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Development of a New Underground Metallurgical Coal Mine

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DEVELOPMENT CONTROL AND REGULATION COMMITTEE 19 March 2019 A report by the Acting Executive Director for Economy and Infrastructure _____________________________________________________________________ Application Reference No. 4/17/9007 Application Type: Full Planning Permission Proposal: > Development of a new underground metallurgical coal mine and associated development including: the refurbishment of two existing drifts leading to two new underground drifts; coal storage and processing buildings; office and change building; access road; ventilation, power and water infrastructure; security fencing; lighting; outfall to sea; surface water management system and landscaping at the former Marchon site (High Road) Whitehaven; > a new coal loading facility and railway sidings linked to the Cumbrian Coast Railway Line with adjoining office / welfare facilities; extension of railway underpass; security fencing; lighting; landscaping; construction of a temporary development compound, and associated permanent access on land off Mirehouse Road, Pow Beck Valley, south of Whitehaven; and > a new underground coal conveyor to connect the coal processing buildings with the coal loading facility. Location: Former Marchon Site, Pow Beck Valley and area from Marchon Site to St Bees Coast, Whitehaven, Cumbria Applicant: West Cumbria Mining Ltd Date Valid: 31 May 2017 Reason for Committee Level Decision: EIA development with significant impacts outside the site boundary _____________________________________________________________________ 1.0 RECOMMENDATION 1.1 Having first taken into consideration the environmental information as defined in the Town & Country Planning (Environmental Impact Assessment) Regulations 2011 submitted in connection with the application and the shadow Habitats Regulations Assessment which concludes that there is no adverse effect from the project on the integrity of any European site, alone or in combination with any other plan or project and having taken into account all other material considerations that EITHER: 1.2 A) Recommendation if Natural England representation received before Committee meeting Planning permission be GRANTED subject to: i. the Development Control and Regulatory Committee first considering any representation received before the Committee meeting from Natural England; ii. the Acting Executive Director of Economy and Infrastructure after the Committee meeting adopting the shadow Habitats Regulations Assessment (HRA) as the Council’s HRA under Regulation 63 of the Conservation of the Habitats and Species Regulations 2017; iii. the conditions set out in Appendix 1 to this report; iv. the applicant (West Cumbria Mining) and other relevant interest holders first entering into a Section 106 legal agreement with the County Council to cover: HGV Routeing; Public Rights of Way Contribution; Highways Contribution; Travel Plan Monitoring Fee; Council S106 Administration Costs; Extension to the Aftercare Period; Heritage Asset Enhancements; Pedestrian and Cycle Path; Restoration of Main Band Colliery Restoration Bond / Securities; Drain Surveys & Maintenance; and Residential Land Restriction (Lake View and Stanley House properties). OR 1.3 B) Recommendation if Natural England representation not received before Committee meeting If a consultation response has not been received from Natural England on the shadow Habitats Regulation Assessment before the Committee meeting, authority is hereby delegated to the Acting Executive Director of Economy and Infrastructure to consider any representations received from Natural England after the Committee meeting within a reasonable period specified by the Acting Director and as the Acting Director considers appropriate to then EITHER: i. GRANT planning permission subject to paragraphs (ii) to (iv) set out above; OR ii. REFER the application back to the Development Control and Regulatory Committee for further reconsideration. 2.0 BACKGROUND AND CONTEXT 2.1 This report follows a slightly different format from previous reports to the planning committee and is structured so that much of the background detail regarding the application and consultee responses is contained in appendices, with the body of the report focussing primarily on the assessment of the planning merits of the proposed scheme. 2.2 The applicant, West Cumbria Mining (WCM) is a company that has been specifically created with the objective of developing the metallurgical coal resources in West Cumbria. The company has 3 licences granted by the Coal Authority, including 2 large offshore licence areas and a smaller onshore licence area. 2.3 The proposed development is for a large underground metallurgical coal mine. Metallurgical coal is also commonly known as ‘coking coal’ and is used in the process for the manufacture of steel. The initial phases would mine relatively small amounts of coking coal from under the land at Whitehaven, however the minerals will be predominantly mined from under the sea and then brought to the surface for processing indoors, within a new facility located on the former Marchon site in Whitehaven. Processed coal would be then be transferred by underground conveyor to trains using a new loading facility and sidings in the Pow Beck Valley. 2.4 Whilst the principal mineral development proposed is for the extraction of coal under the sea bed off-shore and will require a licence from the Marine Management Organisation, the onshore elements of the proposal and the extraction of coal from underneath the land (taken as the point above the mean low water mark) require planning permission. 2.5 The main mine head and surface processing facilities would be located on the southernmost 52 hectares of the former Marchon chemical works (the “main site”). At its peak, the chemical works was a major producer of sulphuric acid and other chemical detergent ingredients and employed around 2,500 people. The site closed in 2005 and was cleared over the following year. However, some historic contamination associated with the former uses is known to remain. 2.6 Access to the mine itself is proposed along the existing drifts built for access to the former anhydrite mine. The existing drifts are proposed to be extended in cross section to facilitate access. Further access would then be formed in the geology above the old drifts to pass above the old mine workings before accessing the coal seams. 2.7 There are two restored landfill sites adjacent to the main site, which retain some associated infrastructure in association with their post closure management. An underground conveyor link is proposed to transfer processed coal to a Rail Loading Facility (the “RLF”) in the Pow Beck Valley. The route is mainly pasture land used for grazing. 2.8 The proposed rail loading facility and sidings would be constructed on a greenfield site adjacent to the existing railway in the Pow Beck Valley. However, the proposed access to the RLF would be through the access to the former Main Band Colliery. 2.9 This planning application has been subject to a Planning Performance Agreement (PPA). A PPA is a voluntary agreement between an applicant and planning authority to work on major projects in a collaborative, structured manner and to an agreed timetable. Importantly, PPAs are made without prejudice to the outcome of the determination of the application and enable the planning authority to recover some of its costs. In this instance, the PPA has extended from discussions at the pre-application stage in 2016 through to the current time. 3.0 SITE DESCRIPTION Main Mine Site 3.1 The main mine site is an area of brownfield land extending to approximately 23 hectares and designated for employment use in the Copeland Local Plan (CLP). Much of the site is covered with concrete hardstanding which is in poor condition and colonised with scrub vegetation and some vegetated soil bunds. The site is surrounded by metal security fencing associated with the previous use. 3.2 There is a raised area to the west of the site, on top of which is a footpath that runs along the side of the site and then descends towards the restored Hutbank landfill site. The northern part of the Marchon site where housing is potentially being proposed is currently in a similar condition to the main site. However, beyond the site boundary to the north are several coastal paths, including the Cumbria Coastal Way and an area of grassland clifftop habitat. 3.3 The sea to the north has recently been designated Solway Firth potential Special Protection Area (pSPA), which extends the existing Upper Solway Firth and Marshes SPA. The cliff habitats are designated as St Bees Head Site of Special Scientific Interest (SSSI). The coast is also designated as a Marine Conservation Zone (MCZ) and the area of St Bees is designated as St Bees Head Heritage Coast. 3.4 New housing has recently been built to the east of the main mine site, which is separated from the Marchon site by High Road. There are also a number of residential properties on the periphery of the Main Mine site and within the boundary of the underground mine element of the proposal projected to the surface. The most notable of these include properties within the villages of Sandwith, Rottington and at Tarnflat Hall, Cabbage Hall and the northernmost part of St Bees. Conveyor Route 3.5 The proposed conveyor route is primarily through grazing pasture land, although there is a section where the conveyor would travel underneath High Road and St Bees Road, and a section where the alignment transects a small area of ancient woodland which also contains a gully and beck. New housing has recently been built and is continuing to be built opposite the northern section of the proposed route of the conveyor, along and off Wilson Pit Road. Rail Loading Facility (RLF) 3.6 The proposed RLF would be constructed on a greenfield site adjacent to the existing railway line. The proposed RLF would be in a rural location in the base of the valley and would be visible across from High House Road and Egremont Road (A595) Whitehaven. The Coast to Coast footpath from St. Bees to Robin Hoods Bay crosses underneath the railway line, and across the RLF site where the sidings are proposed.
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