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Town & Country Planning Act 1990

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Town & Country Planning Act 1990 Town Planning & Development Consultants TOWN & COUNTRY PLANNING ACT 1990 Joint Applications by Peel Environmental Ltd & Tetron Finningley LLP Proposal: Finningley Quarry Restoration Scheme Site at: Finningley Quarry, Old Bawtry Road, Austerfield, Doncaster, 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 Robin Hood 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 Yorkshire 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 A614 road; 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.
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