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Development Control and Regulatory Board 17

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Development Control and Regulatory Board 17 F DEVELOPMENT CONTROL AND REGULATORY BOARD 17TH DECEMBER 2009 REPORT OF THE ACTING DIRECTOR OF COMMUNITY SERVICES COUNTY MATTER PART A – SUMMARY REPORT APP. NO. & DATE: 2009/0646/03 (2009/C062/03) – 6th May 2009 PROPOSAL: Variation of Condition 2 of Planning Permission 1996/0467/03 to extend period of time to enable infilling and restoration to be completed in accordance with approved details. LOCATION: Slip Inn Quarry, Leicester Road, Lutterworth APPLICANT: CEMEX UK Materials Ltd. MAIN ISSUES: Timescale of restoration of sand and gravel quarry RECOMMENDATION: PERMIT subject to the conditions listed in Appendix 1. Circulation Under Local Issues Alert Procedure Mr. W. Liquorish JP, CC Officer to Contact Georg Urban (Tel. 0116 305 6756) Email: [email protected] 2 2009/0646/03 (2009/C062/03) - continued PART B – MAIN REPORT Site Location and Planning History 1. Slip Inn Quarry is located to the west of the A426 Leicester to Lutterworth Road, approximately 1.2km south of Dunton Bassett and 0.8-1.6km north east of Ashby Parva. A narrow rural lane known as Dunton Lane, which connects Dunton Bassett and Ashby Parva, runs to the west of the quarry. The site is accessed via a purpose-built access off the A426. Bridleway W103 crosses the eastern part of the quarry in a north-south direction. 2. Planning permission for sand and gravel extraction at Slip Inn Quarry was first granted in April 1980 under reference 1979/0057/03. The area of the 1979 permission contains the plant site, stockyard and settling lagoons which have been used in the processing of all the mineral won at the site. It also includes the site offices and the site access onto the A426 Leicester to Lutterworth Road. All mineral extraction areas within the 1979 permission area have been completely worked out and restored. The stock yard and processing plant were retained and used to process mineral won from subsequent extensions to the quarry. 3. In November 1990 planning permission was granted under reference 1990/0873/03 for a western extension to the quarry. This area has now also been worked out and restored, with the exception of the haul road leading to the more recently permitted extraction areas. The haul road is still in use and would be restored following the completion of mineral extraction and reclamation works in the western parts of the quarry. 4. In February 1997 planning permission reference 1996/0467/03 (“the 1996 permission”) was granted, again extending the site further to the west. The area covered by the 1996 permission was worked in 7 phases. Phases 1 to 3 have now been fully restored to grassland. Phases 4 and 5 have been partly backfilled with inert material to enable their restoration to original levels in accordance with the previously approved restoration scheme for the 1996 permission area. All mineral has been extracted from Phases 6 and 7, which are currently awaiting backfilling. Mineral extraction in these phases ceased in the spring of 2004, and the processing plant was dismantled in 2009. 5. In October 2004, planning permission 2004/0269/03 was granted for further sand and gravel extraction and to modify the existing restoration scheme. This permission relates to the extraction of a total of 756,000 tonnes of sand and gravel from two fields to the west and south of the area covered by the 1996 permission. Extraction operations would be carried out in two phases, referred to as Phases 8 and 9. The applicant company estimated that these additional reserves would take six years to extract, based on the quarry’s previous production rate of 120,000 tonnes per annum. DC&REG. BOARD 17/12/2009 3 2009/0646/03 (2009/C062/03) - continued DC&REG. BOARD 17/12/2009 4 2009/0646/03 (2009/C062/03) - continued 6. Under the working scheme approved under planning permission 2004/0269/03, soils and overburden stripped from Phase 8 would be used together with dry silt from the existing lagoons and imported inert material to restore the previously extracted areas in Phases 4 to 7. These areas would then be restored to agricultural land. The 2004 permission is subject to a condition which requires the progressive restoration of earlier extraction areas, and does not allow operations (including soil stripping) in Phase 9 to commence until all mineral has been extracted from Phase 8 and the earlier 1990 permission area (excluding the line of the haul road crossing this area) and Phases 4 and 7 of the 1996 permission area have been restored to the satisfaction of the Director of Community Services. Following the completion of extraction operations in Phase 9, the remainder of the quarry would be restored in accordance with an amended restoration scheme which includes the restoration of the 1996 permission area at slightly lower levels than the originally permitted scheme. 7. In September 2009, the site operator, CEMEX UK Materials Limited, advised the County Council that soil stripping had now commenced in Phase 8 and that planning permission 2004/0269/03 has been implemented. Description of Proposal 8. Condition 2 of planning permission 1996/0467/03 limits the life of the permission to 12 years from the date of commencement, by which time mineral extraction and tipping operations shall have ceased and the site restored in accordance with the other conditions attached to the permission. Correspondence with the site operator indicates that soil stripping in Phase 1 of the 1996 permission commenced on 24 th June 1997. Permission 1996/0467/07 was therefore limited to 24 th June 2009. 9. At the time of mineral extraction in Phases 6 and 7 of the 1996 permission area it became apparent that the amount of mineral to be worked in these phases was smaller, and its quality lower, than anticipated. As a result, mineral extraction works progressed much faster than expected at the time the phasing of the site was agreed. In addition, market conditions and the promotion of recycling and landfill taxes in recent years have meant that very little inert material was available for landfilling. 10. Whilst the 1996 permission area has been partly reclaimed, the import of inert waste has reduced significantly in the last 2-3 years. This has affected the timetable of reclamation. CEMEX estimates that there is still a shortfall of about 450,000 tonnes of material which is required to restore the site to approved levels. CEMEX is therefore applying for an extension of time by an additional 8 years, to enable infilling to continue and to complete the restoration of the part of Slip Inn Quarry covered by planning permission 1996/0476/03. DC&REG. BOARD 17/12/2009 5 2009/0646/03 (2009/C062/03) - continued Vehicle movements 11. CEMEX estimates that there would be an average of 26 vehicle movements per day related to the importation of 75,000 tonnes per annum of waste material, based on 270 operational days per year and the use of 20 tonne HGVs. This would be in addition to any vehicle movements associated with the recently resumed mineral extraction operations. Hours of operation 12. The hours of operation permitted by planning permissions 1996/0467/03 and 2004/0269/03 are 0700 to 1800 hours Monday to Friday and 0700 to 1400 hours on Saturdays. No operations at all are permitted to take place on Sundays, Bank Holidays or Public Holidays. No changes are proposed to the permitted hours as part of this planning application. Planning Policy National Guidance 13. The Development Plan in this instance comprises the East Midlands Regional Plan, the “Core Strategy and Development Control Policies” Development Plan Document of the Leicestershire Minerals Development Framework, the “Core Strategy and Development Control Policies” Development Plan Document of the Leicestershire Waste Development Framework, and the Harborough District Local Plan. In addition, selected policies from the Leicestershire Minerals Local Plan and the Leicestershire, Leicester and Rutland Waste Local Plan were saved by direction of the Secretary of State and have not been superseded by policies in the Minerals and Waste Core Strategies. East Midlands Regional Plan 14. The current Regional Spatial Strategy for the East Midlands was published in March 2009 as the East Midlands Regional Plan . It provides a broad development strategy for the East Midlands up to 2026, setting out the regional guidance for development in the East Midlands and applying the general principles for sustainable development which are contained in national guidance. A partial review of the plan was launched in June 2009, which focuses on housing provision in the region during the plan period and beyond. 15. The Regional Core Objectives set out in the Plan include the protection and enhancement of the environment by reducing the amount of waste produced and increasing the amount recycled or otherwise beneficially managed. DC&REG. BOARD 17/12/2009 6 2009/0646/03 (2009/C062/03) - continued Local Policies Minerals Development Framework 16. Policy MCS10 aims to reduce the demand for primary minerals by encouraging the use of mineral waste and construction and demolition waste before primary minerals and by supporting recycling initiatives. Policy MCS11 states that the strategy for environmental protection is to protect and enhance the natural and built environment of Leicestershire by ensuring that there are no unacceptable adverse impacts from mineral developments on (amongst others) natural resources and the character and quality of the landscape. Policy MCS17 states that the strategy for the reclamation and future use of mineral sites is to ensure that land is reclaimed at the earliest opportunity and that high-quality restoration and aftercare takes place to an appropriate afteruse.
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