DELEGATED REPORT FOR THE APPROVAL OF COUNTY MATTER PLANNING APPLICATIONS Authorised by: Planning Applications Team Leader …..…M Hankin….Date …4th June 2015……… Team Manager, Development Management/Group Manager, ..…S Gill……Date ……5th June 2015…… Planning Proposal: Retention of the northern slope of the separation bund at the quarry for the filling and restoration area of the quarry from the northern (old) part of the quarry to the south of Main Street due to the ecological interest and habitat. Location: Styrrup Quarry, Main Street, Styrrup Applicant: J.White (TDE) Limited Application No.: 1/15/00575/CDM 1. Site description Styrrup Quarry is located towards the northern boundary of Nottinghamshire, approximately 10km north of Worksop, 13km north-west of Retford and 13km south of Doncaster. The nearest residential areas are Styrrup immediately to the north- west, Harworth and Bircotes 1.4km to the north-east and Oldcotes 2km to the south- west of the site. The site is located within a generally rural setting with a relatively flat topography, other than a former spoil tip to the east of the site. The surrounding area is dominated by agricultural fields. The quarry is bordered to the south and east by agricultural land. To the north is the village of Styrrup. Historically the quarry access was from the north. Immediately to the west is the B6463, beyond which are further agricultural fields. The quarry is a former sandstone quarry, which has intermittently been worked for building sand, and has been worked out to various levels across its area. The site has lain dormant for some time and areas have regenerated. The quarry floor is predominantly made up of bare sand and sparse/short ephemeral/short perennials. There are tall herbs and trees/scrub that form the edges of the site. The base of the quarry floor is 15.90m Above Ordnance Datum (AOD) at its lowest, with the surrounding ridges at 27.63m AOD on the western side and 29.54m on the eastern side. The more recent extraction area is separated from an older quarry area to the north by an earth bund. The application site itself is a triangle of land comprising the northern slope of the separation bund. 4366-6m Vehicular access to the site is taken from the south-west corner, off the B6463. The B6463 connects to the A634 to the south and enters Harworth to the north. The nearest residential receptors are in the village of Styrrup to the north, with the closest approximately 155m from the boundary of the site. The application site is not within any area of designation as shown on the Bassetlaw Core Strategy Proposals Map. However, the whole of the quarry is a Local Wildlife Site (LWS), designated as a sand quarry of botanical interest. This designation extends to the north also including the old quarry. Within the old quarry area, is the Styrrup Quarry Site of Special Scientific Interest (SSSI). This is an extensive exposure of the Nottingham Castle Formation (Sherwood Sandstone Group, Triassic). Immediately to the west of the site, alongside the B6463, is Styrrup Roadside Exposure GeoSINC, which is a good exposure of the Nottingham Castle Formation (Bunter Pebble Beds) showing good sedimentary features. There are a number of Grade II Listed buildings within the village of Styrrup, the nearest is approximately 290m to the north-east of the site, separated by agricultural fields and screened by other properties. 2. Description of proposals Background The site has a long history of extraction under old permissions, which were brought up to date and consolidated by a determination issued by the County Council in August 1999 under the Review of Old Mineral Workings Provisions (ROMP) of the Environment Act 1995. The updated permission specifies a low level restoration scheme, with the bulk of the base of the quarry returned to agricultural use. The sides of the quarry would be battered and left to regenerate naturally. In July 1991 a planning application was submitted to infill the quarry with inert waste and put in a new access at the same location as that now approved and implemented. This application was refused on appeal on the grounds of potential harm to environmental interests, and lack of need for a waste disposal site, though the Inspector commented that the proposed new access would be an improvement over the then existing access arrangements. Planning permission was subsequently granted for a new access into the site in October 1997 (the access currently in use), subject to a number of conditions regarding the stopping up of the old access and visibility splays at the new access. Planning permission (Ref: 1/66/02/00015) was granted in July 2007 for the restoration of the quarry by means of infilling with 130,000m3 inert waste. Condition 16 limited the life of the permission requiring all plant and equipment to be removed from the site not later than 4 years from the date of commencement, with restoration works completed no later than 5 years from the date of commencement. The date of commencement was 22 July 2009, and as such, the extant permission requires restoration by July 2014. A Section 106 Agreement was attached to this permission which prevented any further export of sand and sandstone from the site, set in place a number of requirements to manage potential HGV impact and extended the statutory aftercare period from 5 to 15 years. It is of note that the application for restoration went to the Planning and Licensing Committee in 2004, however, permission was not issued until 2007 due to delays in the submission of the Section 106 Agreement. In the three years that it took to arrange the Section 106 Agreement an additional 30,000 tonnes of minerals were extracted. Amended restorations levels were subsequently agreed by letter. 4366-6m Whilst Permission Ref: 1/66/02/00015 is recorded as being implemented in July 2009 it appears that no inert waste has been imported into the site. The applicant states that the site has lain dormant due to a combination of the recession and excessive rain in 2012. In November 2013 a report was taken to Planning and Licensing Committee recommending planning permission be granted for an extension of time to restore the quarry void through inert landfilling. There was also an updated restoration scheme. Committee resolved to grant planning permission, subject to a deed of variation to the Section 106 to ensure that it applied to the new permission. The Section 106 is yet to be signed, however, at the time of writing Solicitors had prepared a draft and its completion is expected soon. Proposed Development This application is seeking the retention of the northern slopes of an existing retaining soil bund. The bund measures approximately 4.7m in height, sloping down from 20.7mAOD to 16mAOD. The bund is approximately 65 metres in width. It has been constructed with sand from the quarry. The bund can be seen in photographs 1, 2 and 3 below. The bund provides a separation between the old quarry and the area subject to restoration through inert waste disposal. The bund would also be used as the base for an overflow and scour protection area to maintain a damp area within the old quarry and woodland area. Photograph 1 – view of northern slope of existing bund 4366-6m Photograph 2 – view of existing bund looking west Photograph 3 – View of the southern slope of bund, looking north-west 3. Development Plan policies relevant to this decision Nottinghamshire and Nottingham Waste Core Strategy (adopted December 2013) Policy WCS1 (Presumption in favour of sustainable development) states that when considering development proposals the Councils will take a positive 4366-6m approach that reflects the presumption in favour of sustainable development contained in the National Planning Policy Framework. Policy WCS13 (Protecting and enhancing our environment) relates to new or extended waste treatment or disposal facilities and seeks to ensure that there will be no unacceptable impact on any element of environmental quality or the quality of life of those working nearby. It also states that all applications should seek to maximise opportunities to enhance the local environment through the provision of landscape, habitat or community facilities. Nottinghamshire and Nottingham Waste Local Plan (adopted January 2002) Policy W3.13 (Flood Defences) seeks to ensure that where planning permission is granted there will not be an adverse impact on floodplains, flood defences or the integrity of the local drainage system. Policy W3.22 (Biodiversity) seeks to prevent development from resulting in harm to species or habitat of county importance. Policy W3.23 (Nature Conservation and Geological Sites) seeks to protect sites of nature conservation or geological interest. Bassetlaw Core Strategy (adopted December 2011) Policy DM3 (General Development in the Countryside) – This policy applies to any area outside a Development Boundary and guides development for replacement of buildings, re-use of previously developed land in rural areas, and agricultural/forestry buildings and domestic equine facilities. Policy DM9 (Green Infrastructure; Biodiversity & Geodiversity; Landscape; Open Space & Sports Facilities) – This policy expects development proposals to support the strategic approach to the delivery, protection and enhancement of multi-functional Green Infrastructure, to be achieved through the establishment of a network of green corridors and assets. Development proposals will be expected to take opportunities to restore or enhance habitats and species’ populations and to demonstrate that they will not adversely affect or result in the loss of features of recognised importance, including SSSIs regionally important geo-diversity sites, local wildlife sites, local and UK Biodiversity Action Plan (BAP) habitat, and protected species. New development proposals in and adjoining the countryside will be expected to be designed so as to be sensitive to their landscape setting.