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Agenda Item 5.7 Agenda Item 5.7 Report Reference: 5.7 Regulatory and Other Committee Open Report on behalf of Richard Wills Executive Director for Communities Report to: Planning and Regulation Committee Date: 10 June 2013 Subject: County Matter Applications S24/1741/11 - To extend the existing quarry (Part- retrospective) S24/1752/11 - To allow for the importation of inert restoration materials to facilitate the restoration of part of the quarry in accordance with the proposals contained within the First Periodic Review application (S24/1726/11) S24/1726/11 - Application for the determination of new (updated) conditions to which Creeton Quarry is to be subject (Environment Act 1995: First Periodic Review) Summary: This report deals with three concurrent applications that have been made by Creeton Quarry Limited (Agent: David Jarvis Associates Limited) relating to the operational limestone quarry known as Creeton Quarry. Under the provisions of the Environment Act 1995 all mining sites are subject to Periodic Review which takes place at 15 year intervals. The purpose of the Periodic Review process is to update and modernise the old mining permissions and their conditions to ensure that quarries operate to modern standards. One of the applications (ref: S24/1726/11 referred to as the “ROMP application”) is such a Periodic Review application and seeks to update and replace those conditions already attached to the mineral planning permissions currently affecting the site. The second application (ref: S24/1741/11 referred to as the "Extension application") seeks an extension to the existing permitted boundaries of the quarry. The extension area extends approximately 1.9ha and comprises of a roughly triangular area of agricultural land which abuts the eastern boundaries of the quarry. The extension area is estimated to contain around 540,000 tonnes of additional limestone reserves which would be worked and restored progressively in accordance with the wider phased working/restoration scheme proposed as part of the concurrent ROMP application. The third application (ref: S24/1752/11 referred to as the "Landfill application") seeks planning permission to allow for the importation and landfilling of inert materials within a 1.6ha area of land lying within the permitted lateral boundaries of Page 1 Page 133 the quarry. It is estimated that approximately 200,000m 3 (approx. 300,000 tonnes) of materials would be imported and landfilled within the area subject of this application in order to achieve the restoration profiles/plans contained within the concurrent ROMP application. All three applications are subject of an Environmental Impact Assessment submitted pursuant to the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 and an Environmental Statement has been submitted which assesses the potential impacts of the development together with the mitigation measures proposed to avoid, reduce and if possible remedy an significant adverse impacts. The key issues to be considered in relation to these proposals are the planning policy context, the appropriateness and acceptability of the proposed conditions put forward within the ROMP application and, an assessment of any potential adverse environmental and amenity impacts arising from both the continued mineral extraction operations within the existing permitted quarry boundaries and as a result of the proposed extension and landfill proposals. Recommendation: S24/1741/11 – That planning permission be granted subject to the conditions set out in Appendix A. S24/1752/11 – That planning permission be refused for the reasons set out in Appendix B. S24/1726/11 – Subject to the Planning and Regulation Committee resolving to agree with the Officer recommendations set out in relation to applications S24/1741/11 and S24/1752/11, that the amended schedule of conditions as set out in Appendix C be approved. Background 1. Creeton Quarry is an operational limestone quarry which produces limestone (block) for building and masonry purposes, a wide range of limestone aggregate products and a premium agricultural lime. There are three key planning permissions currently affecting the site operations and activities and these are as follows: x S52/180/84 (dated 13 February 1985): To extract limestone x S24/877/93 (dated 2 August 1994): To extend the existing quarry through the extraction of limestone at land to the north of Creeton Quarry x S24/744/94/IDO (dated 12 September 1994): Determination of conditions to which IDO permission is to be subject (ref:S24/291/92/IDO) 2. Under the provisions of the Environment Act 1995 all mining sites are subject to Periodic Review which takes place at 15 year intervals. The purpose of the Periodic Review process is to update and modernise the old mining permissions and their conditions to ensure that the site operates to modern standards. The applicant has therefore made an application (ref: S24/1726/11 – hereafter referred to as the “ROMP application”) for the Page 2 Page 134 determination of new conditions which would update and replace those attached to the existing planning permissions (identified above). 3. In addition to the ROMP application, the applicant has also submitted two concurrent applications which seek to extend the quarry eastwards (part- retrospective) (ref: S24/1741/11 – hereafter referred to as the “Extension application”) and to allow for the importation of wastes to facilitate the restoration of part of the quarry (ref: S24/1752/11 – hereafter referred to as the “Landfill application”). Given the size of the existing quarry and the interrelationship between the ROMP, Extension and Landfill applications, the applicant has submitted an Environmental Statement which assesses the potential impacts associated with all three applications/proposals and sets out the findings of these assessments and any proposed mitigation measures to be implemented as part of the development. This report therefore deals with all three applications submitted in relation to Creeton Quarry and includes details of each of the applications, a summary of the supporting information and Environmental Statement and the Officer recommendation and any proposed conditions relating to each application (set out in separate Appendices). The Applications S24/1726/11 - Application for the determination of new (updated) conditions to which Creeton Quarry is to be subject (the “ROMP application") 4. In accordance with Schedule 14 of the Environment Act 1995, Creeton Quarry Limited has made an application for the determination of new (updated) conditions to which the Creeton Quarry is to be subject (the “ROMP application”). The purpose of the review process is to update and modernise the old mining permissions and their conditions to ensure that quarries operate to modern standards. The ROMP application therefore seeks to update and replace those conditions attached to the planning permissions currently affecting the site (refs: S52/180/84; S24/877/93; S24/744/94). Whilst it is open to the Mineral Planning Authority to issue conditions that differ from those proposed by the applicant, it is not an option to refuse the application. Therefore, for the avoidance of doubt, the Planning and Regulation Committee is not being asked to consider whether or not to grant planning permission for the existing operations affecting the land subject of the ROMP application (as permission for those activities already exists) but are instead are being asked to consider whether the proposed revised conditions set out in this report are acceptable. 5. The application itself includes a description of the existing permitted operations and includes a schedule of 15 planning conditions which the applicant proposes would modernise and replace the existing conditions attached to the current planning permissions relating to the site. The conditions cover a range of topics/matters and would ensure that the operations can be carried out and controlled so as to not have adverse impacts on the area or amenity of nearby users. Page 3 Page 135 6. As part of the ROMP application the applicant is also seeking to amend and extend the current hours of operation relating to the site. Conditions attached to the quarry's existing permissions already define the permitted hours of operation which are as follows: Monday to Friday 07:00 to 17:30 hours Saturday 07:00 to 12:00 hours Sundays and Bank Holidays No mineral extraction operations 7. The above hours do not, however, apply to the use of the administration facilities, quarry workshops and ancillary buildings, which may be used at any time, nor to the maintenance of plant and machinery which may be carried out until 17:30 hours on Saturdays. 8. The applicant is seeking to revise the current permitted hours of operation so as to allow mineral extraction operations to take place up to 18:00 hours Monday to Friday and up to 13:00 hours on Saturdays; to allow HGVs to enter the quarry from 06:00 hours Monday to Saturday; and for an eight week period from 20 July to 20 September each year, to allow vehicles carrying agricultural lime to exit the site from 06:30 hours Monday to Saturday. The applicant states that these revised hours would allow HGVs to enter the site prior to 07:00 hours and therefore prevent them from parking or queuing on the public highway and also would enable the applicant to supply premium agricultural lime to the farming community during the period and timings when they are needed by farmers. S24/1741/11 – Proposed extension to existing quarry (Part-retrospective) (the ‘Extension application’) 9. Planning permission is sought for an extension to Creeton Quarry. The southern half of the proposed extension area has already been worked out and therefore the application is part retrospective. The extension area extends approximately 1.9ha and comprises of a roughly triangular area of agricultural land which abuts the eastern boundaries of the permitted quarry. The extension area is estimated to contain around 540,000 tonnes of additional limestone reserves and would produce around 15,000 tonnes of blockstone and 5,000 tonnes of walling stone per annum.
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