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Report Reference: 5.1 Regulatory and Other Committee Report Reference: 5.1 Regulatory and Other Committee Open Report on behalf of Richard Wills Executive Director for Communities Report to: Planning and Regulation Committee Date: 3 October 2011 Subject: County Matter Application – (E)S199/1350/11 Summary: Supplementary Report Proposed planning conditions relating to the application by Welton Aggregates Limited (Agent: Hughes Craven Ltd) to locate a mobile concrete batching plant at Highfield Quarry, A1028, Bluestone Heath Road, Welton Le Marsh, Spilsby, Lincolnshire. Recommendation: It is recommended that planning permission (E)S199/1350/11 be issued subject to the conditions contained in Appendix A of this report. Background 1. At its meeting on 5 September 2011 the Planning and Regulation Committee resolved that it is minded to approve Welton Aggregates Limited’s planning application (ref: (E)S199/1350/11) to locate a mobile concrete batching plant at Highfield Quarry, A1028, Bluestone Heath Road, Welton Le Marsh, Spilsby. The original Committee Report prepared for this application is attached hereto as Appendix B. 2. The proposed mobile concrete batching plant would be sited at the base of the quarry, adjacent to an existing tarmacadam plant. It was proposed that the concrete batching plant would (in addition to imported cement) utilise chalk won from the quarry; aggregates derived from the on-site construction and demolition waste recycling facility; and primary aggregates (sand) imported to the site on a backload basis. The detailed ratio’s/quantities of materials to be sourced from the various feedstock’s outlined above was not specified within the proposals. 3. In light of the Committee’s resolution that it is minded to approve the application, Officers have now prepared a series of planning conditions which are proposed to be attached to the planning permission once it is issued. The reasons for granting planning permission, following the Page 1 recorded debate in the minutes of the Planning and Regulation Committee, and the planning conditions proposed to be attached to the subsequent decision are set out in Appendix A of this report. The planning conditions set out in Appendix A take into account the advice and recommendations received from consultees during the consideration of the application as well as best practice advice and guidance in relation to the use of planning conditions. RECOMMENDATIONS That planning permission (E)S199/1350/11 be issued subject to the planning conditions and reasons for approval as set out in Appendix A of this report. Informative Attention is drawn to the comments of the Environment Agency included in their letter (ref: AN/2011/112545/01-L01) dated 8 August 2011 and attached to this decision notice. Appendices These are listed below and attached at the back of the report Appendix A Proposed Planning Conditions for Application (E)S199/1350/11 Appendix B Report Reference 5.2 to the Planning and Regulation Committee on 5 September 2011 relating to County Matter Application (E)S199/1350/11 – To locate a mobile concrete batching plant at Highfield Quarry, A1028, Bluestone Heath Road, Welton Le Marsh, Spilsby (Welton Aggregates Limited). Page 2 Background Papers The following background papers as defined in the Local Government Act 1972 were relied upon in the writing of this report. Document title Where the document can be viewed Planning Application File Lincolnshire County Council, Planning, Witham (E)S199/1350/11 Park House, Waterside South, Lincoln Planning and Regulation Lincolnshire County Council website Committee Meeting Minutes www.lincolnshire.gov.uk – 5 September 2011 This report was written by Richard Leonard, who can be contacted on 01522 782070 or [email protected] Page 3 APPENDIX A Proposed Planning Conditions and Reasons for Approval for Application (E)S199/1350/11 Proposed Planning Conditions 1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Written notification of the date of commencement shall be sent to the Minerals Planning Authority within 7 days of such commencement. 2. The development hereby permitted shall be carried out in strict accordance with the details contained in the submitted application, accompanying design and access statement and associated ‘plant information’, and plans referenced below, except as may be modified by other conditions of this planning permission: Drawing 0151-23-5 Rev B (Location Plan) – received 20 June 2011. 3. The site shall only be used as hereby permitted whilst the Highfield Quarry remains active. The hereby permitted development shall cease, and all associated structures, plant and equipment shall be removed from the site within 6 months of the date of quarry operations ceasing and the approved quarry restoration scheme commencing. 4. No development shall take place until a detailed scheme outlining the provision of a suitably sized impermeable hard surface to cover the extent of the proposed operations, along with an associated sealed surface water drainage system (designed to collect and segregate contaminated process/wash waters from clean surface waters), has been submitted to and approved in writing by the Minerals Planning Authority. Thereafter the scheme shall be implemented in strict accordance with the approved details prior to the commencement of development, and suitably maintained for the life of the development. 5. Unless otherwise agreed in writing by the Minerals Planning Authority, no activities or operations associated with the development hereby permitted, including the movement of materials in and out of the site by commercial vehicles, shall take place outside the hours of:- 07:00 to 18:00 Monday to Friday, and 07:00 to 12:00 on Saturdays No activities or operations associated with the hereby permitted development shall take place on Sundays, Pubic Holidays or Bank Holidays. 6. All feedstock aggregates (sands) imported to the site for use in the hereby permitted concrete batching plant shall only be stored within the defined application site (red-line area) as indicated on Drawing 0151-23-5 Rev B Page 4 (Location Plan) – received 20 June 2011. Materials shall not be stacked or deposited within the site to a height exceeding 3 metres. 7. With the exception of imported cement and sands, the hereby permitted concrete batching plant shall only utilise feedstock materials sourced directly from the primary mineral workings (chalk worked from the quarry) and the permitted on-site construction and demolition waste recycling operations. No other aggregates shall be imported to the site for use in association with the hereby approved development. 8. The level of noise arising from the hereby permitted operations shall not exceed 55dB(LAeq) (1 hour) freefield when measured 1.2 metres above ground and not less than 4 metres from the façade of any noise sensitive receptor. 9. All vehicles, plant and machinery operated in association with the hereby permitted development shall be fitted with and use effective silencers and be maintained strictly in accordance with the manufacturer’s recommendations. 10. Notwithstanding the provisions of Parts 2 and 4 of the Town and County Planning (General Permitted Development) Order 1995 (or any Order amending, replacing or re-enacting that Order) no machinery, buildings, works or equipment including the siting and use of crushing equipment shall be erected or stationed on the site. 11. No commercial vehicles shall enter the public highway unless their wheels and chassis have been cleaned to prevent material being deposited on the highway. 12. At all times the surfacing of the access to the development hereby permitted shall be maintained in a good state of repair and kept clean of mud and other debris. 13. Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of any bunded compound shall be at least equivalent to the capacity of the tank plus 10%. Reasons 1. This condition is required by Section 91 of the Town and Country Planning Act 1990 (as amended). 2. To ensure the development is carried out in accordance with approved details. 3. To enable the Minerals Planning Authority to control the development and to ensure the development does not compromise the restoration of the quarry. Page 5 4. In the interests of minimising surface and ground water pollution and in accordance with the comments of the Environment Agency. 5. In the interests of the general amenity of the area and the character of the Lincolnshire Wolds Area of Outstanding Natural Beauty (AONB), to reflect the hours of operation applied for within the application, and to correspond with the existing permitted uses at Highfield Quarry. 6. To ensure the development is carried out in accordance with approved details, and in the interests of the general amenity of the area and the character of the Lincolnshire Wolds AONB. 7. To ensure the development is carried out in accordance with approved details. 8 & 9 To minimise disturbance from operations and avoid nuisance to local residents, in the interests of the general amenity of the area and the character of the Lincolnshire Wolds AONB. 10. To enable the Minerals Planning Authority to control the development. 11 & 12 In the interests of highway safety and the general amenity of the area. 13. In the interest of minimising surface water pollution. Reasons for Granting Planning Permission Whilst insufficient evidence has been provided to demonstrate that the proposed development would be sufficiently linked to the existing quarry operations to present an appropriate or necessary use for the site (in line with the requirements of Minerals Local Plan Policy M18), on balance, the Minerals Planning Authority considers that the proposed development would have a negligible impact on local amenity and the character of the Lincolnshire Wolds AONB given its scale and location at the base of the existing quarry, limited traffic movements associated with the operations and that at such time quarry operations cease the concrete batching plant must be removed.
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