Tarmac Ltd. – Planning Application for the Continuation and Extension of Sand and Gravel Extraction – Cadeby Quarry, Cadeby (Hinckley and Bosworth Borough)
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F DEVELOPMENT CONTROL AND REGULATORY BOARD 20 TH JULY 2006 REPORT OF THE DIRECTOR OF COMMUNITY SERVICES COUNTY MATTER TARMAC LTD. – PLANNING APPLICATION FOR THE CONTINUATION AND EXTENSION OF SAND AND GRAVEL EXTRACTION – CADEBY QUARRY, CADEBY (HINCKLEY AND BOSWORTH BOROUGH) 2005/0893/04 – 24 th August 2005 Background 1. Cadeby Quarry is an established sand and gravel quarry situated between the villages of Cadeby and Newbold Verdon. Sand and gravel extraction has been carried out at the site since 1964 under a number of planning permissions. Previously worked parts of the site have been restored progressively to agriculture by a combination of infilling with inert material and low level restoration. The most recent mineral extraction permission was granted on 7 December 1988 under reference no. 1988/0707/04. Permissions and approvals for ancillary structures and operations have been granted in subsequent years. 2. The proposal which is the subject of this report includes two elements: the review of existing mineral planning permissions to enable the continuation of sand and gravel extraction and processing at the site under an updated schedule of planning conditions (a requirement introduced by the Environment Act 1995), and the extraction of mineral from three extension areas adjacent to existing operations. The proposals are explained in greater detail later in this report. Site Location 3. Cadeby Quarry is situated east of Cadeby and south west of Newbold Verdon. Access to the site is via Brascote Lane (Cadeby) onto the A447 Hinckley Road. The quarry comprises a processing plant and stock yard, active and restored mineral extraction areas, and a number of silt lagoons. The application site comprises the existing processing plant site, areas of past mineral extraction which have been partly restored, the current active extraction area, a number of silt settling lagoons, as well as three areas of proposed further mineral extraction: one being a field on the northern side of Brascote Lane (Newbold Verdon), referred to in the application as the Northern Working Area, a set fields to the south of Brascote Lane (Cadeby) and adjacent to the A447 Hinckley Road, referred to as the Western Working Area, and a third area referred to in the 2005/0893/04 - continued 4 2005/0893/04 - continued application as the Brascote House Area. The latter falls entirely within the previously permitted site area but has to date been excluded from mineral extraction. 4. The nearest property in the village of Cadeby is approximately 60 metres west of the application site boundary, 80 metres west of the edge of the proposed extraction area and 575 metres west of the westernmost part of the existing processing plant. There are four individual properties at closer distance: these are Freshfields and Rock Cottage on Brascote Lane (Cadeby), 155m and 285m north west of the processing plant site respectively, and Highfields and Orchard Farm, on the eastern side of the A447 Hinckley Road (415m and 450m south west of the processing plant site respectively). Three properties, Lindley Hall Farm, Naneby Hall Farm and Cottage Farm, are located approximately 90-130 metres north east of the processing plant and stock yard. 5. On its eastern edge, current operations extend to the south side of Brascote Lane (Newbold Verdon), the road leading from Newbold Verdon to Kirkby Mallory. The nearest properties are Manor House, Holly House Farm and Hollyledge Farm. These are located approximately 170m north of the current extraction area and 730m east of the processing plant/stock yard. A single property known as The Lodge, at the corner of Brascote Lane (Newbold Verdon), is approximately 100m west of the existing silt lagoons, which are located in the easternmost part of the currently permitted working area. The “Windmill Inn” public house is situated further north along Brascote Lane (Newbold Verdon), approximately 360m north of the edge of the existing silt lagoons. An area of allotment gardens extends to the south of the Windmill Inn towards the northern boundary of the application site. 6. The settlement of Newbold Verdon is approximately 700m north of the currently permitted site area, with the residential properties on the southern side of Arnolds Crescent being nearest to the site. The northernmost tip of the proposed extension area would be approximately 400m south of the edge of Newbold Verdon. 7. The entire quarry is surrounded by agricultural land. An area known as Becks Farm, where sand and gravel extraction took place in the 1970s, is located south east of the current extraction area. This area has since been restored to agricultural land. A concrete products manufacturing business is located immediately to the west of the quarry processing plant and stock yard. 8. Two Public Rights of Way cross the application site. Footpath S66 runs from Brascote Lane (Cadeby) to the A447 Hinckley Road, crossing the Western Working Area. Footpath S23 connects Brascote Lane (Newbold Verdon) with the village of Kirkby Mallory to the south, crossing the area of existing silt lagoons in the eastern part of the site, and continues south across the now restored Becks Farm area. The latter is currently the subject of a temporary diversion order and has been re-routed around the silt lagoons. A third Public Right of Way, Bridleway S25, runs along Brascote Lane (Cadeby) from the property known as Freshfields eastwards past the site entrance and on to Manor Farm, but does not cross the application site. Other public footpaths and bridleways in the vicinity of the site are outside the application area. DC®. BOARD 20/07/2006 5 2005/0893/04 - continued Planning History 9. Planning permission for the winning and working of sand and gravel at Cadeby Quarry was first granted on 8 September 1964 (planning permission 2028/61). In subsequent years, a number of further permissions for extraction of sand and gravel were granted, extending the site to approx. 74 hectares. The site has been progressively restored back to agriculture by a combination of infilling with inert material and low level restoration. The last extension to sand and gravel workings was permitted on 7 December 1988 (planning permission 1988/0707/04). A number of permissions for ancillary structures and operations were granted after that date. 10. The concrete products factory which is located west of the quarry processing plant, was established in 1983 and has subsequently been extended under a number of planning permissions, some of which were granted by Hinckley & Bosworth Borough Council. 11. Permission for the infilling of an area to the west of the quarry processing plant and the concrete products factory with household refuse was granted in 1964. Further permissions for the extension of the refuse tip and the disposal of waste were granted in 1970, 1972 and 1977 (all allowing the deposit of household waste), and in 1985 and 1990 (allowing the deposit of inert materials and quarry waste only). Description of Proposal Review of Mineral Planning Permissions (ROMP) 12. Schedule 14 to the Environment Act 1995 provides for the periodic review of all mineral planning permissions on a continuous 15 year rolling programme. The aim of the review process is to bring the older mineral workings up to date in terms of their operating and environmental controls, and looks to the minerals industry in the first instance to demonstrate their commitment to raising standards. Therefore in the case of this site, the due date by which an application for determination of new planning conditions had to be made was 7 December 2003. 13. At its meeting on 13 November 2003, the Development Control and Regulatory Board approved a request from Tarmac Ltd, the operator of Cadeby Quarry, to extend the deadline for the submission of updated planning conditions by one year. At the time, Tarmac explained its request by stating that the company was intending to prepare a planning application for an extension to Cadeby Quarry, and it believed that the periodic review would be best dealt with as part of a consolidating planning application. Tarmac also considered the existing operations and conditions at Cadeby to be generally satisfactory without any urgent need for updating. DC®. BOARD 20/07/2006 6 2005/0893/04 - continued 14. On 3 December 2004, Tarmac Ltd. submitted an application for the determination of mineral conditions under the Environment Act 1995. The application was not accompanied by an Environmental Statement. The County Council subsequently adopted a Screening Opinion which concluded that the submission of an Environmental Statement was required. An Environmental Statement was submitted on 30 June 2005. Because the submission of an application for the extension of the quarry was imminent, it was agreed with the applicant to defer the determination of the ROMP submission and to allow the application to extend the site to be considered first. Continuation and Extension of Sand and Gravel Extraction 15. The proposed extension comprises three distinct areas: firstly, a field to the north of the existing silt lagoons which is bounded by Brascote Lane (Newbold Verdon) on its western and southern side and is referred to in the application as “Northern Working Area”. Secondly, the “Western Working Area”, which comprises a number of agricultural fields to the west of the existing processing plant site and extends to the A447 Hinckley Road. The third proposed extension area is known as the “Brascote House Area”. This comprises an area of land