of pulverised fuel ash: Class 2A of Series 600 Topsoil: Class 5 of Series 600 Subsoil: Class 2 of Series 600

6.7 All imported materials will comply with protective chemical standards outlined in the Hydrogeological Risk Assessment, accompanying the applications.

6.8 The exact types of material to be used in infilling the quarry will be determined according to the waste available for recovery during the period of restoration, for example from local demolition projects or construction works.

6.9 The previous planning permission restricted the hours of working to 0700-1830 hours Monday to Friday and 0700-1300 Saturday, with no working on Sundays, Public or Bank Holidays. The same hours of working are now applied for. It is estimated that there will be six staff employed on site.

6.10 The reasons for the current Section 73 applications result primarily from the decision to use an existing vehicular access to the quarry from Old Bawtry Lane, rather than use a new one, permitted in 2010, and to use imported materials that do not need the previously approved cells, basal linings and capping layers. 6.11 Whilst many of the applicable planning policies covering restoration of the quarry and the area in general, current at the time of the 2010 applications, have now been superseded, the replacement Development Plan Policies are supportive of proposals in a Countryside Protection Policy Area that enhance the countryside, its ecological networks and make an overall contribution to its green infrastructure network.

6.12 The proposed completion of the restoration of Finningley Quarry will conform to these policy requirements and ensure, in line with NPPF guidance, that it will enhance the natural and local environment by remediating and mitigating despoiled, degraded and derelict land. FINNINGLEY QUARRY, OLD BAWTRY ROAD, AUSTERFIELD

VARIATION & REMOVAL OF CONDITIONS ATTACHED TO NOTICE OF PERMISSION 10/03132/WCC

Plans accompanying application:

 Site Boundary Plan – Drawing No: 113071/P/001  Revised Restoration Plan 902-01-004 Rev 5  Existing Topography and Infrastructure – Drawing No: 113071/P/002  Sections – Drawing No: 113071/P/003  Phasing Plan – Drawing Nos: 113071/P/004 A, B & C

Documents accompanying application:

 Planning Support Statement  Hydrogeological Risk Assessment  Noise Monitoring Scheme  Dust Management Strategy

Revised list of drawings:

902-01-001 – REPLACED by 113071/P/001 902-01-002 – STILL VALID 902-01-003 – REMOVED 902-01-004 rev 04 – REPLACED by 902-01-004 rev 05 902-01-006 – STILL VALID 1136/2/001 – REPLACED by 113071/P/002 (roundabout alterations shown in 902-01-004 rev 05) 1136/2/002 – REMOVED 1136/2/003 – REPLACED by 113071/P/003 1136/2/004 – REMOVED (covered by 113071/P/003) 1136/2/005 – REPLACED by 113071/P/004 1136/2/006 – REMOVED 1136/2/007 Rev 02 – STILL VALID 1136/2/008 – REMOVED (covered in separate WRF application) FINNINGLEY QUARRY, OLD BAWTRY ROAD, AUSTERFIELD

VARIATION & REMOVAL OF A CONDITION ATTACHED TO NOTICE OF PERMISSION 10/03137/WCC

Plans Accompanying application:

 Site Boundary Plan – Drawing No: 113071/P/001

Documents accompanying application:

 Planning Support Statement FINNINGLEY QUARRY, OLD BAWTRY ROAD, AUSTERFIELD

VARIATION & REMOVAL OF CONDITIONS ATTACHED TO NOTICE OF PERMISSION 10/03140/WCC

Plans Accompanying application:

 Site Boundary Plan – Drawing No: 902-01-001  Existing Topography and Infrastructure – Drawing No: 113071/P/002

Documents accompanying application:

 Planning Support Statement