DEVELOPMENT CONTROL and REGULATION COMMITTEE 17 March 2009 a Report by the Head of Environment
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DEVELOPMENT CONTROL AND REGULATION COMMITTEE 17 March 2009 A Report by the Head of Environment _____________________________________________________________________ Application No 3/08/9017 District Eden District Council Applicant Hanson Quarry Products Parish Shap Rural and Thrimby Europe Ltd Date of Receipt 5 September 2008 _____________________________________________________________________ PROPOSAL Application for determination of Conditions under Review of old mineral planning permission (3/92/9013) in accordance with the Environment Act 1995. Shap Beck Quarry, Shap, Penrith, Cumbria, CA10 2NX _____________________________________________________________________ 1.0 RECOMMENDATION 1.1 That, having taken account of the environmental information in the Environmental Statement submitted with the application, planning permission is GRANTED for the reasons stated in Appendix 1 and subject to the conditions in Appendix 2. 1.2 That the planning assessment in Section 4 of this report shall form the basis of the statement required to be made public under Regulation 21 of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999. 2.0 THE PROPOSAL 2.1 This application is for the determination of conditions relating to planning permission 3/92/9013 (incorporating permission WCC491) which was granted consent in September 1993 in accordance with Section 95 of the Environment Act 1995. 2.2 The Environment Act 1995 places an obligation on planning authorities to undertake a Periodic Review of old mineral planning permissions every 15 years. The applicant has submitted a scheme of conditions supported by an Environmental Statement (ES) to assess the potential effects arising from continued operation of the permissions. 2.3 The National Park boundary runs through the north of the site which comprises the quarry working area. The County Council are the planning authority for that part of the site which falls outside the national park boundary, which consists of the plant and access. This application does not seek permission for new works at the site or within the quarry or to alter the current method of operation. 2.4 Shap Beck Quarry is a large limestone quarry of some 118ha lying 2m north of Shap village. The site is operated on a 24hr basis (weekdays) and produces approximately 750,000 tonnes of limestone per annum. The site operates a two- shift system employing 30 people (September 2008) and many more in associated activities. 2.5 The limestone deposit contains both high quality white limestone and standard quality pink limestone. The high-grade mineral is utilised in the manufacture of steel. Pink limestone is more often utilised as a general aggregate and roadstone and utilised locally and regionally. 2.6 This review relates to the 70.5ha of land known as the plant site where there are no active areas of mineral extraction. 2.7 Mineral is exported from the quarry by road and rail. There is a railway connection running through the site. Hanson operates its own fleet of Heavy Goods Vehicles and also sell directly to merchants who self collect. Sinter dust is transported to Corus Teeside plant at the present rate of one train per day, six days per week (in excess of 175,000tpa). Normally kiln stone is delivered by road to Corus Shap Fell at a present rate in excess of 275,000tpa. A small fleet of HGVs make deliveries on a semi- continuous basis. 2.8 The application includes a restoration scheme for the site. This comprises all plant and machinery and hardstanding removed, the land reprofiled to gentle undulating contours, construction of new fields, bounded by hedgerows and new stone walls, restoration of the larger areas to low maintenance grassland and approximately 8ha designated for nature conservation in three areas based upon the existing water management areas. This site is expected to continue working until 2042. 3.0 CONSULTATIONS AND REPRESENTATIONS 3.1 Eden District Council have no objections. 3.2 The Lake District National Park Authority consider that the operation of the quarry under the proposed conditions is unlikely to have an adverse impact on the National Park and therefore have no objections to the proposed conditions. 3.3 The Highway Authority have no objections and state that they are not aware of any problems occurring as a result of the present quarrying operations and the findings of the statement appear to be satisfactory. It is noted that no change to highway conditions are required. 3.4 The Highways Agency have no objections. 3.5 Shap Parish Council comment as follows: Effects of workings, stockpiles, elevators’ illumination at night. Whilst they appreciate the need for lighting they request that consideration is given for shielding on the lights to minimise light pollution. There is a persistent problem of dust pollution levels within the village from lorries leaving the site and dust being dragged through. They feel this needs to be monitored and reported on. Documentation states nearest dwellings are Brinns Farm and Southfield but Scarside Farm to the west of the quarry is the nearest and this has not been considered. As Scarside Farm is the nearest dwelling, test results from blasting should be monitored. The buildings and field walls at Scarside Farm shake from the blasting and the owners who live at the property and the tenant who grazes the land should be consulted with results from tests carried out as they have done at the two other properties mentioned. 3.6 The Environment Agency recommends a condition that mineral excavation shall not take place below the topographic surface shown on the submitted drawing. The Mineral Planning Authority should not agree to any excavation below this specified surface until or unless Hydro-geological Impact Assessment and Habitats Directive Appropriate Assessment has been undertaken, in respect of the potential impact on local groundwater resources, abstractions and conservation status sites, and that the proposed development has either been shown to have no adverse effects upon them or that adequate protection or mitigation measures have been agreed. 3.7 Natural England requested an appropriate assessment of the impacts of the development on the River Leith, which is a tributary of the River Eden Special Area of Conservation (SAC) and River Eden and Tributaries Site of Special Scientific Interest (SSSI). The key concerns relate to the potential for siltation, run-off and other pollutants affecting the River Leith during operation and future use; the potential for water quality to deteriorate as a result of quarrying activities and future use; water resource impacts such as alterations to river flows during operation and potential impacts of disturbance during quarrying. 3.8 An assessment under the Habitats Regulations has been prepared and this concluded that the scheme provides appropriate conditions to ensure that any adverse impacts are satisfactorily mitigated and as such the proposal would not adversely affect the integrity of the SAC and SSSI. They recommend a condition relating to Great Crested Newts. 3.9 Natural England are satisfied with the proposed restoration scheme and the soil restoration strategy. 3.10 Network Rail have recommended a number of conditions if there are any workings close to the railway line. 3.11 Local Members Mr Bird and Mr Strong have been notified. 3.12 Cllr M Tonkin, Eden District Council, comments that as there is no Thrimby Parish Clerk at the moment he has made extensive local inquiries and has had a tour of the quarry. Blasting takes place every two weeks and he noted that it had been 914 days since the last accident. The A6 outside the site is swept three times a week and Shap village is swept weekly. He visited three farms which are close to the quarry, two of which said they had no issues with the quarry and the third, Brinns Farm, no one was available to speak but he left his card if they had any issues. No response was received. He made further inquiries in Little Strickland where a local complained about the state of the road and wondered why there was no wheel wash. Another resident said some lorries left the site without any tarpaulin covers. He was not able to substantiate this allegation. He consulted the district councillor for Shap Rural and he reported no problems with the quarry workings. 4.0 PLANNING ASSESSMENT Environment Act 1995 4.1 The purpose of the legislation requiring that mineral working permissions are subject to periodic review, is to secure the updating of conditions to modern standards. Shap Beck Quarry is operated on the basis of two different permissions, one of which is for the working quarry which lies within the Lake District National Park. The other is under the 1993 consent for the plant, offices and access (the subject of this review). 4.2 As the working part of the quarry falls within the Lake District National Park boundary this is subject to a separate planning consent. It was last reviewed in 2004 and will be reviewed again in 2019. Access and Dust 4.3 Shap Parish Council has raised the issue of dust pollution in the village from wagons leaving the site. The schedule of conditions incorporates a requirement for dust suppression measures, including water spraying of haul and access roads, working areas, plant area and stockpiling areas in periods of dry weather. There is also a requirement for all vehicles to be sheeted when leaving the site and I am proposing a further condition requiring that all wagons leaving the site should be in a clean condition. A road sweeper sweeps the A6 three times a week and once a week through Shap Village. 4.4 Currently the haul route, which is tarmaced, has a continuous spray of water to clean tyres and during recent visits to the site this appears to be working satisfactorily.