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. The proposals would not therefore compromise the relevant objectives of PPS4, PPS7, PPS9, MPS1, and Policies A4 and C11 of the East Lindsey Local Plan.
Policies Referred To
National Guidance Planning Policy Statement 4 (PPS4) – Planning for Sustainable Economic Growth 2009 Planning Policy Statement 7 (PPS7) – Sustainable Development in Rural Areas 2004
Page 6 Planning Policy Statement 9 (PPS9) - Biodiversity and Geological Conservation 2005 Minerals Policy Statement 1 (MPS1) – Planning and Minerals 2006
Lincolnshire Minerals Local Plan 1991 (Saved Policies 2007) Policy M18 - Mineral Related Industrial Development
East Lindsey Local Plan (Alteration) 1999 (Saved Policies 2007) Policy A4 – Protection of General Amenities Policy C11 – Lincolnshire Wolds Area of Outstanding Natural Beauty and Areas of Great Landscape Value
Page 7 Report Reference: 5.2 Regulatory and Other Committee Open Report on behalf of Richard Wills Executive Director for Communities
Report to: Planning and Regulation Committee
Date: 5 September 2011
Subject: County Matter Application – (E)S199/1350/11
Summary: Planning Permission is sought 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: That planning permission be refused on account that the proposals fail to demonstrate a sufficient link with the existing authorised activities at Highfield Quarry, and therefore would be inappropriate in the proposed location, and would generate additional HGV traffic in the Lincolnshire Wolds Area Of Outstanding Natural Beauty.
Background
1. Highfield Quarry is a historic chalk quarry. The first permission was granted in January 1948 under an Interim Development Order (IDO). This permission covers the north-western section of the quarry and can be separated into two areas. The southernmost of these two areas has been partially worked whilst the northern area remains in agricultural use. Under the provisions of the Planning and Compensation Act 1991, new conditions were approved for this permission in January 2009.
2. Mineral extraction in the southern area of the quarry was permitted in 1954; new conditions for this area were agreed in 1997 and remain in place today. The applicant states that the bulk of these reserves have been extracted in this area and that restoration is currently underway.
3. Planning permission to use the existing permitted crushing facilities for the crushing and screening of concrete and brick for recycling as aggregate at Highfield Quarry was granted at appeal on 30 November 1999. Councillors will recall that on 10 May 2010 they resolved to grant planning permission to enlarge and relocate the existing recycling area and to broaden the range of materials accepted at Highfield Quarry. That proposal sought to: move the recycling site to an area that did not result in the sterilisation of minerals
Page 1 reserves; increase the size of the area to be utilised to enable recycling operations to be undertaken in a safe and effective manner; and to allow a wider range of waste to enter the site for crushing and recycling opportunities. This permission broadens the site’s recycling operations to construction and demolition wastes including tiles, ceramics, glass, road planings, soils and stones (Ref. (E)S199/0575/10) and is subject to a condition limiting associated throughput of wastes to 25,000 tonnes per annum.
4. In 2005 conditional planning permission was granted to install a mobile tarmacadam plant and associated equipment. (Ref. (E)S199/1393/05). Members may also recall that planning permission was subsequently granted on 3 December 2010 (Ref. (E)S199/2037/10) to vary the conditions attached to this consent, in order to enable the permitted tarmacadam plant to utilise aggregates derived from the previously permitted construction and demolition waste recycling operation within the quarry (in addition to the chalk fines derived from the mineral operation as was originally permitted). The time limit on the above development was also extended and linked to the life of the quarry.
5. In recent years the quarry has been mothballed whilst the applicant has focussed its activities at South Thoresby Quarry. A concrete batching plant and a number of other activities are currently located at South Thoresby but are subject to an Enforcement Investigation in relation to this apparent unauthorised development. The applicant now proposes to recommence activities at Highfield.
The Application
6. Planning permission is sought to locate a mobile concrete batching plant at Highfield Quarry, Bluestone Heath Road, Welton Le Marsh, Spilsby. A sustainable market for pre mixed concrete has been identified within an economical haul distance of the quarry.
Proposed Equipment
7. The proposed concrete batching plant would consist of two principal components: a ‘Sami Tecno 3’ mobile batching plant, including hoppers for storage of aggregates; and a horizontal ‘Eurosilo’ for the storage of cement. It is stated that the plant would require no infrastructure over and above that already present at the site and is fully mobile.
8. The Tecno 3 batching plant would comprise of hoppers, a weighing system with electronic load cells, a bucket elevator, and extractor belts. When operational the plant would measure 11.5m by 2.5m, with the highest part of the hopper being approximately 3.7m above the ground, and the bucket elevator being up to 5.7m above the ground.
Page 2 9. The cement would be stored in a horizontal silo which is proposed to be positioned immediately adjacent to the aggregate hoppers (Tecno 3 plant) and would be of similar dimensions.
10. Aside from the aforementioned equipment, all plant to be utilised, such as loading shovels etc is noted to be already present within the quarry. No artificial lighting is proposed in association with the proposed development.
Materials/Feedstock to be Utilised
11. It is proposed that the concrete batching plant would utilise chalk extracted from the quarry, and a range of recycled aggregates produced by the already permitted on-site recycling activities. The applicant recognises that chalk aggregates are not suitable for the production of all specifications of concrete, and as such proposes that the chalk is utilised in lower grade concretes, with higher grades focussing primarily on aggregates derived from the recycled products produced on site.
12. Whilst the applicant notes that the bulk of sands utilised by the proposed batching plant would be recycled materials, it is stated that it may be necessary to use small quantities of imported sand to blend with recycled products in order to maintain consistent quality. The only other product that would be required to be imported to the site specifically as a result of this proposal would be cement.
13. No data has been provided by the applicant in relation to the anticipated throughput of the various specified materials in relation to the proposed concrete batching plant.
Traffic Movements
14. It is reported that Welton Aggregates currently operate two readymix concrete vehicles and, subject to demand, it is envisaged that there would be an average of 10 vehicle movements per day associated with the operations. In addition, the delivery of cement to the site is proposed to comprise of one delivery (i.e. two vehicle movements) per week.
15. The importation of sand to the site is proposed to be accommodated on a ‘back load’ basis (associated with vehicle movements derived from the primary mineral operation and the on-site recycling operations), and as such, no figures have been provided by the applicant in relation to likely vehicle movements in this respect.
Hours of Operation and Timescale
16. In accordance with the conditions attached to the extant minerals permissions, it is proposed that no operations would be carried out outside of the following times:
Page 3 07:00 hrs to 18:00 hrs Mondays to Fridays, and 07:00 hrs to 12:00 hrs on Saturdays or at any time on Sundays, Bank or Public Holidays
17. In line with permissions for other ancillary operations within the quarry, it is proposed to remove the proposed plant upon the cessation of mineral extraction at the site (the application site would then be restored in line with the overall restoration strategy for the quarry.
Site and Surroundings
18. Highfield Quarry is situated between the villages of Welton-le-Marsh and Skendleby, some 12km north-west of Skegness, and lies within the Lincolnshire Wolds Area of Outstanding Natural Beauty (AONB). The quarry entrance is situated to the north of the A1028 (Bluestone Heath Road). The surrounding countryside is arable and undulating with wide open views. The quarry is situated at the top of a hill and the application site is located on the quarry floor. Views into the quarry are minimal, with no views of the site from public land. The quarry is designated as a Regionally Important Geological Site (RIGS) and it is adjacent to Welton High Wood Local Wildlife Site (LWS). Two residential properties are situated to the north of the quarry’s access onto the A1028 Bluestone Heath Road. A petrol station and dwelling abut the quarry’s southern boundary and a further dwelling lies beyond the petrol station.
19. Specifically, the proposed batching plant would be located adjacent to the already permitted cold-coating tarmacadam plant, which is located at the base of the quarry alongside the north western face of the worked area, and is approximately 100m north of the site entrance, office and weighbridge. The application site is also adjacent to the internal haul road which runs eastwards towards the wheel wash and down into the quarry.
Main Planning Considerations
National Guidance
20. Planning Policy Statement 4 (PPS4) – Planning for Sustainable Economic Growth 2009
Policy EC6 of PPS4 states that Local Planning Authorities should ensure that the countryside is protected for the sake of its intrinsic character and beauty, the diversity of its landscapes, heritage and wildlife, the wealth of its natural resources and to ensure it may be enjoyed by all. A number of criteria are set out which Local Planning Authorities should follow in relation to development in rural areas, and which includes strictly controlling economic development in the open countryside away from existing settlements, or outside areas allocated for development in development plans.
Page 4 Planning Policy Statement 7 (PPS7) – Sustainable Development in Rural Areas 2004
PPS7 sets out the Government’s planning policies for rural areas. Paragraph 21 states that nationally designated areas comprising National Parks, the Broads, the New Forest Heritage Area and Areas of Outstanding Natural Beauty (AONB), have been confirmed by the Government as having the highest status of protection in relation to landscape and scenic beauty. The conservation of the natural beauty of the landscape and the countryside should therefore be given great weight in planning policies and development control decisions in these areas. The conservation of wildlife and the cultural heritage are important considerations in all these areas.
Planning Policy Statement 9 (PPS9) - Biodiversity and Geological Conservation 2005
PPS9 sets out the Government’s vision for conserving and enhancing biological diversity in England and states that planning decisions should aim to maintain, enhance, restore or add to biodiversity and geological conservation interests. Local Planning Authorities (LPAs) should therefore ensure that appropriate weight is attached to designated sites of international, national and local importance; protected species; and to biodiversity and geological interests within the wider environment. Where granting planning permission for new development would result in significant harm to those interests, LPAs will need to be satisfied that the development cannot reasonably be located on any alternative sites that would result in less or no harm. In the absence of any such alternatives, LPAs should ensure that, before planning permission is granted, adequate mitigation measures are put in place. Where a planning decision would result in significant harm to biodiversity and geological interests which cannot be prevented or adequately mitigated against, appropriate compensation measures should be sought. If that significant harm cannot be prevented, adequately mitigated against, or compensated for, then planning permission should be refused.
Minerals Policy Statement 1 (MPS1) – Planning and Minerals 2006
MPS1 promotes a hierarchical approach to minerals planning which encourages the use of recycled and secondary material. Paragraph 9 sets out the National objectives for minerals planning, including to:
Ensure, so far as practicable, the prudent, efficient and sustainable use of minerals and recycling of suitable materials, thereby minimising the requirement for new primary extraction;
Local Plan Context
21. The following policies of the Lincolnshire Minerals Local Plan 1991 (Saved Policies 2007) are relevant to this proposal:
Page 5 Policy M18 (Mineral Related Industrial Development) states:
The County Council will only permit applications for mineral related industrial development on land forming part of, or adjoining a mineral working site, where there are close links between the proposed development and the mineral workings and where the proposed development is acceptable on environmental and traffic grounds. In all other cases applications will be considered against the County Council’s policies relating to industrial development set out in the Structure Plan.
22. The following policies of the East Lindsey Local Plan (Alteration) 1999 (Saved Policies 2007) are relevant to this proposal:
Policy A4 – Protection of General Amenities states:
Development, which unacceptably harms the general amenities of people living or working nearby, will not be permitted.
Policy C11 – Lincolnshire Wolds Area of Outstanding Natural Beauty and Areas of Great Landscape Value:
A. The Council will protect the natural beauty of the Lincolnshire Wolds Area of Outstanding Natural Beauty (AONB) and the distinctive character of the Areas of Great Landscape Value (AGLV) by not permitting development which would:-
i) harm landscape features which contribute to the character of the area; ii) harm the distinctive character, role or regional or local historic significance of the area; or iii) inhibit the quiet enjoyment of the AONB.
C. Small scale development – including local employment and visitor attraction uses and sport and recreational development – will be permitted in the AONB and AGLV where it can comply with other policies of the plan but also in the AONB only where:-
i) it is in or alongside a settlement; and ii) it is required to meet the social or economic needs of the Wolds communities; and iii) it does not harm the quiet enjoyment, or the distinctive character of the AONB.
D. Where development proposals in the AONB are otherwise acceptable in principle, they will not be granted planning permission unless they have demonstrated how their layout, design, materials, scale, siting and appearance have taken account of and complement – the locally distinctive characteristics of the landscape, settlements or buildings.
Page 6 Results of Consultation and Publicity
23. (a) Local County Council Member, Councillor C J Davie – consulted on 21 July 2011. No comments received at the time of preparing this report.
(b) Welton Le Marsh Parish Council – consulted on 21 July 2011. No comments received at the time of preparing this report.
(c) Ashby with Scremby Parish Council – consulted on 21 July 2011. No comments received at the time of preparing this report.
(d) East Lindsey Environmental Health Officer – consulted on 21 July 2011. No comments received at the time of preparing this report.
(e) Environment Agency – no objection to the proposed development as submitted, but wishes to make a number of informative comments for the applicant’s attention. These informative comments cover the following points:
Environmental Permitting requirements Pollution Prevention (requirement for suitably sized impermeable surface with a sealed drainage system) Disposal of Wash Waters (quarry is located within a ‘Groundwater Source Protection Zone’: permit needed in order to discharge treated wash waters to ground) Disposal of Solids Water Usage Recycled Materials
(f) Campaign to Protect Rural England – given the location of the plant adjacent to the tarmac batching plant on the floor of the quarry and well out of view from the surrounding landscape of the Lincolnshire Wolds AONB, we raise no objections to the application. Provided the on-site conditions are met and the level of vehicle movements is as stated, then the impact of the plant should be only marginally that already granted through the existing permissions for the site.
(g) Natural England – this application is in close proximity to Willoughby Wood and Candlesby Hill SSSI’s and within Lincolnshire Wolds AONB. However, given the nature and scale of this proposal, Natural England raises no objection to the proposal being carried out according to the terms and conditions of the application and submitted plans on account of the impact on designated sites. Informative notes are also provided in relation to assessing possible impacts on protected species and local wildlife sites, and the consideration of biodiversity enhancements.
(h) Lincolnshire Wildlife Trust – Highfield Quarry is designated as a Regionally Important Geological Site (RIGS) known as Welton le Marsh Quarry RIGS and it is adjacent to Welton High Wood Local Wildlife Site (LWS). We would not expect the proposals to have significant
Page 7 additional adverse impacts on the LWS over and above the disturbance resulting from the existing works within the quarry. Given that the application site is situated in the worked base of the quarry we would not expect the proposed works to have any adverse impacts on the geological interest of the site or protected species.
(i) Highways Officer (Lincolnshire County Council) – consulted on 21 July 2011. No comments received at the time of preparing this report.
(j) Wolds Countryside Service Manager – consulted on 21 July 2011. No comments received at the time of preparing this report.
(k) Countryside Officer (Lincolnshire County Council) – consulted on 21 July 2011. No comments received at the time of preparing this report.
(l) Natural Environment Team (Lincolnshire County Council) – no comments to make.
24. The application has been publicised by site notice and press notice (Skegness Standard – 3 August 2011), and neighbouring properties individually notified.
25. Two comments have been received as a result of this notification and publicity at the time of preparing this report, in which no objections are raised to the proposals, subject to the roads being kept clean and any dust kept down.
District Council’s Recommendations
26. East Lindsey District Council has no objections to raise to the application subject to the imposition of conditions to ensure that the concrete batching plant is of the size described in the application and located in accordance with the submitted plans and conditions to protect general amenity as previously applied to planning application number S/199/0667/99 are re- applied, but modified where necessary to take into account the current proposal.
Conclusions
27. Planning permission is sought to locate a mobile concrete batching plant at Highfield Quarry, Bluestone Heath Road, Welton Le Marsh, Spilsby. Following consultation and review of relevant planning policy, the main planning considerations relevant to the determination of this planning application are as follows:
Relationship to Existing Authorised Activities
28. It is proposed to site the concrete batching plant within an existing chalk quarry. One of the key requirements of Minerals Local Plan Policy M18 (in relation to proposals for mineral related industrial development within
Page 8 mineral workings) is that there are close links between the proposed development and the mineral workings. Given that the applicant has acknowledged that chalk is unsuitable for use in all but the lowest specifications of concrete, it is considered that the link to the quarry is weak in this respect, particularly given that it is anticipated that the applicant would not wish to limit production to very low quality concrete. Successful trials are referred to but no evidence has been provided. Furthermore, the County Planning Authority have sought further advice from the ‘Lincolnshire Laboratory’ in this respect, who have confirmed that the chalk available at the site would, in general terms, be of too poor a quality (soft) to meet the specification requirements for concrete aggregate. It is also noted that the chalk from the site is variable in strength, which would present difficulties in managing the quality of output in order to attempt to achieve the appropriate requirements. The applicant has also failed to provide any details in relation to the anticipated amounts or proportions of chalk that would be used in the proposed batching plant. Accordingly, it is considered that the proposals do not meet the relevant requirements of Minerals Local Plan Policy M18 in this respect.
29. Notwithstanding the above, it should be acknowledged that the proposed development is also intended to make use of materials derived from the permitted construction and demolition waste recycling facility located within the quarry site. However, the link to this ancillary development within the existing quarry is also considered to be unproven due to the lack of information provided by the applicant in relation to the amounts/proportions of recycled aggregates that would be utilised in the process, and the amount of primary aggregates that would need be imported to the site for use in the proposed batching plant. Furthermore, in relation to the sands required for the concrete batching process, whilst the applicant has stated that it is proposed to derive these from the on-site recycled materials (through use of the permitted crushing equipment associated with the working of the quarry), it is questionable whether this process would provide the appropriate grade and quantity of sand required, particularly given the absence of more suitable equipment such as a washing plant (i.e. to separate sands from finer materials). It is therefore considered likely that the applicant would be required to import significant quantities of primary aggregates to the site. Indeed this view is strengthened by the current activities under investigation at South Thoresby Quarry, where a construction and demolition waste recycling operation also exists, yet considerable amounts of sand and other aggregates appear to be being imported for use in the concrete batching plant at the site.
30. Accordingly, there is considerable doubt as to whether the proposed development would have a strong enough link to the existing quarry site for it to be considered as appropriate or necessary in this location (within the countryside and an AONB), as opposed to being located within a dedicated industrial area.
31. Further to the above, it is important to consider the other relevant material considerations in relation to this proposal, for example the likely impact of
Page 9 the development on the local and surrounding environment. Given the site’s location within the Lincolnshire Wolds AONB, the impact of the proposals on this nationally designated landscape is of considerable importance, as recognised by PPS7 and Local Plan Policy C11.
Visual Impact
32. The proposed location of the concrete batching plant would ensure that it would not be visible from outside of the quarry. Indeed, the applicant notes that the highest point of the proposed plant would be positioned four to five metres below the adjacent ground levels. The proposed concrete batching plant would also be subordinate to the (larger) cold coating tarmacadam plant adjacent to which it is proposed to be located. Accordingly, the visual impact of the proposed plant is considered to be negligible, and its presence would not therefore have an impact on the visual character of the Lincolnshire Wolds AONB. This is acknowledged in the comments received from the Campaign to Protect Rural England. As such, the development would accord with the relevant requirements of PPS7, and Local Plan Policies A4 and C11 in this respect.
Noise/Dust
33. The applicant states that it is not anticipated that the component of measurable noise levels attributable to the proposed concrete batching plant would exceed the permitted levels at the site of “ambient plus 10dB” or the maximum limit of 55dB.LAeq as set out in Minerals Policy Statement 2. It is also stated that existing control measures would effectively minimise the potential for dust nuisance arising from the site. No comments have been received from the Environmental Health Officer to suggest that the proposals would give rise to any concerns in relation to the above matters. When considering the above, and the context of the site being situated within an operational quarry, it is considered that the proposed development would not give rise to unacceptable levels of noise pollution or dust generation and therefore would again accord with the relevant requirements of the policies discussed in the above paragraph in this respect.
Ecology/Geology
34. The applicant refers to a previous ecological assessment undertaken for the quarry site, and states that no evidence was found in relation to the presence of any protected species in or around the quarry area, and that the active quarry area does not provide any significant habitats. Comments received from Natural England and the Lincolnshire Wildlife Trust concur that the proposed works are unlikely to have a detrimental impact on local ecology or geology given their proposed location within the existing operational quarry, and as such it is considered that the proposals accord with the relevant objectives of PPS9 and PPS7.
Page 10 Highways/Traffic
35. The applicant has confirmed that the proposals would give rise to an additional 10 vehicle movements per day, and a further two per week for deliveries of cement to the site. The applicant has acknowledged that an unspecified amount of primary aggregates (sand) would be required to be imported to the site, but that this would be accommodated on a back load basis.
36. Although the quarry itself is not subject to an output restriction, it is considered that, once quarrying activities recommence, associated HGV movements are likely to be low due to the limited market for chalk which is only suitable for a narrow range of applications. When further considering that the permitted waste recycling operation is subject to a throughput restriction of 25,000 tonnes per annum, it is considered that the anticipated traffic movements associated with the proposed concrete batching plant would present a significant increase within the context of the collective vehicle movements associated with the authorised operations at the site. There is also the additional concern (discussed previously) regarding the uncertainty over the likely amount of primary minerals that would be imported to the site on the proposed back load basis. If this does not take place (and it would be difficult to effectively control through planning condition) it could further increase the impact of the proposals on the local highway network.
37. The proposed increase in traffic movements and the resultant impact on the local environment is a key consideration given the location of the site within the open countryside and the AONB, and indeed the Local Planning Authority’s duty to strictly control economic development in the open countryside (outside of dedicated/allocated areas) as outlined in PPS4. When considering the doubt cast over whether the proposed development would be sufficiently linked to the quarry and its ancillary operations in order to justify its suitability for the proposed location, it is considered that the impact of additional traffic on the AONB would be an unnecessary one as the proposed development should be sited within a dedicated industrial area. Accordingly, the proposed development would be contrary to the objectives of PPS4, PPS7, Minerals Local Plan Policy M18, and East Lindsey Local Plan Policies A4 and C11 in this respect.
38. In summary, whilst acknowledging that limited ancillary development has been permitted at Highfield Quarry in recent years, it is considered that this proposal is further removed from the primary purpose of the quarry. In the absence of clear evidence to demonstrate that the concrete batching plant has a strong link to the quarrying activities or the recycling activities, it appears that the applicant is proposing to utilise the quarry to undertake industrial development which would not normally be allowed in the open countryside – particularly within the AONB. Whilst the batching plant would be well screened due to its location at the base of the quarry, it would generate additional HGV traffic which would have a detrimental impact on the countryside in the designated AONB. It is therefore considered that the
Page 11 proposal would be contrary to the relevant requirements of PPS4, PPS7, Minerals Local Plan Policy M18 and East Lindsey Local Plan Policies A4 and C11.
RECOMMENDATIONS
That planning permission be refused for the following reasons:
The proposed development would be located in the open countryside within the protected Lincolnshire Wolds AONB. Whilst the proposed concrete batching plant has been demonstrated as acceptable on a number of grounds, it is considered that there is insufficient evidence to suggest that it would be necessary or appropriate in the proposed location in terms of its link with the existing quarry and its ancillary operations. Accordingly, the proposed increase in traffic movements associated with the concrete batching plant would present a significant yet unnecessary impact on the Lincolnshire Wolds AONB. The development would lead to an increase in industrial activities at Highfield Quarry which are increasingly removed from the primary purpose of the quarry. The proposed development would therefore be contrary to the relevant requirements of PPS4, PPS7, Minerals Local Plan Policy M18 and East Lindsey Local Plan Policies A4 and C11.
Appendices
These are listed below and attached at the back of the report
Appendix A Committee Plan
Page 12 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 Park House, Waterside South, Lincoln (E)S199/1350/11 (E)S199/0575/10 (E)S199/1393/05 (E)S199/2037/10
National Guidance: Communities and Local Government website www.communities.gov.uk Planning Policy Statement 4 (PPS4) – Planning for Sustainable Economic Growth 2009
Planning Policy Statement 7 (PPS7) – Sustainable Development in Rural Areas 2004
Planning Policy Statement 9 (PPS9) - Biodiversity and Geological Conservation 2005
Minerals Policy Statement 1 (MPS1) – Planning and Minerals 2006
Local Plan: Lincolnshire County Council website www.lincolnshire.gov.uk Lincolnshire Minerals Local Plan 1991 (Saved Policies 2007)
East Lindsey Local Plan East Lindsey District Council website (Alteration) 1999 (Saved www.e-lindsey.gov.uk Policies 2007)
This report was written by Richard Leonard, who can be contacted on 01522 782070 or [email protected]
Page 13 LINCOLNSHIRE COUNTY COUNCIL PLANNING
SiteSite ofof ApplicationApplication
ExtentExtent ofof PermittedPermitted Welton/Welton/ HighfieldHighfield QuarryQuarry Tarmac plant Wheelwash
PermittedPermitted RecyclingRecycling AreaArea ee AreaArea nnee aann LL aamm hhaa gghh iiiinn ssss aass WeighbridgeWeighbridge BB andand OfficeOffice BB llll llluluu ExistingExisting QuarryQuarry AccessAccess eee sss tttt ttttooo nnn eee HHHH eee Prevailing Wind Direction from the south-west aaa thththth RRRR ooo aaa ddd
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LINCOLNSHIRE COUNTY COUNCIL Reproduced from the 1996 Os Mapping with the permission of the Controller of Her Majesty's Stationery Office (C) Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to civil proceedings. OS LICENCE 1000025370
Location: Description: Highfield Quarry To locate a mobile concrete batching plant Bluestone Heath Road Welton le Marsh Application No: (E)S199/1350/11(E)S199/1350/11 Scale: 1:5000 Planning and Regulation Committee 5 September 2011