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Minerals and Waste Development Framework’S (CMWDF) Core Strategy 2009-2020 (CS) and Generic Development Control Policies 2009-2020 (GDCP) Both Adopted in April 2009

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DEVELOPMENT CONTROL AND REGULATION COMMITTEE 16 November 2016 A report by the Corporate Director Economy and Highways __________________________________________________________________ Application No: 5/16/9002 & 9003 District: South Lakeland Applicant: Burlington Slate Ltd Parish: Kirkby Ireleth Parish Cavendish House Council Kirkby-in-Furness Received: 14 MarchKirkby-in-Furness 2016 PROPOSAL: Extraction of clog from Hallstead tip. Vertical (deep) extension of quarry void by up to 55 m. Lateral extension of quarry void in a south-easterly direction resulting in extension to planning boundary of 3.2ha. Lateral extension of quarry void in a north westerly direction within planning boundary. Amendment to tipping strategy to accommodate additional overburden material. Continuation of ancillary activities (aggregate production, slate processing) on site. Extension of time to 2050. Amendment to final restoration profiles and after uses. Diversion of public footpath nos. 530989 & 539058. Formal stopping up unclassified county road no U 5097 (5/16/9002) PROPOSAL: Infilling of Winnow End Quarry (5/16/9003) LOCATION: Kirkby Slate Quarry, Kirkby-in-Furness, Cumbria, LA17 7UN _________________________________________________________________ 1.0 RECOMMENDATION 1.1 Application 5/16/9003: That after first taking into consideration the environmental information, as defined in the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 submitted in connection with the applications, subject to the applicant entering into a Section 106 Agreement under the Town and Country Planning Act 1990 to provide ecological compensation for the loss of upland wetland mire on Kirkby Moor and provide for the implementation of the Habitat Management Plan planning permission be granted subject to the conditions set out in Appendix 1 and which would apply to the whole of the existing quarry and the proposed extension area. 1.2 Application 5/16/9003 That after first taking into consideration the environmental, information, as defined in the Town and Country Planning (Environmental Impact Assessment) Regulations subject to the applicant entering into a Section 106 Agreement under the Town and Country Planning Act 1990 to provide ecological compensation for the loss of upland wetland mire on Kirkby Moor and provide for the implementation of the Habitat Management Plan, planning permission be granted subject to the conditions set out in Appendix 2. 2.0 THE PROPOSAL 2.1 Two interrelated planning applications have been submitted for the following: Application 5/16/9002: The planning application boundary extends around the whole of the existing permitted quarrying operations and proposed lateral extension. It comprises the following elements: For the whole of the quarry and proposed lateral extension to be worked until 2050; Extraction of clog (a mineral waste which has previously been considered unusable) from the Hallstead tip; Vertical (deepening) extension of the quarry void by up to 55m to 95m AOD; Lateral extension of the quarry boundary and void by 3.2ha in a south easterly direction; Lateral extension of the quarry void in a north westerly direction within the existing planning boundary; Amendment to the permitted tipping strategy; Continuation of ancillary activities (aggregate production, slate processing) on site; Amendment to the final restoration profiles and after uses; Diversion of public right of way to the south of the site; and Formally stopping up part of the Slate Road where it no longer exists. Application 5/16/9003: The infilling of Winnow End Quarry; 2.3 The proposals constitute a revised approach by the operator to develop the re- working; phased extraction designed to maintain stability and safe working conditions within the quarry void; to maintain slate production at existing levels; to echo as closely as possible the existing approved final tipping profile, progressive restoration; incorporating additional material and to infill and restore existing voids and maintain or, if possible reduce the overall quarry development footprint. 2.3 It is proposed to undertake the overall proposed development in seven phases: Phase A: involves the stabilisation and benching of ‘the right way’ (the right way slope is the main slope along the northern [North West] side of the quarry) without the loss of Cavendish Tunnel. These works involve the extraction of 257,900 m³ of overburden from the back way and 112,100 m³ of slate material from the base of the void. The stabilisation works on ‘the right way’ would generate around 220,000 m³ of overburden material. The tipping of non-yield slate material and overburden would be in parts of Birk Knott and Hunters Quarry. Phase one: the extraction works within the lateral extension beyond the current permission boundary would commence, with the working of the central and north eastern parts of the proposed extension area to a profile of 235m AOD and the removal of 780,000m³ of overburden material. It is proposed the tipping of overburden and non-yield material would continue within Birks Knott area and Hunters Quarry towards Low Lord Tip. Tipping would also be undertaken within the former Winnow End quarry. Progressive restoration would be undertaken on land to the south of the reservoirs to the eastern boundary of the site (reservoirs to be retained) and land north of Cavendish House. Phase two: the extraction works would continue within the area stripped during phase one. The operations would work to a depth of 195m AOD and remove 860,000m³ of overburden material. It is proposed the tipping of overburden and non-yield material would be used to achieve the final restoration profile on the remaining parts of Birk Knott and Hunters Quarry. Tipping would commence in south western parts of Low Lord area. Progressive restoration would also take place on Winnow Quarry and parts of Hunters Quarry. Phase three: the extraction works would concentrate on the eastern faces of the ‘back way’ (the back way slope is the main slope along the southern [south east] side of the quarry) to a depth of 145 m AOD resulting in the working of 320,000m³ of good rock slate material and 600,000m³ of overburden material. Tipping of overburden and non-yield slate would be within Low Lord Area. Progressive restoration would continue in Birk Knott, Hunters Quarry and Low Lord tip areas. Phase four: extraction works would be the central and western faces of the ‘back way’ to a depth of 195 m AOD resulting in the working/removal of 1,033,500m³ of overburden material. Tipping of overburden and non-yield slate would be undertaken in Hallstead area. Progressive restoration would be undertaken in Low Lord area. Phase five: extraction works would be of the central core parts of the void to a depth of 135m AOD, resulting in the yield of 375,000m³ of good rock slate and stripping of 915,000m³ of overburden material. Tipping of overburden and non-yield material would continue in Hallstead area including the crest of the right of way and the slopes to the northeast and northwest. Progressive restoration would be undertaken in the remaining parts of Low Lord and Hallstead tips. Phase six: the final phase of extraction operations in the void would be working to a depth of 95m AOD. There would be 582,000m³ of good rock slate extracted. The final tipping would be undertaken to infill the remaining areas of Hallstead tip and the north east of the Right Way (the right way slope is the high slope along the northern (North West) side of the quarry). Progressive restoration would be undertaken in Low Lord and Hallstead Tips including to the northeast of the Right Way slopes. Proposed final restoration of the site would primarily be to heather moorland and acid grassland, integrating with the surrounding moorland landscape and naturally regenerate the lower slopes to acid grassland with the creation of a waterbody within the existing quarry void. 2.4 The quarry currently has permission to operate until 21 February 2042. The current extraction rate is around 100,000 tonnes per annum consisting of:- 3,000 tonnes of slate 1,000 tonnes of stone tiles 79,000 tonnes of aggregates sales (combined landscaping and construction) 16,700 tonnes of other sales (walling, paving, off-cuts, lintels and waste) 2.5 Kirkby Slate Quarry is the main processing location for all Burlington Stone Quarries. The slate produced from the Quarry is sold to a number of worldwide commercial markets: Roofing slate: Commercial and residential uses; mainly used in Cumbria, Northern England and Scotland; Construction: Slate is used in both internal and external tiles and cladding for residential and commercial properties and specialist architectural products worldwide; Landscaping: Slate is used for paving, walling, rockeries, decorative and construction aggregate. 2.6 The quarry is accessed of the A5092 which connects to the A595 at Grizebeck to the west and the A590 at Greenodd to the east this is a designated freight route. The quarry is accessed from a private access road which extends for 950m from the A5092. This access would continue to be used as part of the proposals 2.7 Currently around 200 HGV vehicle movements (100 in/100 out) access the site each week which equates to 2 HGV in/out every 15 mins. Other vehicular movements consist of 28 management/finance and sales, 85 production and 34 quarry staff. It is anticipated the number of vehicles accessing the site would continue at current levels. 2.8 The site currently operates a shift system which is run over 24 hours in the production area (currently Monday to Wednesday). The proposed hours of quarrying operations are 07.00 to 19.00 Monday to Friday and 07.00 to 12.00 Saturdays reflective of current permitted hours of working; it is not proposed to amend the current working hours. 2.9 The application is supported by an Environmental Statement (ES) and Non- Technical Summary.
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