HIGH PEAK BOROUGH COUNCIL DEVELOPMENT CONTROL COMMITTEE
Date: 19th March 2018
Application HPK/2016/0179 No: Location Wainwrights Quarry, Batham Gate Road, Peak Dale, Derbyshire, SK17 8AH. Proposal Proposed change of use of former limestone quarry previously used for motorcycle training ground to camping and outdoor leisure development, together with associated earthworks and landscaping Applicant Mr W Bagshawe Agent Axis Parish/ward Peak Dale Date registered 30th June 2016 If you have a question about this report please contact: Rachael Simpkin [email protected] 01538 395400 ext. 4122
1. REFERRAL:
The application is referred to committee because it is a major development
2. SUMMARY OF RECOMMENDATION
REFUSE.
3. DESCRIPTION OF THE SITE AND ITS SURROUNDINGS
3.1 The 16.0 ha application site relates to a former limestone quarry containing three main water bodies. The site has not been a working quarry for some time and has in more recent times been used by a motorcycle club for scrambling and trail riding. It is relatively self-contained and screened in the most part from the surrounding landscape by the cliff faces and surrounding topography. There are no public footpaths running through the site. The site is bounded by greenfields to the west and north, an existing large scale limestone quarry Dove Holes Dale (Cemex) to the east, which is intersected by Dale Road and a lagoon to the south of Batham Gate Road. A rail line passes the site to the east, which serves this adjacent quarry. Vehicular access to the site is gained via an existing track from Batham Gate Road, which is to the southwest of the junction of Batham Gate Road with Dale Road. The application site is also located due east of Peak Dale Village near Buxton. For the purposes of the Adopted Local Plan, the application site is located within the open countryside, categorised as Plateau Pastures typology within the wider White Peak Area and is identified as a radon potential area.
4. THE APPLICATION
4.1 This full planning application seeks planning permission to change the use of the site from a former motor cycle training ground to a camping and outdoor leisure facility with associated building and engineering operations. The site boundary to the east would be regraded in parts to infill a “visual “gap where there are views of Dove Holes Quarry and provide noise mitigation measures.
4.2 In detail, the scheme comprises of 61no. mobile caravan pitches, 19no. ‘glamping pods’ and 30no. tent pitches i.e. a total of 110no. units with complementary outdoor leisure uses (fishing, cycling, walking etc.). Vehicular access to the entire development is proposed to be via the existing access, modified to accommodate two-way movement by towing vehicles, with additional pedestrian links with the bus stop to the east of the site and the village to the west.
4.3 In terms of built facilities, a shower/toilet/wash block as well as a management / reception type buildings would be proposed. The applicant sets out that the camping and outdoor leisure facility would be managed by two employees. It is intended that they would occupy one of the caravan plots in close proximity to the management and reception building.
4.4 The proposed scheme has been the subject of formal pre-application advice with the Council ref. PAD/2013/0076, which was issued in March 2014.
4.5 The application is accompanied by the following supporting documents:-
• Planning Policy Statement • Ecological Statement • Final Phase 1 Preliminary Risk Assessment • Transport Statement • Landscape and Site Appraisal • Flood Risk Assessment • Quarry Archaeology Assessment • Archaeological Desk Based Assessment • Landscape and Visual Report
4.6 The following additional and revised documents have been submitted:
• Archaeological Desk Based Assessment (Revised) • Construction Traffic Statement • Flood Risk Assessment • Indicative Mound Section • Landscape and Visual Report (Revised November 2017) • Detailed Planting Plan (Revised) • Noise Assessment and Additional Statement • Additional Transportation Statement (Materials)
4.7 The application and details attached to it, including the plans, supporting documents, representations made by residents and the responses from consultees - can be found on the Council’s website at:-
http://planning.highpeak.gov.uk/portal/servlets/ApplicationSearchServlet?PKID=2065 91
5. RELEVANT PLANNING HISTORY
HPK/0002/0189 Proposed Motor Cycle Training Ground. Approved 1983.
HPK/0002/7484 Renewal of Motor Cycle Training Ground. Approved 23.12.1988.
HPK/0003/0229 Toilets, First Aid storage office and cafe area for use of Peak Dale Youth Club Motorcycle Group and generator room. Approved 13.3.1991.
HPK/0003/0477 Change of operating times for Motor Cycle Club. Approved 21.5.1991. HPK/0003/3230 Renewal of permission Ref 027484 for Motor Cycle Club. Approved 2.3.1994.
HPK/0003/4386 Proposed extension to amenity building to provide workshop and larger first aid room and crèche. Approved 26.4.1995.
HPK/0003/8452 Vehicle storage building. Approved 21.10.1999.
HPK/2003/0867 8 metre high wooden pole with 2no floodlights/spotlights attached. Approved 12.12.2003.
6. PLANNING POLICIES RELEVANT TO THE DECISION
Adopted Derby and Derbyshire Minerals Plan (2000)
The saved policies contained within the Derby and Derbyshire Minerals Local Plan (adopted 2000 and amended in 2002). Policies MP8, 9, 14, 20, 26, 30 and 31 have now expired.
Adopted High Peak Local Plan 2016
Policy S1 Sustainable Development Principles Policy S1a Presumption in Favour of Sustainable Development Policy S7 Buxton Sub-Area Strategy Policy EQ1 Climate Change Policy EQ2 Landscape Character Policy EQ3 Rural Development Policy EQ5 Biodiversity Policy EQ6 Design and Place Making Policy EQ7 Built and Historic Environment Policy EQ8 Green Infrastructure Policy EQ9 Trees, Woodlands and Hedgerows Policy EQ10 Pollution Control and Unstable Land Policy EQ11 Flood Risk Management Policy E6 Promoting Peak District Tourism and Culture Policy E7 Chalet Accommodation, Caravan and Camp Site Developments Policy CF3 Local Infrastructure Provision Policy CF6 Accessibility and Transport Policy CF7 Planning Obligations and Community Infrastructure Levy
Supplementary Planning Guidance
• Landscape Character Supplementary Planning Document (SPD) 2006 • Planning Obligations
National Planning Policy Framework (NPPF) 2012
National Planning Practice Guidance (NPPG)
7. CONSULTATIONS
Site notice Expired Press notice Expired Neighbours Expired
Neighbours
A single representation has been received, details of which can be read on the public file. The following is a summary of the objections and issues raised:-
• The water in the quarry is contaminated with lime and the surrounding ground has been used for tipping hundreds of thousands of tons of lime over the years and therefore water contaminated with lime is continually filtering through to the site and if this is ongoing, there will be another Blue lagoon like the one at Harpur Hill, Buxton, and, • It is considered that the local Council having no objection to the application is biased as Mr W Bagshaw is a local parish councillor.
Cemex (Dove Holes Quarry)
The Company endorses the comments made by the Council’s Environmental Health Department in correspondence dated the 8th January, and 7th and 8th February 2018. In addition the Company would like to make the following specific comments regards the AEC assessment: -
• Para. 2.7 - the line does not just serve Doveholes Quarry, it serves two other quarries including Tunstead which is also believed to be a 24 hour operation; • Para. 2.8 – this is true in the strictest sense, but relates to blasting/drilling and earthworks, elements of the quarry’s operation that are not likely to be relevant to the consideration of the above application. Those elements that are relevant, such as the operation of the processing plant or the loading of trains are 24/7 operations; • Para. 5.5 – it’s not clear to the Company where the assumed attenuation of 15dB for caravans has been derived from; • Para. 5.6 – At the assessor’s own admission the assessment is not actually based on data collected whilst the quarry was operating at night. Night time operations at the quarry are quite variable. Any monitoring that does not capture the loading of trains cannot said to be representative as this activity would occur in close proximity to the application site, and the initial stone on steel contact as empty waggons are loaded can be quite distinctive; • Para. 6.1 – As a result of the RoMP process the Company has implemented a number of noise attenuation measures; these are now largely fully implemented. Additional measures will be implemented over time as existing infrastructure requires replacement or upgrading, but there is no specific timetable or requirement for these works; • Para. 6.7 – As acknowledged by the report’s author trees have no mitigating effect on noise impact; • Para. 6.8 – This is a novel mitigation measure, but it is noted that no objective data is provided with regard to its effectiveness, and; • Figure 3 – even after the implementation of proposed mitigation measures the quarry processing plant remains clearly visible. As a rule of thumb if a noise source is visible to the receiver it will be audible. That part of the plant which remains visible does contain plant that could operational during the night time period.
To conclude, CEMEX objects to the grant of the above planning application on the basis that the noise emitted from its operations on a 24/7 basis could have a detrimental impact on the users of the proposed development from noise, especially at night. Doveholes Quarry is a critical site in the Company’s portfolio of sites and in the provision of limestone aggregates within England and the Company objects to any nearby development that could negatively impact on this critical role.
8. CONSULTATIONS:
Consultee Comments Officer Response
Wormhill and Green They are strongly in favour of Noted. Fairfield Parish this new development, Council therefore, they have no objections to this planning application.
DCC Minerals Issues are raised in respect of Refer to detailed Authority minerals safeguarding. comments within the Safeguarding Minerals Section. Peak District National No objections. Refer to detailed Park Authority comments within the landscaping section. Natural England No objections. Refer to detailed comments within the Of note: Nature Conservation Section. Landscape, no comment is offered and they advise consultation with the Peak District National Park Authority.
The proposed development is within an area that Natural England considers could benefit from enhanced green infrastructure (GI) provision. As such, Natural England would encourage the incorporation of GI into this development.
Derbyshire Wildlife Conditional Response. Refer to detailed Trust comments within the Nature Conservation Section. DCC Local Highways Conditional Response. Refer to detailed Authority comments within the Highways Section. DCC Flood Risk Standing advice is offered. Refer to detailed Management Team comments within the Technical Matters Section. DCC Archaeologist Conditional Response. Refer to detailed comments within the Archaeology Section. HPBC Environmental Issues are raised in respect of As above. Health amenity impacts. HPBC Arboricultural No objections on Arboricultural Refer to detailed Officer grounds subject to tree comments within the protection and landscaping landscaping section. conditions, however, there are reservations about the impact on a landscape scale which should be addressed by a separate consultee.
Network Rail Awaited Members will be updated at the meeting.
9. POLICY AND MATERIAL CONSIDERATIONS AND PLANNING BALANCE
Policy Context
9.1 The determination of a planning application is to be made pursuant to section 38(6) of the Planning and Compulsory Purchase Act 2004, which is to be read in conjunction with section 70(2) of the Town and Country Planning Act 1990.
9.2 Section 38(6) requires the Local Planning Authority to determine planning applications in accordance with the development plan, unless there are material considerations which 'indicate otherwise'. Section 70(2) provides that in determining applications the Local Planning Authority "shall have regard to the provisions of the Development Plan, so far as material to the application and to any other material considerations." The Development Plan currently consists of the High Peak Local Plan Policies Adopted April 2016, Chapel-en-le-Frith Neighbourhood Development Plan 2013-2028.
9.3 Paragraph 14 of the National Planning Policy Framework (NPPF) explains that at the heart of the Framework is the presumption in favour of sustainable development. For decision makers this means that when considering development proposals which accord with the development plan they should be approved without delay; or where the development plan is absent, silent or relevant policies are out of date, grant planning permission unless any adverse impacts would significantly and demonstrably outweigh the benefits when assessed against the policies in the NPPF taken as a whole.
9.4 Local Plan policy S1a establishes a presumption in favour of sustainable development as contained within the NPPF.
9.5 Within the development scheme context, Local Plan policy S1 ‘Sustainable Development Principles’ amongst other matters, expects development to: take account of the distinct Peak District character, landscape, townscape, roles and setting of different areas and settlements in the High Peak; protect and enhance the natural and historic environment of the High Peak and its surrounding areas including the Peak District National Park; support the local economy and businesses by providing for a range of economic development that provide employment opportunities suitable for local people in sustainable locations; minimise the risk of damage to areas of importance for nature conservation and/or landscape value, both directly and indirectly and ensuring that there is suitable mitigation for a net gain in biodiversity and the creation of ecological networks; seeking to secure high quality, locally distinctive and inclusive design in all development that can be accessed and used by everyone including disabled people and seeking to secure developments provide a high standard of amenity for all existing and future occupants of land and buildings, ensuring communities have a healthy, safe and attractive living and working environment and the risks from potential hazards are minimised.
9.6 Local Plan policy S7 ‘Buxton Sub-Area Strategy’, amongst other matters, aims to protect and enhance the unique character of Buxton’s spa heritage, townscape and natural environment to maintain the quality of life and act as a catalyst for tourism by: ensuring that development protects and/or enhances the landscape character and the setting of the Peak District National Park. As well as encouraging the growth of local employment opportunities and supporting the diversification and growth of the local economy by encouraging the growth of tourism including the provision of additional visitor accommodation and facilities that reflect Buxton’s status as a spa town at the heart of the Peak District.
9.7 Local Plan policy EQ3 ‘Rural Development’ supports the development of Peak District tourism and culture within the Plan Area.
9.8 In particular Local Plan policy E6 ‘Promoting Peak District Tourism and Culture’ seeks to strength the tourism role of the Plan Area by supporting and supplementing the tourism offer of the Peak District National Park, support tourism and provision for visitors which is appropriate to the settlements and countryside and consistent with environmental objectives. This will include the provision of new visitor and cultural attractions and facilities that expand the breadth and quality of the tourism offer without prejudice to the character of the Peak District. As well as supporting measures within the Plan Area which would relieve tourist pressures on the most sensitive areas of the Peak District National Park and which would protect and enhance vulnerable habitats and landscapes. Policy E6 further requires that caravan, camping and chalet sites are sited in locations so as not to be prominent in the landscape and can be accommodated without adverse impact upon the character or appearance of the landscape.
9.9 Of relevance to the scheme, Local Plan policy E7’ Chalet Accommodation, Caravan and Camp Site Developments’ requires development proposals involving chalet accommodation, caravan and camp sites will only be permitted where: (1) the development would not have a prominent and adverse impact on the character and appearance of the immediate or wider landscape; (2) any visual impact would be well screened by existing landscape features for the whole of its proposed operating season and any permanent structures would not be visible even during winter months when viewed from areas outside the site to which the public has access.
9.10 The National Planning Policy Framework seeks to support a prosperous rural economy. In these respects, paragraph 28 sets out that planning policy should support economic growth in rural areas in order to create jobs and prosperity by taking a positive approach to sustainable new development. It states that to promote a strong rural economy, local and neighbourhood plans should: support the sustainable growth and expansion of all types of business and enterprise in rural areas, both through conversion of existing buildings and well designed new buildings; promote the development and diversification of agricultural and other land- based rural businesses; support sustainable rural tourism and leisure developments that benefit businesses in rural areas, communities and visitors, and which respect the character of the countryside. This should include supporting the provision and expansion of tourist and visitor facilities in appropriate locations where identified needs are not met by existing facilities in rural service centres.
Principle of Development & Rural Economy
9.11 The Council’s Regeneration Section have been consulted in respect of the submitted scheme. In these regards, it is recognised that the proposal would support the creation of a new business, create jobs and generate spend into the local community. This would be in accordance with the key growth priorities of the High Peak Growth Strategy, including ‘Growing enterprise culture’ i.e. nurturing business growth and job creation to support the rural economy and developing employment sites and ‘Enhancing Visitor Experience’ i.e. enhancing the leisure and culture offer as well as provision of pedestrian and cycle connections.
9.12 The Officer sets out that the scheme would create an additional 193 sqm of tourism and leisure space on a 12.0ha site. As well, it would also generate two new full time jobs. Developments which will increase the propensity of visitors to stay overnight should be encouraged from an economic development perspective, particularly in terms of visitor spend. Further, in 2015 a day visitor to High Peak spent on average £35.16 per day. In contrast, a staying visitor spent £213.23 per visit (or £66.63 per day based on an average 3.2 days). Also, even assuming there is no overall increase in visitor numbers, the conversion of a day visitor to a staying visitor will have an average boost to the local economy of £178.07 per visitor.
9.13 Within the planning policy context, supporting tourism and the resultant economic benefits of the scheme are clearly of material weight and the development can be supported in principle subject to compliance with other relevant planning policies. The economic benefits are further discussed within the planning balance section below following first a consideration of the other key aspects of the scheme. This will be with particular reference to landscape impact, nature conservation, minerals, transportation is discussed in turn as set out below.
Landscape Impact
9.14 Section 11 ‘Conserving and enhancing the natural environment’ of the NPPF, confirms that the planning system should contribute to and enhance the natural and local environment by protecting and enhancing valuable landscapes. Paragraph 109 states that 'the planning system should contribute to and enhance the natural and local environment by … protecting and enhancing valued landscapes'. In addition and at paragraph 115, it is set out that great weight should be given to conserving landscape and scenic beauty in National Parks.
9.15 In these regards, Local Plan policy EQ2 ‘Landscape Character’ sets out that the Council will seek to protect, enhance and restore the landscape character of the Plan Area for its own intrinsic beauty and for its benefit to the economic, environmental and social well-being of the Plan Area. Particular regard will be had to maintaining the aesthetic and biodiversity qualities of natural and man-made features within the landscape, such as trees and woodlands, hedgerows, walls, streams, ponds, rivers, ecological networks or other topographical features; requiring that development proposals are informed by, and are sympathetic to the distinctive landscape character areas as identified in the Landscape Character Supplementary Planning Document and also taking into account other evidence of historic landscape characterisation, landscape sensitivity, landscape impact and the setting of the Peak District National Park and where appropriate incorporate landscape mitigation measures; requiring that development proposals protect and/or enhance the character, appearance and local distinctiveness of the landscape and landscape setting of the Peak District National Park and resisting development which would harm or be detrimental to the character of the local and wider landscape or the setting of a settlement as identified in the Landscape Impact Assessment.
9.16 The Council has adopted a Landscape Character Supplementary Planning Document. It is a material planning consideration and provides guidance on how measures to ensure the protection and enhancement of the landscape should be included as part of proposals for new development. Of note, the majority of the site as falling within the Plateau Pastures landscape character type within the wider White Peak Area. Importantly, non-physical attributes such as tranquillity and low levels of light pollution, leading to dark skies, also form part of the character of the landscape, these latter issues are addressed through Local Plan policy EQ10 ‘Pollution Control and Unstable Land’ as will be discussed below.
9.17 Related to matters of landscape protection, Local Plan policy EQ9 ‘Trees, Woodlands and Hedgerow’ advises that it will protect existing trees, woodlands and hedgerows. This would be achieved by requiring existing woodlands, trees and hedgerows to be retained and integrated within a proposed development. It requires development to provide appropriate tree planting and soft landscaping.
9.18 Within Section 7: Requiring good design of the NPPF, it states that Local Planning Authorities (LPAs) should address the connections between people and places and the integration of new development into the natural environment. It also confirms that Local Planning Authorities (LPAs) should continue to ensure that the character and quality of the wider countryside is protected and where possible, enhanced.
9.19 Section 7 also highlights that good design is a key aspect of sustainable development, is indivisible from good planning and should contribute positively to making places better for people. Paragraph 58 requires development to function well and add to the overall quality of the area for the lifetime of the development. It should respond to local character and history and reflect the identity of local surroundings and materials whilst reinforcing local distinctiveness.
9.20 In terms of potential landscape impacts, the original submitted scheme would involve the creation of a higher, large, artificial bund to reduce noise levels at the site boundary along Dale Road. Figure 3 within the submitted Noise Assessment for Planning Purposes (NAPP) showed that the proposed bund fill would raise the height of an existing embankment by approximate, additional 5.0 metres. Derbyshire County Council (DCC) has been consulted in respect of the submitted scheme. In terms of landscape impact, they noted that the proposed noise bund is to the north- east of the site and runs along Dale Road, Dove Holes. Where there is already a large screening bund in this area parallel to the road and this is considered to already contribute to adverse visual effects from it. DCC refer to Figure 1 ‘Photograph looking north showing the existing bund on the left which is part of the site and would be raised by approximately five metres’ where it is considered that an addition of a further 5.0 metres would add to the adverse visual effect on this road. It is stated that the photomontage in the NAPP shows a large, high, steep dam-like wall, the top of which has a highly artificial level skyline. In these respects, DCC set out that there does appear to have been little consideration given to the adverse visual effects created by this proposal, and planting with tree cover would not necessarily mitigate them.
9.21 In addition, DCC set out that the scheme should give further consideration to making any new landform less artificial in shape, with varying profiles and an undulating skyline to minimise adverse visual effects. In these respects, the applicant should be asked to reassess the necessity to create such a large landform. Also, as the NAPP refers to tree planting on the bund, details will be required to ensure that the scheme accords with the landscape character of the area and does not visually attract attention to the area, or appear incongruous in the White Peak landscape. As discussed above, the site lies in the White Peak National Character Area and this has been further sub-divided as part of more detailed landscape character types by DCC landscape character assessment into the White Peak ‘Plateau Pastures’.
9.22 DCC have advised that the scheme overall should conserve and enhance landscape character in accordance with Local Plan policy EQ2 ‘Landscape Character’ and other relevant policies as set out above. As the landscape and biodiversity are inextricably linked – the habitat issues and effects therefore should also be considered by a suitably qualified ecologist. This matter is discussed in more detail below within the ‘Nature Conservation’ Section of the report. Finally, DCC would suggest that the scheme proposals should also take the opportunity to consider the restoration of the whole site, not just part of it.
9.23 In response landscape concerns raised, the applicant has submitted a revised Landscape Visual Impact Assessment issued in November 2017, together with a revised site plan and planting schedule, which will be discussed in further detail below where relevant.
9.24 In respect of assessing any resultant landscape impacts from the amended scheme, the Council has sought independent advice from a landscape consultant in the form of a desk based study, which is discussed as follows.
9.25 Whilst “land that has been developed for minerals extraction or waste disposal by landfill purposes where provision for restoration has been made through development control procedures” is excluded from the definition of Previously Developed Land in the NPPF, the site itself has a brownfield character owing to its previous usage as a former quarry and current use as an off road motorcycle training ground. Within the site there is a good degree of enclosure provided by vegetation and landform. The site is close to the village of Peak Dale and adjacent to the working quarry at Doves Holes, however the site is approximately 1.0km from the Peak District National Park boundary to the east and approximately 2.5km to the west.
9.26 Overall, the Council’s consultant agrees with the applicant that taking account of the wider landscape surrounding the site that the sensitivity would be categorised as ‘medium to high’. It is stated that the majority of the Representative Viewpoints have been assessed by the applicant as ‘no effects’ (Viewpoints 1, 2, 4, 5, 7, 8 & 9), however, this is only agreed with in respect of Representative Viewpoints 3, 5 & 9. In terms of Representative Viewpoints 1, 4, 7 & 8, the Council’s Consultant has judged a ‘negligible adverse’ effect in the long-term. Conversely from Representative Viewpoint 2, this has been judged as a ‘minor beneficial’ effect in the longer term.
9.27 In respect of the setting of the site, the Council’s independent consultant states that there would be a low scale of change to the character of the proposed development site itself on completion. The development would alter the application site from a former limestone working utilised as an off road motorcycle training area to a caravan site with associated hard surfacing, toilet block, reception building, parking areas. As well as re-profiling part of the eastern boundary incorporating environmental improvements to the water bodies and landscape buffers. Given the previous and existing use of the landscape within the site and the low magnitude of effect on completion, it is considered that the significance of effect of the proposed development on the site itself would be ‘minor beneficial’ through environmental improvements to the former quarry and immediate surrounds and removal of unsightly landscape features.
9.28 In the long-term, it is considered that the native woodland planting to the periphery of the application site would be established and would increase the landscape and visual benefits of the proposed development and the overall magnitude of effect on the site would increase to ‘moderate beneficial’.
9.29 In respect of the landscape impact concerns raised over the eastern mound, the Council’s independent consultant sets out that the landscape effects beyond the site and its immediate surroundings would be localised, owing to the site’s tree belts and landform to the site boundaries. In these regards, the site would have a ‘minor adverse’ magnitude of effect on the immediate surrounding landscape (including the adjacent settlements, adjacent roads and working quarry) owing to the increase in height (by approximately 6.0m) to the mound adjacent to Dale Road and localised vegetation removal. It is stated that this would result in a minor alteration to key features and characteristics of the existing landscape and the greatest visual effect would be ‘moderate adverse’ from Dale Road (but localised).
9.30 Furthermore, in the long-term, native woodland planting to the periphery of the application site would be established and would further soften the effect of the proposed development. The magnitude of effect on the immediate surroundings would reduce to ‘negligible adverse’. In respect of proposed landscaping, the magnitude of effect would remain ‘negligible adverse’. In terms of the landscape effects, it is judged to be ‘minor beneficial’ on completion and ‘moderate beneficial’ 15 years after the tree planting has established.
9.31 Representative Viewpoints 7, 8 and 9 are located within the Peak District National Park Authority area. In respect of resultant landscape impacts to the Peak Park, the Council’s Landscape consultant considers that there would be a very minor alteration to key features and the magnitude of effect would be ‘negligible adverse’ and therefore no change.
9.32 The Peak District National Park Authority have commented in relation to the impact of the development on the National Park and its setting rather than to wider development management considerations, which are considered to be the responsibility of the Local Planning Authority. Having considered the Landscape and Visual Impact Appraisal and taking into account the location and topography of the site, it is considered that the Peak District National Park and its setting would not be adversely affected by the development. Moreover, the proposed landscape works would help to reduce the impact of the existing site. The proposed use is considered to be an appropriate one for a site close to, however, outside of, the National Park and on this basis the Peak District National Park Authority has no objection to the application.
9.33 The resultant longer-term landscape benefits of the scheme are of some material weight, however, this is somewhat balanced against those localised landscape impacts as a result of the proposed bund alongside Dale Road within the context of Policy DC3 ‘Landscape Character’. These issues are further discussed within the planning balance section below.
Nature Conservation
9.34 Section 11 of the NPPF outlines that Local Planning Authorities should aim to conserve and enhance biodiversity. Paragraph 109 seeks to minimise impacts and provide net gains in biodiversity where possible. Adopted Local Plan Policy EQ5 ‘Biodiversity’ echoes this advice, advising that biodiversity and ecological resources should be conserved.
9.35 The planning application is supported by ecological survey work undertaken between 2013 and 2015. The following surveys have been completed: Extended Phase 1 Habitat Survey 14th June 2013 (with subsequent visits and up dates in 2014 and 2015, Great crested newt surveys (population assessment) in 2014; Reptile presence/absence surveys in 2014 and Terrestrial invertebrate surveys in 2014 and subsequent visits in 2015.
9.36 Derbyshire Wildlife Trust (DWT) have been consulted in respect of the submission, including relevant survey work. In terms of habitats, it is set out that the Extended Phase 1 Habitat Survey has identified the presence of calcareous grassland, calcareous/neutral grassland, semi-improved calcareous grassland, ephemeral/ short perennial vegetation, tall ruderal herb vegetation, semi-natural broad-leaved woodland, continuous scrub, rock face, wet ditch, scattered trees/scrub and open water and ephemeral pools. Ponds, calcareous grassland and open mosaic habitat on previously developed land are all Habitats of Principal Importance under the provisions of the Natural Environment and Rural Communities Act 2006. The report highlights that the calcareous grassland and open mosaic habitat within the site are of sufficient quality to meet the selection guidelines as a Local Wildlife Site. The report further states that the calcareous grassland will be retained and is outside the development zone. The report does not however present an assessment of the potential impacts of this grassland from high levels of public access, dog walking and potential lack of management. DWT consider that the development would result in the loss of all open mosaic habitat within the centre of the site. Although, the applicant’s report states that this loss will be compensated for through the removal of ruderal vegetation and sowing of wild-flower seed to create a species- rich grassland.
9.37 DWT have referred back to their original pre-application advice, which outlined that the submission should consider the losses and gains of both species-rich grassland and open mosaic habitat with plans clearly showing features to be retained and habitats to be created, which had not been demonstrated. As none of the losses, gains or retained habitats are quantified, DWT state that it is difficult to fully determine the impacts that the development would have on biodiversity and whether there would be an overall net loss, neutral impact or a net gain. In addition, it was considered that the ecology report did not make any reference to the impacts that bringing significant quantities of material onto site may have on the biodiversity interest. Or that the remodelling and re-profiling work had the potential to result in significant impacts on habitats within the site. Within this advice, DWT had also requested that any application submitted should be supported by a document that at least outlined the broad objectives of a Landscape Ecological Management Plan which covered the key ecological receptors and provided details of the scheme’s long-term management. In addition, concerns were raised about proposed tree planting which was considered to be inappropriate in this landscape and that could have a negative impact on retained grassland habitats. DWT noted that extensive tree planting appeared to have been put forward within the landscape proposals.
9.38 DWT confirm that great crested newt surveys have been undertaken for the four on-site ponds and ephemeral pool during the 2014 survey season. It is stated that the survey work has revealed the presence of a medium population of breeding great crested newt in Pond 1 and the presence of smooth newt, common toad and common frog on site. Although it is not clear from the survey results if these are also breeding populations. The report highlights that the presence of four amphibians within the site would meet the selection guidelines as a Local Wildlife Site. DWT confirm that an appropriate level of survey work with respect to great crested newts has been completed in support of this application.
9.39 DWT understands that Pond 1 would be retained within the proposed development. However, Pond 3 would be lost (although no great crested newts were recorded within this pond). The submitted report states that a European Protected Species (EPS) Mitigation Licence would be secured in order to enable the development to proceed legally and DWT would support this. DWT further understand that mitigation measures have been agreed with Natural England as part of a Discretionary Advice Service meeting. DWT consider that the mitigation measures that have been agreed appear to be appropriate as do the majority of the compensation measures. DWT do, however, outline some concerns about the planting of aquatic vegetation within Pond 1 as ponds can quickly become overgrown and choked with vegetation causing a lack of open areas of great crested newts to display. Given that this pond supports a medium great crested newt population, DWT recommended that this pond be retained in its current state with minimal disturbance. DWT further note that a new pond is to be created and this is shown in Appendix 5 of the ecology report and on the landscape layout, shown as reed bed. Generally whilst new pond creation is welcomed as part of the development, however, DWT have concerns that it would be separated from Pond 1 by a proposed road and that there has been no consideration to the risk posed to great crested newt by crossing this road. It is stated therefore that consideration should be given to providing appropriate fencing and a tunnel under the road. DWT would want to see these recommendations/concerns addressed within any great crested newt licence application.
9.40 DWT confirm that the reptile presence/absence surveys have not revealed the presence of reptiles such as common lizard and grass snake using the site. However, suitable habitat is present across the site and grass snake and common lizard records are present for locations in close proximity to the site boundary. Whilst DWT consider that an appropriate level of survey work has been provided in support of the planning application, they have previously requested a precautionary protocol for reptiles as part of any submission. In these circumstances, DWT, are satisfied that this matter could be adequately dealt with by means of a condition if planning permission were granted.
9.41 Concerning invertebrates, DWT consider that the terrestrial invertebrate survey work that was undertaken in support of this application is appropriate and has been completed at appropriate times of year, in particular in order to record dingy skipper. It is stated that a single dingy skipper was recorded in calcareous grassland during one of the survey visits. The submitted report states that the majority of calcareous grassland would be retained and that further grassland would be created as part of the development. DWT, as set out above, required details on the losses and gains of each habitat to ensure that adequate habitat would be available for dingy skipper. In addition, features such as butterfly banks would be important as would ensuring appropriate management of grasslands in the long-term and these details are not currently provided.
9.42 DWT set out that the ecological survey work has identified the presence of substantive nature conservation interests with the site qualifying as a local wildlife site of County level of importance under three selection criteria. Namely, the presence of calcareous grassland priority habitat, presence of open mosaic habitat priority habitat and the presence of an amphibian assemblage. In these circumstances, DWT required clear details to be provided with regard to the extent of priority habitat that would be lost compared to the extent of priority habitat (both calcareous grassland and open mosaic) that would be retained and created within the final landscaping scheme to demonstrate that, as a minimum, there would be no net loss of priority habitat and ideally achieve a net gain of biodiversity. DWT considered that a sufficient level of detail needed to be provided at this stage in order to be confident that a sufficient area of land is available as part of the landscaping to ensure that there is no net loss of priority habitat.
9.43 DWT have concerns with regard to the introduction of fish and/or promotion of fishing at a site which supports great crested newt as part of an amphibian assemblage. In DWTs view it may be difficult to prevent the eventual spread of fish to all the water bodies on the site to the detriment of amphibians, particularly great crested newt, without significant control and monitoring measures. If fishing is considered to be integral to the development, DWT state that this needs to be declared as part of the Natural England Great Crested Newt Licence application together with appropriate mitigation.
9.44 In addition, DWT recommended that tree planting should either be removed from the scheme or significantly reduced as they considered large scale tree planting to be inappropriate to the landscape character of the area. However, it would also restrict the area of land available for grassland habitat creation necessary to deliver the no net loss which would otherwise make the development unacceptable in ecology terms. Overall, DWT recommended that the landscaping scheme should reflect the landscape character and be as naturalistic as possible rather than taking on a manicured appearance. It is stated that the use of interpretation could explain the importance of the open mosaic and calcareous grassland habitats.
9.45 DWT have been further consulted in respect of the revised Landscape and Visual Appraisal Final Report (November 2017). It is stated that the above document does not specifically discuss many of the ecological issues and DWT have commented previously on these and have provided recommendations for suitable conditions. DWT state that the Landscape and Visual Appraisal does, however, reflect for the most part, the outcomes of a site meeting between DWT and the applicant’s ecological consultants. During this meeting, the retention and treatment of various areas in relation to ecology and species management was discussed.
9.46 DWT discuss that the appraisal includes a Landscape Layout (Figure 8) and this has identified key areas that would be retained as open mosaic/calcareous grassland. It is confirmed that the plan has also reduced the intrusion of the road into an important area of open mosaic habitat. Furthermore, the plan also indicates that the road at the western end has been drawn back to provide more space around the pond that sits in the south-western corner of the site. This pond supports great crested newt and minimising land take in this area is welcomed by DWT. DWT state that the creation of low nutrient calcareous grassland is welcomed, but should, wherever possible, retain existing vegetation that may be of value.
9.47 DWT note that the proposal to use seed mixes (wild flowers for chalk and limestone soils EM6F) in the north of the site on steeper grassland slopes is a departure from the discussions held in May 2017. At that time, the discussion focused on the management of these slopes to try and restore and maintain a grassland of wildlife value. In DWTs view, the restoration of these grasslands should initially be based around sympathetic grazing at low stocking levels in late summer/autumn. This should be identified on the landscape plan and within the Landscape and Ecological Management Plan is recommended as one of the conditions. It is also stated that the addition of seed to the existing sward is unlikely to be effective and germination rates could be low. DWT advise that this option could be reviewed depending upon the success or failure of the grazing regime.
9.48 DWT again state that it is their preference for no, or minimal, woodland planting at the eastern end of the site as there is already a habitat present there, which is of biodiversity value. Although, DWT understand that this is a requirement relating to landscape issues.
9.49 The following issues relating to wildlife and ecology at the site have been identified in previous correspondence from DWT as set out in detail above. DWT note that the loss of open mosaic habitat (species rich in terms of plant species present) and other areas of grassland has been reduced to some extent in respect of the latest landscape plan (Landscape and Visual Appraisal Revised November 2017) when compared to the original plan (Indicative Landscape Layout April 2016). In particular, DWT note that a road leading to a parking area has been removed reducing the impact on this area of habitat. Furthermore plans to seed this area with wildflower mix have been removed (seeding this area is not necessary as the habitat already supports a diversity of plan and insect life and is best retained in its current state). DWT add that it would further assist in the long term protection of this area if in some way it is demarcated from the areas to the south (Area 2) by possibly a fence or hedge.
9.50 DWT state that the development would impact on Area 2. However, the existing habitat in this area is more fragmented with more bare ground. The current proposal is to re-seed this area with a wildflower mix suitable for calcareous soils and DWT consider this approach would be acceptable for this area. It is advised that the full details of species to be used and methodology would need to be included in a mitigation and enhancement plan. In addition, there would also need to be an acceptable management regime to ensure that the habitat created is sustainable.
9.51 DWT confirm that the latest Landscape and Visual Appraisal layout also indicated that grassland to the north and west of the site would be enhanced by over-sowing with wild flower seed (area 4). However, DWT, in their most recent response (December 2017), expressed concern as to the effectiveness of this. DWT do, however, support the enhancement of this grassland through sympathetic management and this should be undertaken as part of the mitigation scheme for the site. DWT consider that the details could be secured as part of a mitigation/enhancement condition.
9.52 Of importance, DWT advise that the ecological impact from the development could be significantly reduced if the proposed creation of the bund and associated tree planting (planting areas marked as 7) at the eastern end of the site was removed or altered. It is outlined that this area already supports some grassland of value and associated species including dingy skipper and wall butterflies. It is stated that the current proposals would result in the loss of this habitat and pond 3. DWT note that whilst the grassland could be restored/created afterwards, it would be preferable to avoid or further reducing the impact in the first place.
9.53 DWT outline that of particular concern is the impact on Area 1, which supports open mosaic/calcareous grassland that would result from the importation of material to raise the bund. DWT consider that the extent of the impact on this area is currently unclear. The applicant will be required to identify the route and working area for the importation of material in relation to the construction of the bund and how this work would impact upon this area.
9.54 In respect of impact on and loss of terrestrial habitat for great crested newt, DWT comment that the revised layout appears to have altered the road to a single lane where it would pass close to Pond 1 (where the great crested newts have been found). DWT would welcome this approach as it would allow a greater retention of this area as open mosaic / grassland habitat. It is stated that it would be important to ensure that this habitat is protected during the construction phase and that it is subsequently sympathetically managed.
9.55 Concerning impacts on great crested newts and other amphibians from the introduction and use of ponds for fishing, DWT set out in their earlier response that there are concerns with regard to the introduction of fish and/or promotion of fishing at a site which supports great crested newt as part of an amphibian assemblage. DWT consider that it may be difficult to prevent the eventual spread of fish to all the water bodies on the site to the detriment of amphibians, particularly great crested newt, without significant control and monitoring measures. DWT set out that if fishing is considered to be integral to the development, then this would need to be declared as part of the Natural England Great Crested Newt Licence application together with appropriate mitigation. It is noted that the development would result in the loss of pond 3 due to re-landscaping and proposed importation of fill to build the embankment at the eastern end. Previous surveys did not find any great crested newts in this pond. However, the pond is likely to be used by other amphibians including smooth newt, common frog and common toad. DWT set out that there was previously a proposal to create a new pond (Appendix 5 of the ecology report and on the landscape layout, shown as reed bed) and concerns were raised regarding the location as it was separated from Pond 1 by a proposed road and that there has been no consideration to the risk posed to great crested newt by crossing this road. DWT note that this new pond does not appear on the latest layout plan and clarification on whether a new pond would be created and how this relates to mitigation measures would be useful in these regards. It is stated that if a new pond for newts is to be created, then it is advised that it would be better to locate it somewhere that has good connections to Pond 1 and these concerns should be addressed within any great crested newt licence application.
9.56 In respect of the great crested newt survey data, DWT have advised the Council that as the great crested newt surveys are now over 3 years old, the applicant should provide an update to confirm whether or not the site has in any way changed in relation to the waterbodies on site. This should provide confirmation that the proposed mitigation measures are still fit for purpose and that the EPS Licence is still likely to be granted. In order to acquire a licence, DWT advise that the status of the newts at the site would probably need to be re-established. However, this more detailed work could be undertaken as part of the wider condition for great crested newt mitigation.
9.57 DWT reaffirm the need for a precautionary protocol (method statement) for reptiles, which can be conditioned. In addition, in terms of the need for broad objectives of future management, DWT set out that it is important to ensure that the long term of objectives for management of semi-natural habitats within the site are compatible with other activities and currently, the applicant has not defined this in any detail. It is advised, however, that this matter could form part of a Landscape and Ecology Management Plan which could be a condition of any planning consent.
9.58 In these circumstances, pre-commencement planning conditions would be required to secure the following: copy of the great crested newt Mitigation Licence and monitoring regime; a reptile protection, mitigation and enhancement strategy; no vegetation removal between 1st March and 31st August inclusive; Construction Environmental Management Plan for Biodiversity and Landscape and Ecological Management Plan (LEMP).
9.59 The achievability of no net loss of priority habitat is paramount to the acceptability of the proposal in ecological terms to accord with the objectives of the National Planning Policy Framework and Local Plan policy EQ5 ‘Biodiversity’ and in these regards the proposal is considered to be acceptable. This matter will be returned to in the balance section as set out below.
Minerals Safeguarding
9.60 The Adopted Local Plan does not provide policy in respect of minerals planning issues as this is a matter for the Mineral Planning Authority being Derbyshire County Council. Paragraphs 1.15 to 1.19 of the adopted Local Plan set out the Council’s approach in relation to the consideration of minerals and waste planning. This includes a requirement to consider saved policies of the minerals plan, including those that relate to Minerals Consultation Areas and Minerals Safeguarding Areas. Reference is also made to the NPPF requirement to ensure that minerals of local and national importance are not needlessly sterilised by non-mineral development and the Council will need to ensure that these matters have been sufficiently addressed in assessing the scheme’s impact in relation to nearby quarrying activities.
9.61 In these regards, Derbyshire County Council (DCC) have set out that the proposed development has the potential to adversely impact upon mineral safeguarding, particularly with regard to the compatibility of the proposed leisure use with the surrounding existing mineral operations. DCC state that these mineral operations occur 24 hours a day, 7 days a week and have permission to continue until 2042. In the context of this application, DCC have noted that whilst the noise assessment takes account of Cemex’s ongoing operations at nearby Doveholes Quarry, the outlying parts (Bold Venture Lagoon to the south and Dove Holes Dale Tip to the north) of the wider Tunstead Quarry complex are also located nearby and whilst these are not currently generating noise to the same extent as Doveholes Quarry, they could, however, cumulatively add to the noise levels experienced in the vicinity. DCC set out that this would also need to be taken into account in any noise assessment.
9.62 It is outlined that the quarrying operations at both Doveholes and Tunstead Quarries are currently permitted until February 2042. Both sites also have workable reserves which would endure well beyond the 2042 permission expiry dates and it is considered unlikely that quarrying operations at either site will cease in the foreseeable future. In addition, operations (including the operation of the processing plant) at Doveholes, the closest of the two quarry sites, are permitted to operate on a 24 hours a day basis. Both Doveholes Quarry and the wider Tunstead Quarry complex have recently had updated schedules of conditions approved as a result of applications under Schedules 13 and 14 of the Environment Act 1995 for the Review of Old Mineral permissions (ROMP) against which both sites will be monitored for at least the next 10 -15 years.
9.63 Further, it is stated that the Noise Assessment for Planning Purposes (NAPP) also appears to confirm that, subject to the suggested mitigation measures, the proposed leisure use would be compatible with the existing mineral extraction operations. The NAPP suggests that, in order to mitigate against potential noise impacts associated with ongoing mineral extraction, the height of the proposed bund should be increased by a further metre. These have been amended to illustrate the relationship with Dale Road and the mound has been heightened by a metre to account for the calculations provided by the Acoustic Consultant. The applicant considers that the size of the proposed mound would reduce the acoustic levels to an acceptable level within the relevant guidelines.
9.64 DCC also note paragraph 4.2 of the NAPP, which identifies Minerals Policy Statement 2 Annex 2: Noise (MPS2) as one of the assessment criteria. This policy statement, however, has been cancelled and replaced by paragraphs 019 to 022 of the National Planning Practice Guidance. This is in respect of: how mineral operators seek to control noise emissions; how mineral planning authorities determine the impact of noise and what are the appropriate noise standards for mineral operators for normal operations. Given these concerns, DCC have recommended that the Council’s Environmental Health Section are consulted to confirm that the submitted NAPP is accurate in its conclusions and recommendations.
9.65 Derbyshire County Council (DCC) maintains its concerns regarding the proposals being inappropriate in the context of the existing mineral extraction operations in the area and the potential impacts that it may have on the safeguarding of both minerals infrastructure and the ongoing operations at the nearby quarries. DCC set out that it is their experience that camp sites located in the vicinity of major quarry sites similar to the proposed scheme, generate substantial complaints in respect of noise, dust, night-time working etc, but where the quarry has actually been operating within agreed limits
9.66 DCC set out that Dove Holes Quarry has recently been subject to an updated schedule of conditions under an Environment Act 1995 application for first periodic review and a copy of the approved schedule of conditions has been provided to the Council. The Council’s attention is drawn to those conditions setting upper noise limits for daytime, evening and night-time operations as well as conditions relating to blast vibration and dust management. Furthermore, the Tunstead Quarry complex (which includes both Bold Venture Lagoon which is located to the south of Batham Gate Road and Dove Hole Dales Tip which is to the north of the Wainwright’s Quarry site) is currently subject to a similar application involving the update of conditions. DCC consider that noise limits associated with those operations are likely to be similar to those for Dove Holes Quarry.
9.67 Section 11 of the NPPF seeks to prevent unacceptable risks from pollution and land stability to ensure new development is appropriate for its location. Similarly, Adopted Local Plan Policy EQ10 ‘Pollution Control and Unstable Land’ seeks to protect people and the environment from unsafe and polluted environments, requiring mitigation if necessary. In addition, Paragraph 17 of the NPPF requires a good standard of amenity for all existing and future occupants of land and buildings. Adopted Local Plan Policy EQ6 also stipulates that development should achieve a satisfactory relationship to adjacent development and should not cause unacceptable effects by reason of visual intrusion, overlooking, shadowing, overbearing or other adverse impacts on local character and amenity
9.68 The Council’s Environmental Health Department have been consulted in relation to the proposed scheme. In detail, it is set out that the submitted noise assessment report (AEG ref: P3349/R01/DB, dated 6th September 2016) indicates that noise from nearby quarrying operations could have an adverse impact on the proposed development. There is some doubt as to whether this could be mitigated through condition. Furthermore, the proposed development has the potential to adversely impact upon mineral safeguarding.
9.69 The applicant’s submitted noise report adopts the following assessment criteria: 50dBLAeq, 16hr during the day and 45dBLAeq,8hr and 60dBLAmax at night (22:00 to 07:00) and suggests these limits could be achieved through the provision of a bund. The measurement from the quarry is 48dBLAeq,16h, during the day and night time averages of 45dBLAeq,8h and 58dBLAmax. It is considered that the report takes an average of daytime measurements. However given the intrinsic uncertainty in data collected over a limited time period a “worst case” figure of 49dBLAeq,16h is considered to be more appropriate, as this was the level measured on 5 of the days measurements were undertaken (Section 3.5, Table 1). The Officer states that the report identifies that the quarry was not operational at night during the measurement period. However it makes a reasonable assumption that noise levels will not increase above daytime levels. Due to the shortened averaging time (8hrs at night as opposed to 16hrs during the day), the Officer considers that the applicant needs to
re-calculate the nightime LAeq using the daytime “worst case” data.
9.59 The Officer notes that he is not aware of any noise assessment criteria specific for camping sites. However World Health Organisation’s 1999 “Guidelines for Community Noise” (WHO), as adopted by BS8233 suggests daytime internal ambient noise level of 35dBLAeq,16h for rest and recuperation, night time noise levels of 30dBLAeq,8h and 45dBLAmax to avoid sleep disturbance. These values relate to indoor levels and should be seen as desirable screening levels, rather than final assessment criteria (for the purposes of this assessment). However they are authoritative values derived for the long term protection of health.
9.70 The Officer notes that the background noise levels (without quarry noise) are probably in the region of 30 to 35 dBA (L90) and there may well be an expectation from campers visiting a rural location that obtrusive industrial noise should not be experienced at all during the night. Whilst Section 4.8 of the report is accepted, however, it should be recognised that industrial noise is likely to have a different psychological effect upon campers than, for example, wind noise. It is subjectively likely to be seen as unwanted, nuisance, noise not in keeping with the perceived setting and this is likely to alter the noise-response relationship negatively.
9.71 BS4142:2014 sets out that: “Response to sound can be subjective and is affected by many factors, both acoustic and non-acoustic. The significance of its impact, for example, can depend on such factors as the margin by which a sound exceeds the background sound level, its absolute level, time of day and change in the acoustic environment, as well as local attitudes to the source of the sound and the character of the neighbourhood.”. The Officer states that this standard describes methods for rating and assessing sound of an industrial and/or commercial nature, on people who might be inside or outside a dwelling or premises used for residential purposes. Section 11 states that a difference of around +10 dB between rating level and a background sound level or more would be likely to be an indication of a significant adverse impact, depending on the context. A difference of around +5 dB is described as likely to be an indication of an adverse impact. The Officer considers that the rating level appears an attempt to take into account the specific acoustic features of the noise that may influence its impact, such as tonality and impulse. The submitted report does not appear to attempt to apply a rating value to the noise to account for these subjective features. Noting that the rating level can be up to 15dB above the measured levels. It is stated that if we assumed a background noise level (without quarry noise) of 35 dBA a measured level of 40dBA (at the campsite) – this would indicate an adverse impact. As noise is likely to be both tonal and impulsive in nature (at times) a minimum correction of +5dB is considered to be appropriate (and possibly more) to add to measured values i.e. 49dB (night time) + 5 = 54dB. This would result in 14dB above the ‘adverse impact level’ and 9dB above the “significant adverse impact” level. The Minerals Planning Guidance at paragraph 021 states: “In any event the noise limit should not exceed 42dB(A) LAeq,1h (free field) at a noise sensitive property.”
9.72 The Environmental Health Officer states that this report does not discuss the uncertainty inherent in the measurement and assessment of work activities at the CEMEX quarry site. Measurements were undertaken over a period of seven days from Friday 29 July to Friday 5 August 2016 at a location representative of the proposed camping area. It is not known how representative this period is, with regards to normal or future work activities at the CEMEX quarry site. It is suggested that in these circumstances, a minimum of +3dB should be applied to the specific sound level (CEMEX quarry noise) to account for this uncertainty, and to prevent quarrying operations being unduly restricted by the proposed development.
9.73 In these circumstances, it is concluded that even when utilising relatively relaxed values it is difficult to see how the quarry could not fail to have a significant detrimental impact on the proposed development. Equally once established the presence of the development may have negative impacts upon the viability of quarrying operations. As a result, it is not considered that the applicant has been able to demonstrate that the proposed camping/leisure use would not be adversely impacted by operations at the quarry particularly in respect of noise.
9.74 There are clearly significant concerns regarding adverse noise impacts to future occupiers of the scheme from the adjoining large scale quarrying operation. Further, that permitting a sensitive land use adjacent to a noisy use may lead to the restriction of this valued quarrying operation of a strategic scale. Paragraph 123 of the Framework states that amongst other things, planning policies and decisions should aim to ‘avoid noise from giving rise to significant adverse impacts on health and quality of life as a result of new development’ and ‘recognise that development will often create some noise and existing businesses wanting to develop in continuance of their business should not have unreasonable restrictions put on them because of changes in nearby land uses since they were established. These issues would clearly lead to a conflict with Local Plan policy EQ10 ‘Pollution Control and Unstable Land’ and the relevant guidance of the NPPF.
Highways
9.75 The NPPF promotes sustainable transport and recommends that Local Planning Authorities should seek to encourage and facilitate where possible sustainable patterns of transport using practical alternatives to private motor vehicles so that people have a real choice about how they travel.
9.76 Policy CF6 of the Local Plan seeks to ensure development can be safely accessed in a sustainable manner. Proposals should minimise the need to travel, particularly by unsustainable modes. It aims to ensure that all new development is located where the highway network can satisfactorily accommodate traffic generated by the development or can be improved as part of the development.
9.77 Vehicular access to the scheme is proposed to be via the existing access, modified to accommodate two-way movement by towing vehicles, with additional pedestrian links with the bus stop to the east of the site and the village to the west. The scheme is for a development comprising 61no. mobile caravan pitches, 19no. ‘glamping pods’ and 30no. tent pitches with complementary outdoor leisure uses. A Transport Statement has been prepared in support of the application in which it is predicted that the completed development would be likely to generate around 250no. daily vehicle trips.
9.78 The details contained within the Transport Statement have been reviewed and, whilst the Local Highway Authority does not necessarily concur with every detail contained therein, it is considered that there is no evidence base to suggest that its conclusion with respect to capacity of the local highway network is incorrect. Whilst afforded with carriageway centreline markings, it is noted that the width of Batham Gate Road in the vicinity of the site access is between 5.0m and 6.0m width with no footways and negligible highway verges on each side. The lower end of this range is considered by the Officer to be likely to prove insufficient to enable two towing vehicles (or towing vehicle and bus/ large HGV) travelling in opposite directions to pass. It is suggested therefore that the operation of Batham Gate Road across the frontage of the controlled land is monitored for a period commencing on first occupation of the site for 5 years post opening of the full development to establish whether or not the need for provision of localised widening, to create inter-visible passing opportunities, arises. The Council, however, considers that such highway potential improvements need to be identified as a pre-determination matter prior to any planning decision. This matter has been highlighted to the applicant, as well as County Highways and Members will be updated at the meeting.
9.79 The Local Highways Authority states that the submitted details include proposals to modify the access to aid manoeuvring of towing vehicles to and from the site, suitability of these being demonstrated by means of swept path analysis. In addition, proposed improvements to exit visibility sightlines are demonstrated, the results of the traffic speed survey supporting acceptability of these. It is also noted that there does not appear to be any detail with respect to the access gradient and in these circumstances, care will be required to ensure that this is not too excessive adjacent to the improved exit radius for use by towing vehicles. It is advised that due to the extent of works being proposed in association with the access modifications, an Agreement under Section 278 of the Highways Act 1980 would need to be entered into by the applicant with the Local Highway Authority, in order to undertake these Works.
9.80 The Local Highways Officer confirms that the proposed internal road layout is also demonstrated as being acceptable for purpose by means of swept path analysis. It is advised that the pedestrian link proposed between the site and Bus Stop to the east of the site would need to be surfaced using bound materials and lit. A further pedestrian link is shown between the site and existing footpath to the west of the site and it is recommended that the routing of this link be reviewed to create a more desirable alternative to the use of Batham Gate Road for pedestrians moving between the site and amenities within Peak Dale. In these respects, it is queried whether a locating a footpath to the rear of the wall fronting Batham Gate Road been explored. As well, it is advised that this link should also emerge directly onto Batham Gate Road, with the existing footway being extended as necessary to complete the link and be surfaced and lit in an appropriate manner. The Officer states that detailed designs of the accesses to these links would need to be submitted for approval and as other routes within the site are designated as shared cycle/ pedestrian use, there may be some benefit in having similar shared use of the links.
9.81 It is highlighted that the Transport Statement identifies the lack of operational street lighting across the frontage of the site. This would be somewhat allayed with provision of surfaced and lit pedestrian links as outlined above. However, subject to these links being satisfactorily implemented, it may be necessary for the Local Highways Authority to undertake a review of street lighting in the vicinity of the site access with any requisite improvements being funded by the applicant. In these circumstances, the pedestrian/ cycle accesses, footway link and any requisite lighting improvements may also form a part of the Agreement under Section 278 of the Highways Act 1980. Comments on the Framework Travel Plan have been requested from DCC Transportation Section. These are still awaited and Members will be provided with an update at the meeting. It is confirmed that proposals in respect to HGV activity during the construction phase would appear to be acceptable. However, it is suggested that the applicant liaises with DCCs Traffic Safety and Management Section at a time closer to commencement in order to establish any requisite warning signage etc.
9.82 On a wider note, the Transport Assessment (TA) submitted in support of this application indicates that the likely source of the material from the bund is via a local operator at Victory Quarry, which is also located on Batham Gate Road. DCC, in its role as Waste Planning Authority has received a submission from the operator of that facility providing details of its proposed restoration with the aim of ceasing the processing and recycling of inert wastes within the near future. In considering the assessment of Heavy Goods Vehicle movements associated with the transport of the proposed infill material, the Highways Officer states that consideration may need to be given to the fact that, dependent on timing, the closure of this facility would require inert materials to be transported from further afield. In light of the need for additional inert materials, the TA may also need to be updated.
9.83 Subject to recommended conditions and a satisfactory s106 agreement for potential junction improvements as identified above, the proposal is considered to accord with Local Plan policy CF6 ‘Accessibility and Transport’ and the NPPF.
9.84 On matters of contamination and flood risk, these require conditions addressing site investigation and a drainage scheme based upon SuDs principles.
Conclusions & Planning Balance
9.85 Clearly, the proposal would provide for some more limited economic and social benefits arising from job creation and spending power in the local economy including both construction, as well as indirect benefits in terms of raising the profile of the town as a tourism destination. In addition, the limited residual landscape and nature conservation harm identified above does not substantially and demonstrably outweigh these benefits. Set against this, the proposal is inappropriate in the context of the existing mineral extraction operations in the area and the potential impacts that it may have on the safeguarding of both minerals infrastructure and the ongoing operations at the nearby quarries contrary to mineral safeguarding policy. Accordingly, the proposal is not considered to be a sustainable form of development and on this basis is recommended for refusal.
10. RECOMMENDATION:
a) Planning permission be refused for the following reason:
The proposed change of use of the former limestone quarry to camping and outdoor leisure development, together with associated earthworks and landscaping is considered to be inappropriate in the context of the existing mineral extraction operations in the area and the potential impacts that it may have on the safeguarding of both minerals infrastructure and the ongoing operations at the nearby quarries. This is contrary to the Adopted Local Plan, which sets out the Council’s approach in relation to the consideration of minerals and waste planning at paragraphs 1.15 to 1.19, including a requirement to consider the saved policies of the adopted Derby and Derbyshire Minerals Plan, including those that relate to Minerals Consultation Areas and Minerals Safeguarding Areas. Whilst the National Planning Policy Framework (NPPF) sets out policy to ensure that minerals of local and national importance are not needlessly sterilised by non-mineral development and the Council consider that these matters have not been sufficiently addressed in assessing the scheme’s impact in relation to nearby quarrying activities. Further, the NPPF also states that amongst other things, planning policies and decisions should aim to ‘avoid noise from giving rise to significant adverse impacts on health and quality of life as a result of new development’ and ‘recognise that development will often create some noise and existing businesses wanting to develop in continuance of their business should not have unreasonable restrictions put on them because of changes in nearby land uses since they were established. In these regards the scheme constitutes an unsustainable form of development contrary to policies SS1 and EQ10 of the Adopted Local Plan, the Derby and Derbyshire Minerals Local Plan (adopted 2000 and amended in 2002) and the relevant guidance of the NPPF.
b) In the event of any changes being needed to the wording of the Committee’s decision (such as to delete, vary or add conditions/informatives/planning obligations or reasons for approval/refusal) prior to the decision being issued, the Operations Manager – Development Services has delegated authority to do so in consultation with the Chairman of the Development Control Committee, provided that the changes do not exceed the substantive nature of the Committee’s decision.
Informatives(s)
1. This recommendation is made following careful consideration of all the issues raised through the application process and thorough discussion with the applicants. In accordance with Paragraph 187 of the NPPF the Case Officer has sought solutions where possible to secure a development that improves the economic, social and environmental conditions of the area.
Site Plan