PLANNING PANEL AGENDA
Schedule of Applications
a) Application 4/17/2214/0O1 – Land to the North of Cross Grove, Cleator
Outline application for the erection of 7 dwellings
b) Application 4/17/2252/0O1 – Land at Bowthorn Farm, Bowthorn Road, Cleator Moor
Outline application with all matters reserved for residential development
c) Application 4/17/2256/0F1 – Sellafield Site, Seascale
Application for new steam generation plant and demolition of CHP Plant
d) Application 4/17/2271/0F1 – Winning Post (Betting Shop), Meadow Road, Mirehouse, Whitehaven
Application for change of use to community gymnasium
e) Application 4/17/9007/0F2 – Pow Beck Valley and area from Marchon to St Bees coast
County Council application for development of an existing surface mine entrance for a new underground metallurgical coal mine and associated surface development including coal storage and processing buildings, access road, security fencing, lighting, outfall to sea, surface water management system, interconnecting underground coal conveyor to a new loading and railway siding to the Cumbria coastal railway line, with adjoining office/welfare facilities, extension of railway under pass, security fencing, lighting, landscaping, construction of a temporary development compound and associated permanent service access off Mirehouse road, Pow Beck valley south of Whitehven Application Number: 4/17/2214/0O1 Application Type: Full – C.B.C. Applicant: Mr R. Mulholland Application Address: LAND TO NORTH OF CROSS GROVE, CLEATOR Proposal: OUTLINE APPLICATION FOR THE ERECTION OF 7 DWELLINGS Parish: Cleator Moor Recommendation Summary: Approve in Outline Introduction This application relates to an area of land comprising 0.5 hectares which lies to the north of a small residential estate called Cross Grove on the northern edge of Cleator. The land bounds the cemetery associated with the adjoining St Marys Church. Its northern boundary is lined with mature trees. This application was deferred at the last meeting to enable Members to visit the site. The site visit took place on 13th September 2017.
Proposal This application seeks outline planning permission for the redevelopment of the site to provide 7 dwellings. The application seeks to establish the principle of development and all matters relating to layout, scale, appearance and landscaping are to be reserved for future approval. The application does include full details of the access into the site which is to be achieved off Flosh Meadows using an existing gated entrance. This entrance would also serve the land to the west which has an existing planning permission for 21 self-build residential plots. Although only in outline form the applicant has submitted an indicative layout plan which illustrates how seven dwellings could be accommodated on the site. These are shown in a linear arrangement and would be served from a spine road that runs in a north-south direction on the western edge of the land. Individual driveways would be provided off this spine road to serve each plot. This linear arrangement will ensure that elongated gardens can be provided to ensure a generous separation distance with the adjoining cemetery. The Design and Access Statement that accompanies the application sets out that it is anticipated that the dwelling would comprise a mix of single, one and a half, and two storey properties. The applicant has also provided details to show how additional landscaping could be provided to soften the impact of the development within the local area.
Consultee Responses Town Council Members noted the close proximity to the cemetery and asked that planning conditions be placed on any approvals to ensure that future residents take a sensitive approach (with regards to noise and parties) when services and events are occurring in the Church Grotto. Highways Authority Following the submission of additional details I am satisfied that adequate access and visibility arrangements can be achieved to serve this development. On this basis I have no objections. Planning Policy Team As the site lies outside of the Cleator settlement boundary the proposal is considered contrary to policy ST2 (Spatial Development Strategy) of the Copeland Local Plan which states that development outside the defined settlement boundaries should have a proven requirement for such a location, which this proposal does not demonstrate. Where the proposal does not conform with the Copeland Local Plan 2013-2028 the Interim Housing Policy comes into effect. As a small site on the edge of a Local Centre that is directly adjacent to the existing settlement boundary and built form of the village the proposal complies with criteria A and B of the Interim Housing Policy. Cleator is considered to be a sustainable location which should provide access via a range of transport modes which meet criteria C and E of the Interim Housing Policy. Although the site lies within a proposed ‘green gap’ option (outlined within the Site Allocations and Policies Plan Preferred Options January 2015) which seeks to prevent any merging of Cleator and Cleator Moor settlements, the ‘green gap’ proposal currently has very limited status in planning terms. Regardless of this matter, it is considered that development of this site in itself would not result in isolated development or the merging of the two settlements. The extent of the landscaping proposed meets the requirements of Policy DM26 and also helps to lessen the potential of urban sprawl and the merging of Cleator and Cleator Moor settlements. The site lies close to existing services and facilities in Cleator and Cleator Moor and is well screened with existing and proposed vegetation. On balance and by undertaking a site visit, the Strategic Planning team supports the principle of housing development at this site. However, the team are keen to see further detail coming forward at reserved matters stage which would include proposals for housing type and tenure, particularly as the density per hectare is considerably lower than would be expected of this site. Other 2 letters of objection have been received to the application. One local resident raises the follow points:- - Contrary to the Policies within the adopted Local Plan - Greenfield development - Questions the need for housing particularly as permission has been granted for the other residential development within Cleator, namely the former Kangol site - The applicant has a current permission for 21 plots which has not been commenced - Excessive density - Adverse impact on residential amenity - Out of keeping with the existing street pattern and would be detrimental to the character of the local area - Increased traffic at the junction between Flosh Meadows and the A5086 - The cemetery grounds and grotto are a community asset open to everyone who come to enjoy the peace, tranquillity and beauty of the surroundings. The Parish Priest has also set out his concerns. He stresses that the Grotto grounds enjoy both local and national recognition. He is concerned and remains unpersuaded that despite the proposed safeguards outlined in the proposals this further development will have a deleterious effect on the unique attraction and ethos of the Grotto grounds and its many visitors. He also outlines that he remains to be persuaded that the need for the executive self-build properties in this location envisaged in the application exist. If it does then he questions why this cannot be accommodated within the existing approval which was granted two years ago on the adjoining land.
Planning Policy National Planning Policy The National Planning Policy Frameworks (NPPF) sets out the planning guidelines at a national level and outlines that the purpose of the planning system is to contribute to the achievement of sustainable development. It stresses that in assessing and determining development proposals Local Planning Authorities should apply the presumption in favour of sustainable development. Paragraph 7 of the NPPF establishes the three dimensions to sustainable development, these can be summarised as follows:-
Planning for prosperity (an economic role) – contributing to building a strong, responsive and competitive economy, by ensuring that sufficient land of the right type is available in the right places and at the right time to support growth and innovation; and by identifying and coordinating development requirements, including the provision of infrastructure; Planning for people (a social role) – supporting strong, vibrant and healthy communities, by providing the supply of housing required to meet the needs of present and future generations; and by creating a high quality built environment, with accessible local services that reflect the community’s needs and support its health, social and cultural well-being; and Planning for places (an environmental role) – contributing to protecting and enhancing the natural, built and historic environment; and, as part of this, helping to improve biodiversity, use natural resources prudently, minimise waste and pollution, and mitigate and adapt to climate change including moving to a low carbon economy. Paragraph 8 stresses that these roles should not be undertaken in isolation, because they are mutually dependent. Presumption in Favour of Sustainable Development The overarching aim of the NPPF is to proactively deliver sustainable development to support the Government’s economic growth objectives and deliver the country’s development needs. Delivering a wide choice of high quality homes A key objective of the NPPF is to boost significantly the supply of housing (Paragraph 47) and to deliver a wide choice of high quality homes to widen opportunities for home ownership and create sustainable, inclusive and mixed communities (Paragraph 50). Paragraph 49 of the NPPF advises that housing applications should be considered in the context of the presumption in favour of sustainable development and relevant policies for the supply of housing should not be considered up-to-date if the LPA cannot demonstrate a five-year supply of deliverable housing site. In turn where a five year supply of deliverable housing sites cannot be demonstrated then paragraph 14 of the NPPF is engaged and an application it to be assessed in this context. Building a Strong, Competitive Economy The NPPF seeks to encourage and not impede sustainable growth. Significant weight is placed on the need to support economic growth through the planning system by requiring local authorities to deliver houses and infrastructure that the country needs (paragraph 17). Positive effects are attached ‘significant’ weight in decision-making. Paragraph 19 states that “Planning should operate to encourage and not act as an impediment to sustainable growth. Therefore significant weight should be placed on the need to support economic growth through the planning system.” Promoting Sustainable Transport The NPPF state transport has an important role to play in facilitating sustainable development and contributing to wider sustainability and health objectives. Local authorities should support a sustainable pattern of development which facilitates the use of sustainable modes of transport (paragraph29 &30). NPPF section 32 states that development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe. Requiring Good Design The NPPF stresses the importance of good design and its link to inclusion and sustainable development. Local Plans should develop robust and comprehensive policies that set out the quality of development that will be expected for the area. Conserving and Enhancing the Natural Environment Paragraph 109 of the Framework state that the planning system should contribute to and enhance the natural and local environment. Consistency with the NPPF The NPPF is a significant material consideration in the determination of planning applications. Annex A of the NPPF, specifically paragraph 215, states that due weight should be given to relevant policies in existing plans according to their degree of consistency with the NPPF. The closer the policies in the plan align with the NPPF, the greater the weight that may be given to them.
Local Plan Policies The Local Development Framework Core Strategy and Development Management Policies DPD (known as the Copeland Local Plan 2013-32028) was adopted by the Council in December 2013. It now replaces the majority of the policies within the former Copeland Local Plan 2001-2016. The adopted Plan is consistent with the NPPF and paragraph 11 of the NPPF makes it clear that all applications must be determined in accordance with the Development Plan unless material considerations dictate otherwise. Policy ST1 of the Core strategy sets out the fundamental principles that will achieve sustainable development. Among other things it seeks to ensure that development creates a residential offer which meets the needs and aspirations of the Boroughs housing markets and is focused on previously developed land away from greenfield sites. Policy ST2 sets a spatial development strategy whereby development should be guided to the principal settlement and other centres and sustain rural services and facilities. Cleator is recognised as a Local Centre where appropriately scaled residential development will be permitted. Policy SS1 seeks to improve the housing offer across the Borough. Policy SS1 seeks to improve the housing offer within Copeland by making the area a more attractive place to live through site allocations in areas where there is housing need and the requirement to ensure that housing is designed and built to a good standard. Policy SS2 seeks to achieve sustainable housing growth by focussing new housing development within accessible locations to meet the needs of the community. Policy SS3 requires developers to demonstrate the provision of a balanced mix of housing types. Policy ENV3 seeks to ensure that new development will protect and enhance biodiversity and geodiversity. Development Management Policies The Development Management policies are set out to provide further detail on how the Core Strategy will be implemented. The following policies are relevant to this development:- Policy DM10 requires new development to be of a high standard of design to enable the fostering of ‘quality places’. In doing so development should respond positively to the character of the site and it’s immediate and wider setting, paying careful attention to scale, massing and arrangement. Likewise, development should create and maintain reasonable standards of general amenity. Policy DM11 requires housing to be developed in accordance with sustainable development standards. Policy DM12 sets out specific design standards for new residential development, including the need to retain appropriate separation distances. Policy DM22 requires development proposals to be accessible to all users. Policy DM 26 seeks to ensure that new development proposals do not have an adverse impact on the landscape of the Borough. Policy DM28 requires development proposals which are likely to affect trees to adequately assess the impact of the proposal on trees and provide replacement species at a ratio of 2:1.
Interim Housing Policy As of the 9th May 2017, the Council announced that it cannot demonstrate a five-year supply of housing sites. Policies for the supply of housing set out within the Copeland Local Plan 2013-2028 (Core Strategy and Development Management Policies) will no longer be deemed up-to-date; and these policies carry less than full weight in decision-making. The Copeland Local Plan remains the starting point for considering planning applications and proposals that conform with the Local Plan should be approved. If a proposal does not conform with the Core Strategy then the Preferred Options Site Allocations and Policies Plan and Interim Housing Policy should be considered in the planning balance, along with all other material planning considerations. The lack of five-year housing land supply means that Local Plan policies related to the supply of housing are out-of-date and carry less weight. This also introduces the second part of paragraph 14 of the National Planning Policy Framework (NPPF) 2012 into the decision- making process. Paragraph 14 states that, for decision-taking, where some policies of the development plan may be out-of-date the LPA should grant planning permission unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits when assessed against the policies in the NPPF. Copeland Site Allocations and Policies Plan (SAPP) The next stage of the Local Plan preparation process is to allocate land for future development for the next 15 years. The Site Allocations and Policies Plan will demonstrate how the adopted Core Strategy will be delivered, whilst also identifying areas protected from development. Together with the adopted Core Strategy and Development Management Policies it will provide the basis for determining planning applications. The SAPP will achieve this with a suite of site specific policies followed by the proposed options for land allocations. Once adopted they will replace the remaining allocations ‘saved’ from the Copeland Local Plan 2001-2016. The Preferred Options for the development of land was issued for consultation in 2015. Whilst this document only presents a range of possibilities in terms of the housing sites that could meet the housing needs for the Borough for the whole of the Plan period it does provide some initial assessment of the available sites that have been put forward. In proposing allocations, site assessments were undertaken to establish suitability for development and also site constraints. The site subject to this application was not identified as a site suitable for potential housing development. It forms a small part of a larger area which was suggested as a “Green Gap” with the overall aim of providing a buffer zone between the settlements of Cleator and Cleator Moor to prevent urban sprawl and the merging of the two settlements.
Assessment In making an assessment of the proposed scheme, it is considered that the main issues relevant to the determination of this application are:
Principle of the development Landscape and visual impact Impact on amenity Highways issues Principle of development The NPPF states that housing should be considered in the context of the presumption in favour of sustainable development, and that local planning authorities should deliver a wide choice of high quality homes, widen opportunities for home ownership and create sustainable, inclusive and mixed communities. Whilst the adoption of the Interim Housing Policy falls outside of the statutory development plan it will, however, be relied upon as a material consideration in the determination of planning applications. As the Council cannot demonstrate a five-year supply of housing sites, policies for the supply of housing set out within the Copeland Local Plan2013-2028 (Core Strategy and Development Management Policies) are no longer deemed up-to-date and therefore carry less than full weight in decision-making. Applications that are in accordance with the development plan and other material considerations, proposals for residential development which are contiguous to the development boundary, or the existing built form of a settlement, will be considered against specific criteria that are set out in the Interim Housing Policy. The principle of new housing is supported in the Copeland Local Plan through strategic policies ST1 and ST2 along with policies SS1, SS2 and SS3. These policies seek to promote sustainable development to meet the needs and aspirations of the boroughs housing market, as well as having consideration for the requirements of smaller settlements within the borough which respect their scale and function. Development management policies SM10, DM11 and DM12 which ensure that the proposed development can provide quality place to live, are also relevant to this scheme. The site is modest in scale and lies adjacent to the existing development boundary for Cleator. Cleator is defined as a Local Centre in the Local Plan and together with Cleator Moor has a number of existing services and facilities. As such it is considered to be a sustainable settlement. On the basis of the above, and in view of the Councils current five year land supply position, the principle of residential development in this location is considered to be acceptable and in accordance with the aims and objectives of the NPPF as well as the relevant policies of the adopted Copeland Local Plan and Interim Housing Policy.
Landscape and Visual Impact The site is identified in the Cumbria Landscape Character Guidance as landscape sub type 5d which is defined as “Urban Fringe”. The low density of the development proposed is considered to be appropriate for this edge of settlement location. Existing landscaping on the northern boundary and with the Church Grounds to the east will help to soften the impact of the development within the local are. The applicant has provided some details to illustrate that the existing landscaping located on and beyond the site boundary will be safeguarded to ensure no impact on existing mature trees. Additional landscaping is also proposed on either side of the proposed access road and some reinforcement of hedgerows along field boundaries on land within the applicant’s ownership are also proposed. This approach to reinforce existing landscaping is supported in the Cumbria Landscape Character Guidance and Toolkit. Although the site forms part of the Green Gap in the Site Allocations and Policies Plan (SAPP) which was published in 2015 the whole of the Local Plan is now to be reviewed following the Councils announcements that it cannot demonstrate a 5 year land supply. This reduces the weight that can be attached to the designation of the Green Gap in the decision making process. Notwithstanding this the proposed site is modest in scale and is considered to round off this part of Cleator. It has mature planting on its northern and eastern boundaries which will provide significant screening. On this basis the development of the site is not considered to have a significant impact on the local landscape and would not significantly impinge on the larger area of land that has been identified as a potential “Green Gap”.
Impact on Amenity Although the application has been submitted in outline form only an indicative layout plan demonstrates that 7 dwellings could be accommodated on the site that comply with the recommended separation distances as set out on Policy DM12 of the Local Plan and as such should be capable of development without affecting the amenities of the occupiers of the adjoining residential properties on Gross Grove. Concerns have been raised about the potential impacts of the development on the Church Grounds which lie to the east. Whilst these concerns are noted the low density of the development proposed together with the extent of the site would allow elongated gardens to be provided which will provide a generous separation distances between the dwelling and the adjoining cemetery. This shared boundary is marked by a hedgerow and mature trees. The applicant has also indicated that he is prepared to impose a covenant on each plot to ensure that a 10 metre gap is provided between the edge of the cemetery and the residential gardens to prevent development in this area to act as a buffer zone. It is also possible to impose a condition on any planning permission which removes permitted development rights to ensure that any development in the rear garden areas is controlled. These factors are considered to provide sufficient mitigation and reduce the potential impact of the development on the amenities of the Church Grounds.
Highways Issues Although the application has been submitted in outline form full details of the access arrangements have been provided. Access is to be achieved off an existing route which has already been approved as a suitable means of vehicular access to serve the land to the west which has the benefit of planning permission for 21 residential units. The Highways Officer initially raised a query regarding visibility at the point where the new road joins onto the approved road. Following the submission of an additional plan it has been established that satisfactory visibility splays can be achieved at this junction measuring 43 metres from a setback of 2.4 metres to the satisfaction of the Highways Officer.
Conclusion Taking all of the relevant issues into account, it is recommended that outline planning permission is granted for this scheme. The principle of residential development on this site is considered to be acceptable. In the absence of a 5 year land supply the site is considered to be sustainable and can be developed in a satisfactory manner that would ensure that it would not have any significant adverse impacts on the landscape or the amenities of the locality. The appearance, layout, scale, materials and landscaping of the development will be considered during future reserved matters application(s).
Recommendation: Approved in Outline
Conditions 1. The layout, scale, appearance and landscaping shall be as may be approved by the Local Planning Authority.
Reason
To comply with Section 92 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004
2. Detailed plans and drawings with respect to the matters reserved for subsequent approval shall be submitted to the Local Planning Authority within three years of the date of this permission and the development hereby permitted shall be commenced not later than the following dates:-
a) The expiration of THREE years from the date of permission OR b) The expiration of TWO years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved. Reason To enable the Local Planning Authority to control the development in detail and to comply with Section 92 of the Town and Country Planning Act 1990, as amended by the Planning and Compulsory Purchase Act 2004.
3. Permission shall relate to the following plans and documents as received on the respective dates and development shall be carried out in accordance with them:-
- Site Location Plan, drawing number SG 15-178 02, received on 23rd June 2017 - Planning Statement prepared by Taylor and Hardy, reference SG/17/081, received on 23rd June 2017 Reason To conform with the requirement of Section 91 of the Town and Country Planning Act 1990, as amended by the Planning and Compulsory Purchase Act 2004.
4. The carriageway and footways shall be designed, constructed, drained and lit to a standard suitable for adoption and in this respect further details, including longitudinal/cross sections, shall be submitted to the Local Planning Authority for approval before work commences on site. No work shall be commenced until a full specification has been approved. These details shall be in accordance with the standards laid down in the current Cumbria Design Guide. Any works so approved shall be constructed before the development is complete. Reason To ensure a minimum standard of construction in the interests of highway safety.
5. No dwelling hereby permitted shall be occupied until a means of vehicular access to that particular dwelling has been constructed in accordance with the approved plans. Reason To ensure a minimum standard of construction in the interests of highway safety.
6. Foul and surface water shall be drained on separate systems.
Reason
To secure proper drainage and to manage the risk of flooding and pollution.
7. Prior to the commencement of any development, a surface water drainage scheme, based on the hierarchy of drainage options in the National Planning Practice Guidance with evidence of an assessment of the site conditions shall be submitted to and approved in writing by the Local Planning Authority. The surface water drainage scheme must be in accordance with the Non-Statutory Technical Standards for Sustainable Drainage Systems (March 2015) or any subsequent replacement national standards and unless otherwise agreed in writing by the Local Planning Authority, no surface water shall discharge to the public sewerage system either directly or indirectly. The development shall be completed in accordance with the approved details. Reason To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution. This condition is imposed in light of policies within the NPPF and NPPG.
8. Prior to occupation of the development a sustainable drainage management and maintenance plan for the lifetime of the development shall be submitted to the local planning authority and agreed in writing. The sustainable drainage management and maintenance plan shall include as a minimum:
a. Arrangements for adoption by an appropriate public body or statutory undertaker, or, management and maintenance by a resident’s management company; and b. Arrangements for inspection and ongoing maintenance of all elements of the sustainable drainage system to secure the operation of the surface water drainage scheme throughout its lifetime.
The development shall subsequently by completed, maintained and managed in accordance with the approved plan.
Reason
To ensure that management arrangements are in place for the sustainable drainage system in order to manage the risk of flooding and pollution during the lifetime of the development.
9. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, (or any order revoking or re-enacting that Order with or without modification) no external alterations shall be carried out to the dwellings not shall any building, enclosure, extension, porch, domestic fuel container, pool or hardstanding be constructed within the curtilage of any dwelling without the prior written consent of the Local Planning Authority.
Reason
To safeguard residential amenity and in the interests of visual amenity. 10. Prior to the occupation of any dwelling details of the boundary treatment along the eastern edge of the site for each plot shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details and shall be maintained at all times thereafter. Reason For the avoidance of doubt and to protect local amenity.
Informative The proposed development lies within a coal mining area which may contain unrecorded coal mining related hazards. If any coal mining feature is encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848. Further information is also available on the Coal Authority website at:- www.gov.uk/government/organisations/the-coal-authority
Statement The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received, and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development as set out in the National Planning Policy Framework. Application Number: 4/17/2252/0O1 Application Type: Outline - CBC Applicant: Mr and Mr Hyland Application Address: LAND AT BOWTHORN FARM, BOWTHORN ROAD, CLEATOR MOOR Proposal: OUTLINE WITH ALL MATTERS RESERVED FOR RESIDENTIAL DEVELOPMENT Parish: Cleator Moor Recommendation Summary: Approve in Outline Introduction This application relates to an area of land off Bowthorn Road on the northern edge of Cleator Moor which covers a total area of approximately 0.34 hectares. The site is currently utilised for agricultural purposes and lies in open countryside out with the current settlement boundary for Cleator Moor.
Proposal This outline application seeks to establish the principle of developing the site for residential purposes with all matters relating to layout, scale, appearance, access and landscaping reserved for subsequent approval. The application is accompanied by the following information:- - Site Location Plan - Block Plan - Topographic Survey - Design and Access Statement - Preliminary Ecological Appraisal - Geographical Survey - Phase 1 Preliminary Environmental Risk Assessment - Environmental Survey
The Design and Access Statement indicates that the land could accommodate up to 10 dwellings based on a density of 30 per ha.
Consultation Responses Town Council The Town Council wish to object to the planning application on the basis of the following comments:- - The site lies outside the development boundary for Cleator Moor - The development is situated on an area that has been mined for coal - The access to the site is dangerous - The footway is too narrow and does not meet highway specifications - Potential increase in flooding due to capacity issues in the Nor Beck Highways Officer (Cumbria County Council) Although this is an outline application with all matters reserved the Highway Authority has confirmed that it has no objection, in principle, to the application subject to conditions relating to the following: - The current 30mph zone will need to be extended - The provision of adequate visibility splays - Carriage and footpaths should be designed to adoptable standards - Access and parking provision - Details of highway surface water drainage - A stage one safety audit should be undertaken as part of the preliminary design stage
Local Lead Flood Authority (Cumbria County Council) The LLFA offers no objection to the scheme subject to a condition relating to surface water drainage.
Natural England No objection subject to mitigation being secured relating to the provision of: - A Construction Environmental Management Plan (CEMP) - A finalised Foul and Surface Water Drainage Plan They have also advised that an EA Consultation and Permit would be required for any works within 8m of the watercourse and that the mitigation measures laid out in the Ecological Appraisal should be followed.
Planning Policy Team
As this site lies outside the development boundary for Cleator Moor it should be considered against the Interim Housing Policy.
The application site is contiguous to the current settlement boundary for Cleator Moor. It is close to existing services, facilities and transport modes within the settlement, would not result in significant intrusion into the open countryside or result in the merging of settlements. On this basis the Planning Policy Team considers that this proposal is acceptable under current policy considerations and, therefore, support the application. Other 21 letters of objection have been received which raise the following issues:- - The proposed access is inadequate to accommodate the scale of development proposed - The volume of traffic associated with the development will impact on highway safety, especially due to the existing on street parking on Bowthorn Road - Nor Beck does not have the capacity to accept any additional flows without exacerbating existing flooding problems within the local area - Adverse impact on protected species and their habitat - The development is seen as the “thin end of the wedge” before further applications will be submitted - Loss of agricultural land - Adverse impact on the local landscape – the development will significantly alter its character - The development will set a precedent for other large scale development within the town - There is no need for additional housing within Cleator Moor as a significant level of new builds have already been approved and there are also a number of empty properties within the town - The development falls outside the development boundary - Loss of views and outlook - Overlooking and privacy issues which would adversely affect residential amenity - The development will bring no benefit to Cleator Moor - Potential damage to properties and land due to the land slipping away during development - Adverse impact on the standard of living and well being of local residents - Impact on safety of local residents - Impact on the local services, schools, amenities and infrastructure - Noise and dust disruption during the construction period
One letter of support has been received with the following comments: - The development will bring opportunities for smaller building firms - The development will help to meet housing needs - The site could provide an opportunity for custom and self build homes Planning Policy National Planning Policy The National Planning Policy Framework (NPPF) sets out the planning guidelines at a national level and outlines that the purpose of the planning system is to contribute to the achievement of sustainable development. It stresses that in assessing and determining development proposals Local Planning Authorities should apply the presumption in favour of sustainable development. Paragraph 7 of the NPPF establishes the three dimensions to sustainable development, these can be summarised as follows: Planning for prosperity (an economic role) - contributing to building a strong, responsive and competitive economy, by ensuring that sufficient land of the right type is available in the right places and at the right time to support growth and innovation; and by identifying and coordinating development requirements, including the provision of infrastructure; Planning for people (a social role) - supporting strong, vibrant and healthy communities, by providing the supply of housing required to meet the needs of present and future generations; and by creating a high quality built environment, with accessible local services that reflect the community’s needs and support its health, social and cultural well-being; and Planning for places (an environmental role) - contributing to protecting and enhancing the natural, built and historic environment; and, as part of this, helping to improve biodiversity, use natural resources prudently, minimise waste and pollution, and mitigate and adapt to climate change including moving to a low carbon economy. Paragraph 8 stresses that these roles should not be undertaken in isolation, because they are mutually dependent. Presumption in Favour of Sustainable Development The overarching aim of the NPPF is to proactively deliver sustainable development to support the Government's economic growth objectives and deliver the country’s development needs. Delivering a wide choice of high quality homes Paragraph 49 of the NPPF advises that housing applications should be considered in the context of the presumption in favour of sustainable development and relevant policies for the supply of housing should not be considered up-to-date if the LPA cannot demonstrate a five-year supply of deliverable housing sites. In turn where a five year supply of deliverable housing sites cannot be demonstrated then paragraph 14 of the NPPF is engaged and an application is to be assessed in this context. A key objective of the NPPF is to boost significantly the supply of housing (Paragraph 47) and to deliver a wide choice of high quality homes to widen opportunities for home ownership and create sustainable, inclusive and mixed communities (Paragraph 50). Paragraph 57 emphasizes the importance of design and requires positive planning for the achievement of high quality and inclusive designs for all development. Building a Strong, Competitive Economy The NPPF seeks to encourage and not impede sustainable growth. Significant weight is placed on the need to support economic growth through the planning system by requiring local authorities to deliver houses and infrastructure that the country needs (paragraph 17). Positive effects are attached 'significant' weight in decision-making. Paragraph 19 states that "Planning should operate to encourage and not act as an impediment to sustainable growth. Therefore significant weight should be placed on the need to support economic growth through the planning system". Promoting Sustainable Transport The NPPF states transport has an important role to play in facilitating sustainable development and contributing to wider sustainability and health objectives. Local authorities should support a sustainable pattern of development which facilitates the use of sustainable modes of transport (paragraphs 29 & 30). NPPF section 32 states that development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe. Requiring Good Design The NPPF stresses the importance of good design and its link to inclusion and sustainable development. Local Plans should develop robust and comprehensive policies that set out the quality of development that will be expected for the area. Paragraph 56 of the NPPF states that great importance should be attached to the design of the built environment and that good design is a key aspect of sustainable development. Meeting the Challenge of Climate Change, Flooding and Coastal Change Paragraph 93 of the NPFF sets out that Local Planning Authorities should adopt proactive strategies to mitigate and adapt to climate change, taking full account of flood risk, coastal change and water supply and demand considerations. Paragraph 94 of the Framework sets out that full account should be taken of flood risk, coastal change and water supply and demand considerations. Paragraph 103 sets out that when determining planning applications, local planning authorities should ensure flood risk is not increased elsewhere. The Environment Agency flood zone map shows the application site to be in Flood Zone 1, where the annual probability of surface water flooding is less than 0.1%. New development should be planned to “avoid increased vulnerability to the range of impacts arising from climate change. When new development is brought forward in areas which are vulnerable, care should be taken to ensure that risks can be managed through suitable adaptation measures, including through the planning of green infrastructure” (paragraph 99).
Conserving and Enhancing the Natural Environment Paragraph 109 of the Framework states that the planning system should contribute to and enhance the natural and local environment by: Protecting and enhancing valued landscapes, geological conservation interest and soils; Recognising the wider benefits of ecosystem services; and Minimising impacts on biodiversity and providing net gains in biodiversity where possible, contributing to the Government’s commitment to halt the overall decline in biodiversity. Paragraph 118 outlines that when determining planning applications, local planning authorities should aim to conserve and enhance biodiversity by applying a number of principles including refusing planning permission if significant harm resulting from a development cannot be avoided (through locating on an alternative site with less harmful impacts), adequately mitigated, or, as a last resort, compensated for. Ground Conditions Paragraph 121 of the Framework states that decisions should ensure that a site is suitable for its new use, which takes account of ground conditions and land instability, including natural hazards or former activities such as mining. Consistency with the NPPF The NPPF is a significant material consideration in the determination of planning applications. Annex A of the NPPF, specifically paragraph 215, states that due weight should be given to relevant policies in existing plans according to their degree of consistency with the NPPF. The closer the policies in the plan align with the NPPF, the greater the weight that may be given to them.
Local Plan Policies The Local Development Framework Core Strategy and Development Management Policies DPD (known as the Copeland Local Plan 2013-2028) was adopted by the Council in December 2013. It now replaces the majority of the policies within the former Copeland Local Plan 2001-2016. The adopted Plan is consistent with the NPPF and paragraph 11 of the NPPF makes it clear that all applications must be determined in accordance with the Development Plan unless material considerations dictate otherwise. Policy ST1 of the Core strategy sets out the fundamental principles that will achieve sustainable development. Among other things it seeks to ensure that development creates a residential offer which meets the needs and aspirations of the Boroughs housing markets. Policy ST2 sets a spatial development strategy whereby development should be guided to the principle settlement and other centres and sustain rural services and facilities. Cleator Moor is recognised as a Key Service Centre where moderate housing development in the form of extensions to the town may be permitted to help meet the general needs of the town. Policy SS1 seeks to improve the housing offer across the Borough. Policy SS2 seeks to achieve sustainable housing growth by focussing new housing development within accessible locations to meet the needs of the community. Policy SS3 requires developers to demonstrate the provision of a balanced mix of housing types. Policy SS5 promotes the provision and access to open space and green infrastructure. Policy ENV 1 sets out an approach to ensure that new build development is not prejudiced by flood risk. Any risk should be managed appropriately. Policy ENV 3 seeks to ensure that new development will protect and enhance biodiversity and geodiversity. Policy ENV5 relates to the protection and enhancement of the Borough’s landscapes. It seeks to ensure that landscapes are protected from inappropriate change through unsympathetic development. Policy T1 requires mitigation measures to be secured to address the impact of major housing schemes on the Boroughs transportation system.
Development Management Policies The Development Management policies are set out to provide further detail on how the Core Strategy will be implemented. The following policies are relevant to this development:- Policy DM10 requires new development to be of a high standard of design to enable the fostering of ‘quality places’. In doing so development should respond positively to the character of the site and it’s immediate and wider setting, paying careful attention to scale, massing and arrangement. Likewise, development should create and maintain reasonable standards of general amenity. Policy DM12 sets out specific design standards for new residential development, including the need to retain appropriate separation distances. DM22 related to accessible development, ensuring that new development is accessible to all users ensuring that its responds positively to existing movement patters in the area. Policy DM24 seeks to ensure that new development is not at unacceptable risk of flooding and appropriate mitigation measures should be provided where necessary. Policy DM25 seeks to ensure that new development protects nature conservation, habitats and protected species. Policy DM26 seeks to ensure that new development proposals do not have an adverse impact on the landscape of the Borough.
Interim Housing Policy
As of the 9th May 2017, the Council announced that it cannot demonstrate a five-year supply of housing sites. Policies for the supply of housing set out within the Copeland Local Plan 2013 – 2028 (Core Strategy and Development Management Policies) will no longer be deemed up-to-date; and these policies carry less than full weight in decision-making.
The Copeland Local Plan remains the starting point for considering planning applications and proposals that conform with the Local Plan should be approved. If a proposal does not conform with the Core Strategy then the Preferred Options Site Allocations and Policies Plan and Interim Housing Policy should be considered in the planning balance, along with all other material planning considerations.
The lack of five-year housing land supply means that Local Plan policies related to the supply of housing are out-of-date and carry less weight. This also introduces the second part of paragraph 14 of the National Planning Policy Framework (NPPF) 2012 into the decision- making process. Paragraph 14 states that, for decision-taking, where some policies of the development plan may be out-of-date, the LPA should grant planning permission unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits when assessed against the policies in the NPPF.
Assessment In making an assessment of the proposed scheme, it is considered that the main issues relevant to the determination of this application are:
Principle of the development Residential amenity Highway safety and parking Ecology Flood risk and drainage Ground conditions and mining legacy
Principle of development The NPPF states that housing should be considered in the context of the presumption in favour of sustainable development, and that Local Planning Authorities should deliver a wide choice of high quality homes, widen opportunities for home ownership and create sustainable, inclusive and mixed communities.
Whilst the adoption of the Interim Housing Policy falls outside of the statutory development plan, it will however be relied upon as a material consideration in the determination of planning applications. As the Council cannot demonstrate a five-year supply of housing sites, policies for the supply of housing set out within the Copeland Local Plan 2013 – 2028 (Core Strategy and Development Management Policies) are no longer deemed to be up-to-date and therefore carry less than full weight in decision-making. Applications that are in accordance with the development plan will continue to be supported, however, in addition to the development plan and other material considerations, proposals for residential development which are contiguous to the development boundary, or the existing built form of a settlement, will be considered against the specific criteria set out in the Interim Housing Policy.
The principle of new housing is supported in the Copeland Local Plan through strategic policies ST1 and ST2 along with policies SS1, SS2 and SS3. These policies seek to promote sustainable development to meet the needs and aspirations of the boroughs housing market, as well as having consideration for the requirements of smaller settlements within the borough which respect their scale and function. The site lies immediately adjacent to a modern housing estate on the edge of Cleator Moor and would form a natural extension to the town. Cleator Moor is recognised in the Local Plan as a Key Service Centre and has a number of existing services and facilities. As such it is considered to be a sustainable settlement. On the basis of the above, and in view of the Councils current five year land supply position, the principle of residential development in this location is considered to be acceptable and in accordance with the aims and objectives of the NPPF as well as the relevant policies of the adopted Copeland Local Plan and Interim Housing Policy.
Residential Amenity Whilst no indicative plans have been provided, the Design and Access Statement suggests that the site may accommodate 9 dwellings. Further consideration of separation distances between the proposed new dwellings and existing properties will be required to ensure that overlooking does not result in a loss of amenity to occupiers. This can be considered during detailed design assessments at reserved matters stage, however the resulting density per hectare would allow for reasonable sized plots and it is considered that the site can be developed in a way that would provide appropriate levels of amenity to all occupiers.
Highway Safety and Parking It is anticipated that a vehicular and pedestrian access to serve the site would be achieved off Bowthorn Road, one of the main roads running out of Cleator Moor and towards Frizington. Although no specific details of access have been provided with the application, the Cumbria Highway Authority has raised no objection to the proposal in principle, subject to the provision of an appropriate access with adequate visibility splays. Further consideration of carriage way and footpath design along with parking arrangements will be required to be conditioned as part of any approval and further detail provided at reserved matters stage. Controls could also be imposed by condition to regulate the construction phase of any development. Ecology A preliminary ecological appraisal and hedge survey was submitted with the application. This report sets out the following recommendations and mitigation measures to ensure that the development will have no adverse impacts on local ecology and habitat. Hedges A detailed bird nest survey should be undertaken before works commence with works taking place outside the bird-breeding season. A buffer zone and fencing may be required between the development and the existing hedgerow in order to ensure that adequate protection is given to the hedgerow. Planting Hedges should be replanted with native UK species and retained with the correct maintenance and protection. Bats A full preliminary tree assessment should be undertaken in order to assess possible bat habitats. The development should incorporate bat friendly features such as low level lighting, bat boxes and landscaping suitable for habitats. . Further recommendations were suggested based on good practice and harm avoidance as well as suggestions as to how the development could provide additional habitat enhancement. Natural England has not raised any objections to the proposal based on the mitigation measures recommended in the ecological report. These measures can be secured by appropriately worded planning conditions.
Flood Risk and Drainage The site lies within flood zone 1. As the scale of the proposal is not defined as major development under the planning regulations the applicant was not required to submit a Flood Risk Assessment as part of the submission. The County Council in their role as Local Lead Flood Authority have raised no objections to the principle of developing the site subject to the submission of a detailed drainage scheme. This can be conditioned as part of any planning permission. At reserved matters stage surface water and discharge rates for the proposed development will be required to be designed and constructed to adopted standards along with a management and maintenance regime for Sustainable Drainage Systems for the lifetime of the development. This can be conditioned to ensure that the system is designed in relation to the final layout of the scheme. Subject to this information being provided, it is considered that the development would satisfy the aims and objectives of the relevant paragraphs of the NPPF as well as policies ST1, ENV1, DM11 and DM124 of the Copeland Local Plan.
Ground Conditions and Mining Legacy The Phase 1 geological report which has been provided as part of the application does not identify any major issues with regards to ground conditions. The site lies in an area that is classed as having a low risk in terms of historical coal mining activity. In such instances the Coal Authority recommends that their standing advice is included as an informative on any planning permission. The Phase 1 Preliminary Environmental Risk Assessment concludes that the site is a low to moderate geotechnical risk. It is considered to pose a negligible to very low risk to potential ground contamination and a very low risk from ground gas. It suggests that a Phase 2 Ground Investigation should be undertaken following the grant of any planning permission and this can be secured by an appropriately worded planning condition. On the basis of this information there is not considered to be any significant issue that would prevent a planning permission being issued to secure the principle of residential development at this stage.
Conclusion This site lies on the edge of Cleator Moor and is well related to existing residential development. Development in this location is considered to be sustainable when considered against the NPPF and also meets the criteria set out in the Interim Housing Policy which has been produced to delivery housing in sustainable locations in the absence of a 5 year land supply.
The appearance, layout, scale, access, materials and landscaping of the development and its impacts will be considered during future reserved matters application(s).
Recommendation: Approve in Outline
1. The layout, scale, appearance, means of access thereto and landscaping shall be as may be approved by the Local Planning Authority. Reason To comply with Section 92 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004. 2. Detailed plans and drawings with respect to the matters reserved for subsequent approval shall be submitted to the Local Planning Authority within three years of the date of this permission and the development hereby permitted shall be commenced not later than the later of the following dates:-
a) The expiration of THREE years from the date of this permission
Or
b) The expiration of TWO years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved. Reason To enable the Local Planning Authority to control the development in detail and to comply with Section 92 of the Town and Country Planning Act 1990, as amended by the Planning and Compulsory Purchase Act 2004.
3. Permission shall relate to the following plans and documents as received on the respective dates and development shall be carried out in accordance with them: - - Site Location Plan - Topographic and Detail Survey, reference Rev A, received 19th July 2017; - Site Plan, scale 1:500, reference HY/2/17, received 19th July 2017; - Location Plan, scale 1:1250, reference HY/1/17, received 19th July 2017; - Design and Access Statement, received 19th July 2017; - Groundsure Enviro Insight, reference EMS-420766_562254, received 19th July 2017; - Phase 1: Desk Top Study Report (Preliminary Environmental Risk Assessment), received 19th July 2017; - Groundsure Geo Insight, reference EMS-420766_562253, received 19th July 2017; - Preliminary Ecological Appraisal and Hedge Survey, received 19th July 2017.
Reason To conform with the requirement of Section 91 of the Town and Country Planning Act 1990, as amended by the Planning and Compulsory Purchase Act 2004.
4. No development approved by this planning permission (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), shall take place until a scheme that includes the following components to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority: 1) A site investigation scheme, based on the submitted Preliminary Environmental Risk Assessment to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.
2) The results of the site investigation and detailed risk assessment referred to in (1) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.
3) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (2) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.
Any changes to these components require the express written consent of the local planning authority. The scheme shall be implemented as approved.
Reason
To ensure that any remediation measures are in place to deal with any contamination issues.
5. The development shall not commence until visibility splays providing clear visibility of 90 x 2.4 x 90 metres measured down the centre of the access road and the nearside channel line of the major road have been provided at the junction of the access road with the county highway. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order) relating to permitted development, no structure, vehicle or object of any kind shall be erected, parked or placed and no trees, bushes or other plants shall be planted or be permitted to grow within the visibility splay which obstruct the visibility splays. The visibility splays shall be constructed before general development of the site commences so that construction traffic is safeguarded.
Reason
In the interests of highway safety
6. The carriageway, footways and footpaths shall be designed, constructed, drained and lit to a standard suitable for adoption and in this respect further details, including longitudinal/cross sections, shall be submitted to the Local Planning Authority for approval before work commences on site. No work shall be commenced until a full specification has been approved. These details shall be in accordance with the standards laid down in the current Cumbria Design Guide. Any works so approved shall be constructed before the development is complete.
Reason
To ensure a minimum standard of construction in the interests of highway safety
7. The use shall not be commenced until the access and parking requirements have been constructed in accordance with the approved plan. Any such access and or parking provision shall be retained and be capable of use when the development is completed and shall not be removed or altered without the prior written consent of the Local Planning Authority.
Reason
To ensure a minimum standard of access provision when the development is brought into use
8. Full details of the highway surface water drainage system shall be submitted to the Local Planning Authority for approval prior to development being commenced. Any approved works shall be implemented prior to the development being completed and shall be maintained operational thereafter. Reason In the interests of highway safety and environmental management
9. Details of all measures to be taken by the applicant/developer to prevent surface water discharging onto or off the highway shall be submitted to the Local Planning Authority for approval prior to development being commenced. Any approved works shall be implemented prior to the development being completed and shall be maintained operational thereafter.
Reason
In the interests of highway safety and environmental management
10. Prior to the commencement of development, a construction management plan detailing transport routes, signage, working hours, wheel cleaning facilities, and site compound location shall be submitted to and approved in writing by the Local Planning Authority. Reason In the interests of highway safety and to mitigate the impacts on adjacent neighbouring properties.
11. Foul and surface water shall be drained on separate systems and so maintained as such thereafter.
Reason
To ensure a satisfactory drainage scheme.
12. The drainage for the development hereby approved, shall be carried out in accordance with principles set out in the submitted application proposing surface water discharging into a watercourse. No surface water will be permitted to drain directly or indirectly into the public sewer. Any variation to the discharge of foul shall be agreed in writing by the Local Planning Authority prior to the commencement of the development. The development shall be completed in accordance with the approved details. Reason To ensure satisfactory form of development and to prevent an undue increase in surface water run-off and to reduce the risk of flooding.
13. Any application for Reserved Matters Application shall include a full surface water drainage scheme, based on the hierarchy of drainage options in the National Planning Practice Guidance with evidence of an assessment of the site conditions (inclusive of how the scheme shall be managed after completion) shall be submitted to and approved in writing by the Local Planning Authority. The surface water drainage scheme must be in accordance with the Non-Statutory Technical Standards for Sustainable Drainage Systems (March 2015) or any subsequent replacement national standards and unless otherwise agreed in writing by the Local Planning Authority, no surface water shall discharge to the public sewerage system either directly or indirectly. Reason To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution. 14. Prior to the commencement of the development a sustainable drainage management and maintenance plan for the lifetime of the development shall be submitted to the Local Planning Authority and agreed in writing. The sustainable drainage management and maintenance plan shall include as a minimum:
1) The arrangements for adoption by an appropriate public body or statutory undertaken, or, management and maintenance by a Resident’s Management Company; and 2) Arrangements concerning appropriate funding mechanisms for its ongoing maintenance of all elements of the sustainable drainage system (including mechanical components) and will include elements such as ongoing inspections relating to performance and asset condition assessments, operation costs, regular maintenance, remedial works and irregular maintenance caused by less sustainable limited life assets or any other arrangements to secure the operation of the surface water drainage scheme throughout its lifetime. The development shall subsequently be completed, maintained and managed in accordance with the approved plan. Reason To manage flooding and pollution and to ensure that a managing body is in place for the sustainable drainage system and there is funding and maintenance mechanism for the lifetime of the development.
15. Prior to work commencing on site all of the mitigation and compensation measures set out in the Preliminary Ecological Appraisal and Hedge Survey, prepared by Open Space and dated June 2017 shall be implemented. . Reason To protect the ecological interests evident on the site.
16. Prior to work commencing on site a Construction Environmental Management Plan shall be submitted to and approved in writing by the Local Planning Authority. Works shall then be carried out in accordance with the approved details.
Reason
To protect the ecological interests evident on the site. Informatives 1. The proposed development lies within a coal mining area which may contain unrecorded coal mining related hazards. If any coal mining feature is encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848. Further information is also available on the Coal Authority website at:- www.gov.uk/government/organisations/the-coal-authority
2. The applicant should note that an Environmental Agency consultation and permit would be required for any works within 8 metres of any watercourse.
3. Prior to any development commencing on the site the developer shall secure an extension to the 30mph speed limit zone on Bowthorn Road to an agreed position which includes the entire site frontage to the satisfaction of the Highway Authority.
Statement The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received, and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development as set out in the National Planning Policy Framework. Application Number: 4/17/2256/0F1 Application Type: Full Applicant: Sellafield Limited Application Address: SELLAFIELD WORKS, SEASCALE Proposal: APPLICATION FOR NEW STEAM GENERATION PLANT AND DEMOLITION OF EXISTING COMBINED HEAT AND POWER PLANT (CHP) Parish: Ponsonby Recommendation Summary: Site Visit
Introduction An application has been received for the construction of a new steam generation plant at Sellafield. This is a major construction project which seeks to replace the main combined heat and boiler plant on the site. It should be noted that a separate application has been submitted concurrently to Cumbria County Council for a temporary access road, contractor`s welfare/ office accommodation, reprofiling and reinstatement of the CHP landscape mound to serve the construction phase of the development. As the site for this element of the works involves the CHP Landscape Mound the County as Waste and Minerals Planning Authority are the relevant authority to deal with this part of the development.
The Site Sellafield is an existing licensed nuclear site situated on the west coast of Cumbria. It is highly industrialised covering an area of approximately 6km square and accommodating over 1300 buildings of varying sizes. Vehicular access is via the A595T at Blackbeck, Calderbridge and Seascale. Location within Sellafield The site, the subject of this application, is located within an area known as Fellside, situated immediately adjacent to the eastern boundary of the licensed Sellafield site. Part of it is currently home to the existing combined heat and power plant (CHP). In the north-west corner is the boiler park and adjoining the south-eastern boundary is an associated car park beyond which is the existing CHP landscape mound and an access track leading to Area D1 for the storage of landscape materials. Access to the facility will be from within the Sellafield site.
The Proposal This is a major application for the construction of a new Steam Generation Plant and the demolition of the existing Combined Heat and Power Plant (CHP) on a large 5.8ha site which would comprise the following development identified in phases which would be delivered over an 8 year period: First Phase - Site set up and replacement of the Fuel Oil Tanks
Associated construction compound and site accommodation cabins. Construction of a temporary access road, 5.5m in width. Temporary car park. NB. All of the above will be in use until 2025
Demolition of two existing CHP fuel tanks. Installation of 3 x Fuel Tanks, each 450 cubic metres in volume. These will replace those associated with the existing CHP. Second Phase - Fellside Steam Generation Plant (2018-2020)
Construction of Main SGP Plant Building measuring some 38m x 42m x 13m in height. This will take the form of a steel portal framed clad building with a pitched roof with vehicle and personnel access doors. Exhaust Stack adjacent circa 40m height. Construction of Steam Pipe Bridge 170m in length to link to site network. Third Phase – Demolition of existing Fellside CHP plant (2021-2025)
Demolition and clearance of existing Fellside CHP Reinstatement of temporary car park and landscaping mound Reinstatement of the existing Fellside Lodge Car Park adjacent to current capacity. Timing of Phasing The development would be delivered in three key phases details as above. The first would commence later in 2017, the second between 2017 and 2020, and the final from 2020 to 2025.
Purpose The purpose of the development is to provide for the replacement of the existing CHP, which is an ageing asset, and replace it with a more efficient steam only generation plant to serve the continuing demand for steam on the Sellafield site until the end of site operations. It is required to meet Sellafield’s obligations under the Industrial Emissions Directive by the implementation date of 2020. The Fellside Boiler Park alongside will exist to provide a back- up/ emergency steam supply should the need arise. The application is accompanied by the following documents:
Design and Access Statement Construction Statement Transport and Waste Plan Flood Risk Assessment Arboricultural Impact Assessment Noise Assessment Report Drainage Strategy Preliminary Geo environmental Assessment Summary Preliminary Ecological Appraisal Air Quality Assessment Consultations As this is a major application extensive consultations with statutory consultees and others have been undertaken. The responses received will be reported in full when the application is being considered by the Panel for a decision. The consultees include: Ponsonby Parish Council Beckermet with Thornhill Parish Council Gosforth Parish Council Seascale Parish Council Lake District National Park Highways England Cumbria County Council Highway Authority Cumbria County Council Lead Local Flood Authority Cumbria County Council Resilience Unit Office of Nuclear Regulation (ONR) Natural England (NE) Environment Agency Copeland Borough Council, Flood and Coastal Defence Engineer Copeland Borough Council, Scientific Officer Copeland Borough Council, Strategic Planning Policy Team Neighbours
Planning Policy NDA Strategy (April 2016) The Nuclear Decommissioning Authority is the body tasked with implementing Government Policy on higher activity radioactive waste and the low level waste strategy. It also has the role of ensuring that decommissioning of civil nuclear sites is undertaken in a safe secure and cost effective way. The NDA Strategy sets out the following mission `Deliver safe, sustainable and publicly acceptable solutions to the challenge of nuclear clean up and waste management`. It identifies five strategic themes; site decommissioning and remediation; spent fuel management; nuclear materials; integrated waste management and critical enablers. The Nuclear Decommissioning Authority is the body tasked with implementing Government Policy on higher activity radioactive waste and the low level waste strategy. It also has the role of ensuring that decommissioning of civil nuclear sites is undertaken in a safe secure and cost effective way. The NDA Strategy sets out the following mission `Deliver safe, sustainable and publicly acceptable solutions to the challenge of nuclear clean up and waste management`. It identifies five strategic themes; site decommissioning and remediation; spent fuel management; nuclear materials; integrated waste management and critical enablers.
National Policy Statements (NPS) National Policy Statement (NPS) set out national policy for energy infrastructure. Used as the basis for decisions on National Planning Infrastructure Projects (NSIP`s) NPS`s may also be a material consideration in decision making on other planning applications. Whether, and to what extent however, will be judged on a case by case basis. NPS EN-1 Overarching Energy Infrastructure This NPS sets out the Governments Policy for delivery of major energy infrastructure. It recognises that energy is vital to economic prosperity and social wellbeing and as such it is important that the UK has secure and affordable energy. The aim being to move to a secure low carbon energy system. To support the transition one of four key programme areas identified is that of managing our energy legacy responsibly and cost effectively.
National Planning Policy Framework (NPPF) 2012 The NPPF sets out the economic, social and environmental principles to sustainable development and endorses a presumption in favour of sustainable development. Core principles of the NPPF relevant to the four related applications include proactively driving and supporting sustainable economic development and taking into account the different roles and characters of different areas. Paragraph 11 requires that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise. Paragraph 12 highlights the statutory status of the development plan being the starting point for decision making. Paragraphs 196 and 197 under ‘decision taking’ reiterate these. Paragraph 3 of the NPPF`s introduction confirms that the advice and guidance in the National Policy Statements on Energy (EN-1) and Nuclear Power Generation (EN-6) are material considerations to decisions on planning applications as they form part of the overall framework of national planning policy. Planning Practice Guidance (NPPG) A web based resource produced by the Department for Communities and Local Government in 2014. This supports the implementation of the NPPF by the provision of a set of practice guidance on topic areas.
Copeland Local Plan 2013-2028 Strategic Policies ST1 Strategic Development Principles and ST2 Spatial Development Strategy apply to the application with respect to economic sustainability in supporting the development of energy infrastructure and facilitating growth in the local economy, particularly in the energy sector. Policies ER1 Planning for the Nuclear Sector and ER3 Support Infrastructure of the Energy Coast are applicable in planning for the Energy Coast and support the fulfilment of the Energy Coast concept. Policy DM1 Nuclear-related Development, Criterion B, states that proposals involving the use, storage or processing of radioactive material should include a strategy for the construction and the long term management and safety of the site including the management of radioactive material. Policy DM2 Renewable Energy Development in the Borough is designed to minimise the impacts of renewable energy developments from potential adverse impacts such as noise, odour and vibration. Policy DM5 Nuclear Sector Development at Sellafield and the LLWR at Drigg sets out the Council’s approach to dealing with proposals for nuclear reprocessing and waste management in the Borough is to work with operators of facilities at the Sellafield licensed site. Criterion B specifically states that any further development related to the nuclear fuel cycle will only be permitted where it contributes to a long term strategy for the future management of the site. Policy DM11 Sustainable Development Standards this sets out the detailed requirements for sustainable development and construction in support of the key principles outlined in Policy ST1. Policy DM25 Protecting Nature Conservation Sites, Habitats and Species outlines that all development proposals should protect the biodiversity value of land and buildings; minimise fragmentation of habitats and; maximise opportunities for conservation, restoration, enhancement and connection of natural habitats and the creation of habitats. It sets out the approach towards managing development proposals which may have an effect on the above. Sellafield Context Plan (April 2017) Produced by Sellafield as an aid to Local Planning Authority understanding of the future development of the Sellafield Site. Covering the period 2017-2026, it provides a useful framework and shows the context within which development proposals form part of a logical and integrated overall land use for the site. It explains the changes and challenges the site faces and identifies the key drivers behind a significant construction programme. Although it has no formal planning status the document is considered relevant as it provides useful background enabling the understanding of the context of SL applications.
Impacts The new SGP will be constructed using more up to date and efficient technologies which it is expected will result in reduced environmental impacts when compared to the existing CHP plant. Irrespective, there are a number of potential impacts the proposal raises that warrant careful consideration including landscape and visual, ecology, waste, aerial discharges, traffic generation, noise and cumulative effects. Each along with any others that arise will be assessed in the main Planning Panel report.
Assessment This is a major and significant application for the Borough. In view of the scale of the proposal and its complexity, as well as the potentially contentious issues the application is likely to raise, it is recommended that Members take this opportunity to visit the site to assess fully all the likely material planning implications before arriving at a decision.
Recommendation: Site Visit Application Number: 4/17/2271/0F1 Application Type: Full - CBC Applicant: Mirehouse Community Centre Application Address: THE WINNING POST (BETTING SHOP), MEADOW ROAD, MIREHOUSE, WHITEHAVEN Proposal: CHANGE OF USE TO COMMUNITY GYMNASIUM Parish: Whitehaven Recommendation Summary: Approve
Proposal This application relates to a detached building that fronts onto Meadow Road which was formerly in use as a betting shop. Planning permission is sought for the conversion of the building to form a small gymnasium. There are no changes proposed to the exterior of the building other than general refurbishment. The building lies within a fenced area of ground and has an existing vehicular access onto Mirehouse Road. This access is to be retained and the grounds are to be cleared and used to provide off street car parking to serve the proposed gymnasium. This application is being reported to the Planning Panel as the building is owned by the Council.
Consultation Responses Town Council No objections.
Highways Officer No objection as the proposal will not have a material affect on existing highway conditions
Local Lead Flood Authority There are no records of any flooding on this site and the Environment Agency surface water maps do not indicate that the site is in an area of risk
Planning Policy National Planning Policy The National Planning Policy Framework (NPPF) sets out the planning guidelines at a national level and outlines that the purpose of the planning system is to contribute to the achievement of sustainable development. It identifies three dimensions to sustainable development: economic, social and environmental. It defines an economic role as contributing to building a strong, responsive and competitive economy by ensuring that sufficient land of the right type is available in the right places and at the right time. A social role is defined as supporting strong, vibrant and healthy communities by, amongst other things, creating accessible local services that reflect the communities needs and support its health, social and cultural wellbeing. Paragraph 17 sets out the core planning principles that should underpin decision taking. These include the encouragement to reuse existing brownfield land and measures to improve health, social and cultural wellbeing for all and deliver sufficient community and cultural facilities and services to meet local needs. Paragraph 69 sets out that local planning authorities should promote healthy communities. This includes the provision of social, recreational and cultural facilities and services that the community needs.
Copeland Local Plan 2001-2016 The adopted Copeland Local Plan seeks to achieve sustainable forms of development, as required under the overarching policy of the Plan, Policy DEV 1. Policy DEV 2 designates Whitehaven as being the Principal settlement within the borough where a significant proportion of development should be focussed. Policy DEV 4 sets a preference for the development of brown field sites within the development boundary. Policy SS4 encourages community and cultural facilities related to the needs of the local community and can be served by a range of transport modes.
Development Management Policies The Development Management policies are set out to provide further detail on how the Core Strategy will be implemented. The following policies are relevant to this development:- Policy DM10 requires new development to be of a high standard of design to enable the fostering of ‘quality places’. In doing so development should respond positively to the character of the site and it’s immediate and wider setting, paying careful attention to scale, massing and arrangement. Likewise, development should create and maintain reasonable standards of general amenity. Policy DM22 requires all development proposals to be accessible to all users.
Assessment This building is currently vacant and in a poor condition. Its reuse and refurbishment to form a gymnasium is welcome and will provide an additional facility for the community within this part of Whitehaven and is welcome. This is consistent with national guidance and the policies set out in the Local Plan. Although the site is modest in scale it has sufficient space to accommodate a number of off road parking spaces which will help to reduce parking on the highway.
Recommendation: Approve Conditions 1. The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.
Reason
To comply with Section 91 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.
2. Permission shall relate to the following plans and documents as received on the respective dates and development shall be carried out in accordance with them:-
- Site Location Plan, scale 1:1250, drawing number TBSMR-JW-001, received on 8th August 2017 - Block Plan, received on 8th August 2017 Reason To conform with the requirement of Section 91 of the Town and Country Planning Act 1990, as amended by the Planning and Compulsory Purchase Act 2004.
3. Prior to the first use of the building as a gymnasium provision shall be made within the site for the parking of vehicles in accordance with the details illustrated on the Block Plan, received on 8th August 2017. Reason For the avoidance of doubt and in the interests of highway safety.
Informative The proposed development lies within a coal mining area which may contain unrecorded coal mining related hazards. If any coal mining feature is encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848.
Further information is also available on the Coal Authority website at: www.gov.uk/government/organisations/the-coal-authority Statement The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received, and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development as set out in the National Planning Policy Framework. Application Number: 4/17/9007/0F2 Application Type: Full – C.C.C. Applicant: West Cumbria Mining Ltd Application Address: POW BECK VALLEY AND AREA FROM MARCHON SITE TO ST BEES COAST Proposal: DEVELOPMENT OF AN EXISTING SURFACE MINE ENTRANCE FOR A NEW UNDERGROUND METALLURGICAL COAL MINE AND ASSOCIATED SURFACE DEVELOPMENT INCLUDING COAL STORAGE AND PROCESSING BUILDINGS, ACCESS ROAD, SECURITY FENCING, LIGHTING, OUTFALL TO SEA, SURFACE WATER MANAGEMENT SYSTEM, INTERCONNECTING UNDERGROUND COAL CONVEYOR TO A NEW LOADING AND RAILWAY SIDING TO THE CUMBRIA COASTAL RAILWAY LINE, WITH ADJOINING OFFICE/WELFARE FACILITIES, EXTENSION OF RAILWAY UNDER PASS, SECUROTY FENCING, LIGHTING, LANDSCAPING, CONSTRUCTION OF A TEMPORARY DEVELOPMENT COMPOUND AND ASSOCIATED PERMANENT SERVICE ACCESS OFF MIREHOUSE ROAD, POW BECK VALLEY SOUTH OF WHITEHVEN Parish: Whitehaven, St Bees Recommendation Summary: No Objections Introduction This application relates to a large area of land within the Whitehaven and St Bees Parishes. The proposed development relates to reuse of a former mine entrance for a new underground metallurgical coal mine and associated surface development on land at Pow Beck Valley, an area utilising a significant proportion of the former Marchon site, extending across to the St Bees coast. The proposal seeks to utilise 23 hectares of the former Marchon site. The land owner has undertaken extensive pre-application engagement with the Council, with a view to developing a masterplan for the wider site to potentially accommodate residential development on the remaining 27 hectares of land.
The mine proposal has the potential for a capital investment of more than £165 million and is likely to create in excess of 500 direct and 1000 indirect jobs when in operation.
This mining application is to be determined by Cumbria County Council as the Mineral Authority, with Copeland Borough Council a statutory consultee on the scheme.
Proposal Development Overview The proposed development subject to this application comprises the following elements: Development of an existing surface mine entrance for a new underground mine through the reopening and strengthening of an existing entrance tunnel; Surface works including: - Coal storage and processing buildings; - Underground coal conveyor linked to the Cumbria Coast Railway - Welfare buildings - Access road; - Security fencing; - Lighting - Outfall to the sea; - Surface water management system; - Landscaping scheme. Works adjacent to the Cumbria Coast Railway line including: - A new coal landing and railway siding; - An adjoining office/welfare facilities building; - An extension to the railway underpass; - Associated security fencing and lighting; - Landscaping; - A temporary construction compound; - A permanent service access off Mirehouse Road.
Site Context The site area extends from the former Marchon Mining and Chemical Works on St Bees Road to the St Bees Coast. The proposed main mine site is located on part of the former Marchon site which is located on the south western edge of Whitehaven. This area would contain the largest of the above ground structures associated with the proposal. The Rail Loading Facility (RLF) and its associated infrastructure would, in relative terms, be of a more limited scale. The mine, drifts and the sub-surface conveyor to the Rail Loading Facility would all be located underground.
The scale of the development is outline below.
The Main Mine Site extends over 23 hectares primarily focussed around the former Marchon Site.
The former underground anhydrite mine partially provides access to target coal resources and extends over 112 hectares (underground).
The underground mining area extends some 302 hectares with the majority of this area out to sea.
The underground conveyor which is proposed to transport the coal to the Rail Loading Facility (RLF) is proposed to be 2.3km long and covers 9.2 hectares in extent.
The RLF includes new sidings and a coal loading building extending over 7.5 hectares.
The marine aspect of this proposal is managed under marine legislation and is not subject to this planning application. The Marine Management Organisation will consider this element of the scheme under a marine consent.
Mine Site
The development is proposed on a 23 hectare area of the former Marchon site which is bound to the east by High Pit Road and to the west by the Solway Firth. Sandwith village is directly to the south of the site, with Kells to the north and the main centre of Whitehaven beyond this. Beyond High Pit Road to the east, lies Edgehill Park, a major housing development which is currently under construction and Woodhouse, an established residential estate.
The main body of the site is reasonably flat, having been previously developed, with the area to the west rising steeply to form the coastal cliffs. To the south, directly adjacent to High Pit Road, the levels rise gently falling away from the road toward Sandwith. To the north the land gently slopes downwards towards Kells. Levels remain reasonably flat to the east, before falling away beyond Edgehill Park.
The land use of the surrounding area is mixed; to the north and east it is predominantly urban, dominated by residential development. To the south and west the land use is largely rural/coastal with open agricultural fields broken by the Cumbria Coastal railway line.
The nearest properties to the site are at Woodhouse which lie approximately 75 metres from the site boundary, and 230 metres from the nearest building.
During construction, hours of operation are proposed to be 0700-1800 Monday to Friday, 0800-1300 Saturday, with no construction works Saturday after 1pm, Sundays or Bank Holidays. Once operational the Coal Processing Facility will operate continuously, 24 hours per day, 365 days per year on a shift pattern.
Rail Loading Facility (RLF) site
The RLF site lies approximate 2.5 Km to the south east of the main mine site within the Pow Beck Valley, adjacent to Linethwaite.
The RLF building is proposed to be located to the west of a section of the Cumbrian Coast Line which runs north/south along the valley floor of the Pow Beck valley towards St Bees. A new sidings area is to be created which will link to the main rail line, with an access road also proposed from Mirehouse Road. The loading facility sidings would be located principally on agricultural land which is bisected by the railway line, as well as the former Mainband Colliery brownfied site. The proposed development area lies on the flat valley bottom, with the land rising, steeply in places, from the valley bottom. Other than the railway, the land is primarily in agricultural use. The proposed route of the conveyor is through largely agricultural areas. The route avoids areas of Priority Habitat Deciduous Woodland areas at Roskapark Wood and Benhow Wood, running through the ancient replanted woodland at Bellhouse Gill. Excavated materials from the conveyor site are to be stored at the main mine site. A high pressure gas pipeline runs adjacent to the proposed conveyor site. Appropriate off-set from this pipe will be required to be taken account of as part of the design of the conveyor route.
During construction, hours of operation are proposed to be 0700-1800 Monday to Friday, 0800-1300 Saturday, with no construction works on either Sundays or Bank Holidays. Once operational the Rail Loading Facility would operate 0600-2200 Monday – Saturday. Constraints and Designations
Within the vicinity of the application site there are a number of statutory and non-statutory designations and footpaths.
To the north west of the main mine site is an area of open access land which runs along the coast and permits the public to enter the land on foot.
The England Coast Path runs broadly north/south along the coast to the west of the site. The England Coast Path is a new National Trail which, when completed in 2020, will provide the right of access around England’s entire coast. The footpath is currently only partially available for public use in this location, as work to establish the route up to St Bees Head continues.
To the south of the site, running broadly east/west, is the Coast to Coast walk. This is a long distance walk which starts at St Bees and finishes in Robin Hoods bay in North Yorkshire. A footpath to the west of the site, which is contiguous with the site boundary at a point just north of Sandwith connects the two long distance footpaths.
To the south west is St Bees Heritage Coast. Heritage coasts are ‘defined’ rather than designated, therefore there is no statutory designation process. They were established to conserve the best stretches of undeveloped coast in the county. St Bees Heritage Coast includes some inland areas and extends out into the sea to take in all of St Bees Head. St Bees Head is a Site of Special Scientific Interest (SSSI). The designation follows the coast and includes a thin strip from the south of Whitehaven centre, southwards around St Bees Head and ends just south of St Bees village. The SSSI lies 300 metres from the boundary of the development site.
The wider site falls primarily within National Character Area (‘NCA’) 7: West Cumbrian Coastal Plain, with the easterly edge falling within NCA 8 Cumbrian High Fells. The landscape character of the area is described within Cumbria Landscape Character Guidance and Toolkit (CCC, 2011) (the ‘CLCGT’).
Detailed site specific assessment confirms that the main mine site is located in Landscape Character Type (’LCT’) 5d - Urban Fringe. The RLF is located within LCT 4 Coastal Sandstone.
The Pow Beck site is located within a Landscape of County Importance (‘LOCI’) as defined by the Copeland Local Plan and set out in Policy DM26 - Landscaping.
The Lake District National Park (‘LDNP’) boundary is located approximately 7km to the east of the application site.
To the south east, at approximately 4.5km from the main mine site, is Clints Quarry SSSI which is designated for the calcareous grassland which have developed in the 50 years since the quarry ceased operating. To the North east of Clints Quarry is the River Ehen SSSI and Special Area of Conservation, designated for habitat supporting the largest freshwater pearl mussel population in England.
Approximately 600m north-east of the site is the Woodhouse Quarry County Wildlife Site (and former landfill site) which hosts woodland, cliffs, grassland and heathland habitats. A further County Wildlife Site – Roska Park and Belhouse Gill Wood lies approximately 700m south-east of the site at its closest point.
There are a number of heritage assets in the vicinity of the site. The closest of these is the Barrowmouth gypsum and alabaster mine at Saltom Bay which is a scheduled monument located to the northwest of the site, within the Open Access land designation. A further scheduled monument, Saltom Coal Pit, is located to the north of the site, south of Whitehaven, close to the coast.
There are numerous listed buildings in the wider area around the site, mainly concentrated in St Bees and Whitehaven.
Parts of the coast around this area of West Cumbria have been designated as a Marine Conservation Zone. The extent of this is from Saltom Bay to the west of Whitehaven to the mouth of the Ravenglass Estuary.
The site is located within Flood Zone 1.
The product
The mine is proposed to produce two washed coal products - High Volatile Hard Coking Coal (metallurgical coal) and a by-product (middlings) coal:
Metallurgical coal is used to make coke, which is consumed in blast furnaces as part of the iron and steel making process; Middlings coal is used for power generation and in the building industry.
At peak production the anticipated annual production rates of the mine would be: 2,430,000 tonnes of metallurgical (coking) coal, 350,000 tonnes of middlings coal and 150,000 tonnes of rock overburden and residue from the processing plant.
It is estimated that there are coal resources to enable the mine to operate for approximately 50 years. This application considers a 15 year lifespan for the first phase of development. Subsequent exploration operations, through offshore bore holing, are able to be undertaken once the mine is operational and will inform the next phase of mine design.
Development Timescale An initial timescale of development is outlined as follows: Year Operation 1-2 Re-entry into the existing drift mine and rehabilitation and de-watering. Set up of processing plant and ancillary rail works 2-3 On-shore coal mining 3-5 Excavation of access zones to reach the off-shore resource. 5-15 Off-shore coal mining
Development proposal A description of each of the development areas is outlined below:-
Mine re-entry, Rehabilitation and de-watering The existing anhydrite mine ceased operations in the mid-1970’s. The drift tunnels from the mine are proposed to be used to access the coal deposits below ground. Due to the age of the drifts, they require strengthening works to make them safe. Natural ingress of water in to the mine has taken place over time. It is estimated around 3.1 million cubic metres of water will be required to be pumped out of the tunnels. This will be treated at a temporary on-site water treatment plant to adjust the chemical composition of the water before it is discharged to sea.
Construction of plant equipment at the Marchon Site During construction phase the existing gatehouse building would be used for security check- in. Following this, construction would take place as outlined below:
Preliminary works (A)
• Concrete batching plant (20 metres x 20 metres) • A concrete bund for diesel generators and diesel storage tank (15 metres x 10 metres); • Temporary water treatment plant (50 metres x 20 metres); • Shipping container for storage; and • Accommodation block.
Phase 2 (B)
• Site Earthworks (between 99-103 metres in height AOD); • Installation of Services; • Foundations; • Underground conveyor construction; and • Site Road works. Site levelling would take place during this stage, with landscaping bunds created to the south west of and the north and east of the main mine site building to provide screening of the operations from outside of the site. Part of the site close to High Road would be allocated as a laydown area for plant, machinery and excavated material. Two other areas of the site are also identified as laydown areas for use in connection with the construction of the underground conveyor from the main mine site to the (RLF) Rail Loading Facility.
An underground conveyor is proposed to be installed to transport material from the main mine site to the new RLF in the Pow Beck Valley. The conveyor has been designed to be as straight as possible to optimise performance. The conveyor would start at the northern end of the clean coal storage area and follow a direct line to the RLF (sited alongside the existing Cumbrian Coast rail line). The conveyor would be installed using a ‘cut and cover’ technique which involves the excavation of a trench with the excavated materials then used to cover the culvert.
The conveyor line crosses two public roads – High Road just south of its junction with Wilson Pit Road and St Bees Road. Traffic management would be implemented to maintain traffic during the road crossings.
The conveyor line also crosses Bellhouse Gill within the replanted ancient woodland. The watercourse would be over pumped during the construction of the conveyor and then returned to its former line on completion of the installation of the relevant section of the conveyor box culvert.
Phase 3 (C)
The final phase of construction comprises:
• Building construction and cladding (34 metres maximum height) • Mechanical and electrical systems installation; • Completion of site access roads; • Planting and landscaping and • Fencing.
Setting up of ancillary rail works The RLF is proposed to be located on the western side of the Cumbrian Coast rail line in the Pow Beck Valley. It would provide the infrastructure required to load the product into freight trains for delivery to market.
The facility would comprise:
• New rail sidings (1500 metres long, 40 metres wide); • A building housing the equipment to load coal into train wagons. This building has been designed with a pitched roof and is to be clad in a combination of stone and timber boarding to replicate the appearance of an agricultural building. It will be a maximum of 15 metres in height and 75 metres in length; and • Small office and welfare facilities for workers (7.4 metres in height).
The new rail connection would allow the freight train to route from the Cumbrian Coast Rail line into rail sidings. The rail sidings comprise a single mainline rail connection (a set of points) at the northern end of the sidings, with a single track utilised as an arrival and departure line for the rail sidings. The facility has been designed to enable 6 trains per day to arrive and depart from the site.
On-shore and off-shore mining The first phase of working would be mostly onshore, broadly parallel with the coast line. This first phase of working would also include the development of the main access to the offshore areas. Following completion of on-site mining, offshore working would commence. There is a proposed separation between the onshore and offshore area of mining to avoid the area of Marine Conservation.
Mining would commence from the Sandwith Pit Bottom area and would take place in two directions, to the south east to access the onshore component of phase 2 and then to the west to access the offshore mining area.
Planning Policy
National Planning Policy
The National Planning Policy Framework (NPPF) sets out the planning guidelines at a national level and outlines that the purpose of the planning system is to contribute to the achievement of sustainable development. It stresses that in assessing and determining development proposals, Local Planning Authorities should apply the presumption in favour of sustainable development.
Paragraph 7 of the NPPF establishes the three dimensions to sustainable development, these can be summarised as follows:
Planning for prosperity (an economic role) - contributing to building a strong, responsive and competitive economy, by ensuring that sufficient land of the right type is available in the right places and at the right time to support growth and innovation; and by identifying and coordinating development requirements, including the provision of infrastructure; Planning for people (a social role) - supporting strong, vibrant and healthy communities, by providing the supply of housing required to meet the needs of present and future generations; and by creating a high quality built environment, with accessible local services that reflect the community’s needs and support its health, social and cultural well-being; and Planning for places (an environmental role) - contributing to protecting and enhancing the natural, built and historic environment; and, as part of this, helping to improve biodiversity, use natural resources prudently, minimise waste and pollution, and mitigate and adapt to climate change including moving to a low carbon economy.
Paragraph 8 stresses that these roles should not be undertaken in isolation, because they are mutually dependent.
Presumption in Favour of Sustainable Development
The overarching aim of the NPPF is to proactively deliver sustainable development to support the Government's economic growth objectives and deliver the country’s development needs.
Building a Strong, Competitive Economy
The NPPF seeks to encourage and not impede sustainable growth. Significant weight is placed on the need to support economic growth through the planning system by requiring local authorities to deliver infrastructure that the country needs (paragraph 17). Positive effects are attached 'significant' weight in decision-making. Paragraph 19 states that "Planning should operate to encourage and not act as an impediment to sustainable growth. Therefore significant weight should be placed on the need to support economic growth through the planning system".
Promoting Sustainable Transport
The NPPF states transport has an important role to play in facilitating sustainable development and contributing to wider sustainability and health objectives. Local authorities should support a sustainable pattern of development which facilitates the use of sustainable modes of transport (paragraphs 29 & 30). NPPF section 32 states that development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe.
NPPF states that all development which will generate significant amounts of movement should consider opportunities for promoting sustainable transport modes and depending on the nature and location of the site.
Paragraph 32 of the NPPF states that all developments that are likely to generate significant amounts of movement should be supported by a Transport Statement (TS) or Transport Assessment (TA).
Requiring Good Design
Paragraph 56 of the NPPF states that great importance should be attached to the design of the built environment and that good design is a key aspect of sustainable development. Meeting the Challenge of Climate Change, Flooding and Coastal Change
Paragraph 93 of the NPFF sets out that Local Planning Authorities should adopt proactive strategies to mitigate and adapt to climate change, taking full account of flood risk, coastal change and water supply and demand considerations.
Paragraph 94 of the Framework sets out that full account should be taken of flood risk, coastal change and water supply and demand considerations. Paragraph 103 sets out that when determining planning applications, local planning authorities should ensure flood risk is not increased elsewhere.
New development should be planned to “avoid increased vulnerability to the range of impacts arising from climate change. When new development is brought forward in areas which are vulnerable, care should be taken to ensure that risks can be managed through suitable adaptation measures, including through the planning of green infrastructure” (paragraph 99).
Conserving and Enhancing the Natural Environment
Paragraph 109 of the Framework states that the planning system should contribute to and enhance the natural and local environment by:
- Protecting and enhancing valued landscapes, geological conservation interest and soils; - Recognising the wider benefits of ecosystem services; - Minimising impacts on biodiversity and providing net gains in biodiversity where possible, contributing to the Government’s commitment to halt the overall decline in biodiversity - Preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of soil, air, water or noise pollution or land instability; and - Remediating and mitigating despoiled, degraded, derelict, contaminated and unstable land, where appropriate.
Paragraph 111 states that planning policies and decisions should encourage the effective use of land by re-using land that has been previously developed (brownfield land), provided that it is not of high environmental value.
Where significant development of agricultural land is demonstrated to be necessary, local planning authorities should seek to use areas of poorer quality land in preference to that of a higher quality. (paragraph 112)
Paragraph 114 states that local planning authorities should:
● set out a strategic approach in their Local Plans, planning positively for the creation, protection, enhancement and management of networks of biodiversity and green infrastructure; and ● maintain the character of the undeveloped coast, protecting and enhancing its distinctive landscapes, particularly in areas defined as Heritage Coast, and improve public access to and enjoyment of the coast.
Paragraph 118 outlines that when determining planning applications, local planning authorities should aim to conserve and enhance biodiversity by applying a number of principles, including refusing planning permission if significant harm resulting from a development cannot be avoided (through locating on an alternative site with less harmful impacts), adequately mitigated, or, as a last resort, compensated for. Proposed development on land within or outside a Site of Special Scientific Interest likely to have an adverse effect on a Site of Special Scientific Interest (either individually or in combination with other developments) should not normally be permitted. Where an adverse effect on the site’s notified special interest features is likely, an exception should only be made where the benefits of the development, at this site, clearly outweigh both the impacts that it is likely to have on the features of the site that make it of special scientific interest and any broader impacts on the national network of Sites of Special Scientific Interest. Development proposals where the primary objective is to conserve or enhance biodiversity should be permitted. Opportunities to incorporate biodiversity in and around developments should be encouraged. Planning permission should be refused for development resulting in the loss or deterioration of irreplaceable habitats, including ancient woodland and the loss of aged or veteran trees found outside ancient woodland, unless the need for, and benefits of, the development in that location clearly outweigh the loss.
Paragraph 120 states that to prevent unacceptable risks from pollution and land instability, planning policies and decisions should ensure that new development is appropriate for its location. The effects (including cumulative effects) of pollution on health, the natural environment or general amenity, and the potential sensitivity of the area or proposed development to adverse effects from pollution, should be taken into account. Where a site is affected by contamination or land stability issues, responsibility for securing a safe development rests with the developer and/or landowner.
Paragraph 121 outlines that planning policies and decisions should also ensure that:
● the site is suitable for its new use taking account of ground conditions and land instability, including from natural hazards or former activities such as mining, pollution arising from previous uses and any proposals for mitigation including land remediation or impacts on the natural environment arising from that remediation;
● after remediation, as a minimum, land should not be capable of being determined as contaminated land; and
● adequate site investigation information, prepared by a competent person, is presented.
In doing so, local planning authorities should focus on whether the development itself is an acceptable use of the land, and the impact of the use, rather than the control of processes or emissions themselves where these are subject to approval under pollution control regimes. Local planning authorities should assume that these regimes will operate effectively. Equally, where a planning decision has been made on a particular development, the planning issues should not be revisited through the permitting regimes operated by pollution control authorities (Paragraph 122)
Planning policies and decisions should aim to avoid noise from giving rise to significant adverse impacts on health and quality of life as a result of new development and should mitigate and reduce to a minimum other adverse impacts on health and quality of life arising from noise from new development. including through the use of conditions;
Facilitating the sustainable use of minerals
Paragraph 142 outlines the importance of minerals in supporting sustainable economic growth and quality of life outlining the importance of a sufficient supply of material to provide the infrastructure, buildings, energy and goods that the country needs.
Paragraph 143 requires local authorities, through their local plans, to identify and include policies for extraction of mineral resource of local and national importance in their area whilst also taking account of the contribution that substitute or secondary and recycled materials and minerals waste would make to the supply of materials, before considering extraction of primary materials, whilst aiming to source minerals supplies indigenously.
Paragraph 143 also requires safeguarding of existing, planned and potential rail heads, rail links to quarries, wharfage and associated storage, handling and processing facilities for the bulk transport by rail, sea or inland waterways of minerals, including recycled, secondary and marine-dredged materials; and – existing, planned and potential sites for concrete batching, the manufacture of coated materials, other concrete products and the handling, processing and distribution of substitute, recycled and secondary aggregate material.
It also requires local authorities to set out environmental criteria, in line with the policies in the NPPF, against which planning applications will be assessed so as to ensure that permitted operations do not have unacceptable adverse impacts on the natural and historic environment or human health.
Policies are required to ensure worked land is reclaimed at the earliest opportunity and that high quality restoration and aftercare of mineral sites takes place.
Paragraph 144 requires local authorities when determining planning applications, to give great weight to the benefits of the mineral extraction, including to the economy. It also requires that in granting planning permission for mineral development, that there are no unacceptable adverse impacts on the natural and historic environment, human health or aviation safety, and take into account the cumulative effect of multiple impacts from individual sites and/or from a number of sites in a locality. Provision is also required for restoration and aftercare at the earliest opportunity to be carried out to high environmental standards.
Paragraph 147 outlines that minerals planning authorities should indicate any areas where coal extraction and the disposal of colliery spoil may be acceptable, and provide for coal producers to extract separately, and if necessary stockpile, fireclay so that it remains available for use.
Paragraph 148 requires that when determining planning applications, minerals planning authorities should ensure that the integrity and safety of underground storage facilities are appropriate, taking into account the maintenance of gas pressure, prevention of leakage of gas and the avoidance of pollution.
Paragraph 149 outlines that permission should not be given for the extraction of coal unless the proposal is environmentally acceptable, or can be made so by planning conditions or obligations; or if not, it provides national, local or community benefits which clearly outweigh the likely impacts to justify the grant of planning permission.
Consistency with the NPPF
Annex A of the NPPF, specifically paragraph 215, states that due weight should be given to relevant policies in existing plans according to their degree of consistency with the NPPF. The closer the policies in the plan align with the NPPF, the greater the weight that may be given to them.
The NPPF is a significant material consideration in the determination of planning applications. Annex A of the NPPF, specifically paragraph 215, states that due weight should be given to relevant policies in existing plans according to their degree of consistency with the NPPF. The closer the policies in the plan align with the NPPF, the greater the weight that may be given to them.
Planning Practice Guidance
Planning Practice Guidance (PPG) was established in March 2014 and is regularly updated and provides support for new jobs and homes, as well as outlining protection for the natural and historic environment.
PPG on climate change makes it clear that Local Planning Authorities (LPAs) need to take account of global climate change and should be using the plan making process to shape a spatial strategy and policy context that will help to address the challenges and issues that their area faces.
PPG on flood risk sets out detailed requirements for the assessment of flood risk, residual risk, management, mitigation, and resilience. The guidance also confirms that it is for LPAs to determine if the exception test has been passed.
PPG on design promotes good design which is attractive, functional, produces successful public spaces and encourages ease of movement. Particular consideration should be afforded to local context, quality of the public realm, quality of streets and designing out crime. PPG on transport highlights the importance of Travel Plans, Transport Assessments and Statements in Decision Taking. Travel Plans should be used to promote sustainable forms of transport. However, they should not be used to penalise motorists through reduced parking spaces which is likely to lead to an increase in on-street parking. Enforcing maximum parking standards may lead to poor quality development and congested streets.
Parking provision should be appropriate to the needs of the development and not reduced to a level which may be considered unreasonable, which may undermine the vitality of an area though a lack of sufficient parking provision.
PPG on minerals outlines the importance of ensuring adequate supply of minerals whilst also providing guidance on the likely environmental considerations in assessing such applications.
Cumbria Local Plan (The Cumbria Minerals and Waste Development Framework)
As the authority responsibly for minerals applications, Cumbria County Council development plan policies are of relevance to this application.
Core Strategy Policy 1 requires energy management, environmental performance, and carbon reduction to be determining design factors, whilst also making best use of waste produced through recycling and reusing of waste materials.
Core Strategy Policy 2 requires proposals for new minerals developments to demonstrate economic benefit through job creation. It will also be important to ensure that minerals and waste developments would not prejudice other regeneration and development initiatives.
Core Strategy Policy 4 outlines that proposals should aim to protect, maintain and enhance overall quality of life and the natural, historic and other distinctive features that contribute to the environment of Cumbria and to the character of its landscapes and places. They should also demonstrate that they would enhance the environmental assets and would result in less or no harm or effects can be adequately mitigated, or realistically compensated for through offsetting actions.
Core Strategy Policy 5 requires after use and restoration schemes for mineral working and waste management sites to demonstrate that best practicable measures have been taken to secure full advantage of their potential to help deliver sustainability objectives relating to the environment and the economy of the county.
Core Strategy Policy 6 considers that where it is not possible to achieve the necessary control through the use of planning conditions, the County Council will seek to negotiate planning obligations that ensure that development proposals meet the reasonable costs of new infrastructure and secure long term management of environmental assets whilst also promoting sustainable communities. Development Control Policy 1 outlines that proposals for minerals and waste developments should be located where they are well related to the strategic route network as defined in the Local Transport Plan, and/or have potential for rail or sea transport and sustainable travel to work.
Development Control Policy 2 outlines that proposals must, where appropriate, demonstrate that noise levels and air over-pressure levels would be within acceptable limits.
Development Control Policy outlines that cumulative impacts of minerals and waste development proposals will be assessed in the light of other land-uses in the area, impacts on local communities, habitats and species, landscape character, cultural heritage etc.
Development Control Policy 10 requires proposals for minerals and waste developments that would have impacts on locally important biodiversity and geological conservation assets to seek to enhance, restore or add to these resources.
Development Control Policy 11 outlines that proposals for waste management developments that would adversely affect a historic asset, whether scheduled or not, or its setting, will not be permitted unless the site and setting can be preserved in situ.
Development Control Policy 12 requires proposals for development to be compatible with the distinctive characteristics and features of Cumbria's landscapes, avoiding significant adverse impacts on the natural and historic landscape.
Development Control Policy 13: outlines that minerals developments should be located, wherever possible, in areas with the lowest probability of flooding (Zone 1). Exceptions to the policy will only be permitted if it is demonstrated that the wider sustainability benefits of the development outweigh the flood risk and contribute to sustainability development, or development is on developable brownfield land or there are no reasonable alternative sites on developable brownfield land; and the flood risk assessment demonstrates the development will be safe, without increasing flood risk elsewhere and, where possible, will reduce flood risk overall.
Development Control Policy 14 outlines that planning permission will only be granted for developments that would have no unacceptable quantitative or qualitative adverse effects on the water environment, including surface waters and groundwater resources.
Development Control Policy 15 outlines that proposals for minerals development will be required to demonstrate that soil resources are protected and maintained in viable condition to be used in restoration of the site.
Development Control Policy 16 outlines that proposals for minerals extraction should be accompanied by detailed proposals for restoration including proposals for appropriate after use, financial provision and long term management where necessary. Development Control Policy 17 outlines that the use of planning obligations or legal agreements in order to achieve the necessary control of a development in terms of landscaping, road improvements and site monitoring. The long term restoration and after use of sites could also be considered using planning obligations.
Cumbria Minerals and Waste Local Plan
Cumbria County Council are currently preparing a new plan which will be the replacement for the adopted Minerals and Waste Development Framework documents. As this plan is not yet adopted it carried limited weight in the decision making process.
Policy SP13 Economic benefit Proposals for new and time/physically extended minerals and waste developments should demonstrate how they would realise their potential to provide economic benefit. This may include such matters as the number of jobs directly or indirectly created or safeguarded and the support that proposals give to other industries and developments. Relevant adverse economic impacts on other industries, or on regeneration and development initiatives, will be weighed against the overall economic benefits of the proposal.
Copeland Local Plan
The Local Development Framework Core Strategy and Development Management Policies DPD (known as the Copeland Local Plan 2013-2028) was adopted by the Council in December 2013. It now replaces the majority of the policies within the former Copeland Local Plan 2001-2016.
The adopted Plan is consistent with the NPPF and paragraph 11 of the NPPF makes it clear that all applications must be determined in accordance with the Development Plan unless material considerations dictate otherwise.
Policy ST1 of the Core strategy sets out the fundamental principles that will achieve sustainable development. It seeks to support development which contributes to job creation.
Policy ST2 sets a spatial development strategy within the Borough, providing for and facilitating growth in the local economy and jobs.
Policy ST3 outlines strategic objectives to aid the economic regeneration of the development priority areas including the Pow Beck Valley.
Policy ST4 seeks to ensure that development proposals are located where infrastructure is already in place and has capacity to meet additional demand. Developers should provide and contribute to the provision of relevant infrastructure to meet additional demand. Policy ER11 seeks to enhance inward investment and promote the diversification of the Borough’s economy, working with partners to support new and expanding employment sectors.
Policy ENV1 sets out an approach to ensure that new development does not contribute to increased surface water run-off, resulting in an increased flood risk to the Borough.
Policy ENV2 seeks to protect the intrinsic qualities of the St Bees Head Heritage Coast in terms of development proposals within or affecting views from the designation.
Policy ENV3 seeks to ensure that new development will protect and enhance biodiversity and geodiversity, while also restricting access and usage where appropriate in order to conserve an areas biodiversity value.
Policy ENV5 protects the Borough’s landscape from inappropriate change by ensuring that development does not threaten or detract from the distinctive characteristics of a particular area.
Development Management Policies
The Development Management policies are set out to provide further detail on how the Core Strategy will be implemented. The following policies are relevant to this development:-
Policy DM10 requires a high quality of design and the fostering of ‘quality places’ through appropriate orientation, scale and massing of buildings within the immediate and wider setting.
Policy DM 11 requires surface water to be appropriately managed through Sustainable Drainage Systems.
Policy DM22 requires developments to be accessible to all, adhering to outlined accessibility principles
Policy DM24 seeks to ensure that new development does not create an unacceptable risk of flooding elsewhere and requires appropriate mitigation measures to be provided where necessary.
Policy DM25 provides guidance for development proposals that would cause a direct or indirect adverse effect on sites of biodiversity and geodiversity importance.
Policy DM 26 seeks to ensure that new development proposals do not have an adverse impact on the landscape of the Borough.
Copeland Growth Strategy 2016-2016
The Growth Strategy encourages new employment opportunities and innovation, especially where they help to diversify the local economy. Assessment
In making an assessment of the scheme it is considered that the main issues relevant to the determination of this application are as follows:
Principle of Development; Setting, Landscape and Visual Amenity; Cultural Heritage Highway Safety; Noise and Air Quality Biodiversity; Flood risk and Drainage; Contamination and Land Stability; and Site restoration and aftercare.
Principle of Development
The overarching aim of the National Planning Policy Framework (NPPF) is to proactively deliver sustainable development to support the Government's economic growth objectives and deliver the country’s development needs. Planning should operate to encourage and not act as an impediment to sustainable growth. Significant weight should be placed on the need to support economic growth through the planning system.
With regard to coal extraction, the NPPF states that permission should not be given for the extraction of coal unless the proposal is environmentally acceptable, or can be made so through conditions or obligations, or if not, it provides national, local or community benefits which clearly outweigh the likely impacts to justify the grant of planning permission.
The Cumbria Minerals and Waste Development Framework core strategy policies 1, 2 and 4 reflect the objectives of the NPPF in securing sustainable minerals development.
The Copeland Local Plan strategic policies ST1 and ST2 reflect the NPPF in setting out the fundamental principles that will achieve sustainable development, while providing for and facilitating growth in the local economy and jobs. Policy ST4 seeks to ensure that development proposals are located where infrastructure is already in place and has capacity to meet additional demand. Developers should provide and contribute to the provision of relevant infrastructure to meet additional demand. The proposed scheme seeks to predominantly develop a brownfield site which has a long history of uses for industry and mining. The Marchon site ceased operating in 2005 and while the buildings on the site have been demolished a scar exists on the landscape, where the concrete footprint of the former development area remains. The proposal seeks to redevelop this area, reinstate the existing mine entrance and develop much of the site as a coal processing facility. As part of this proposal, the developer is seeking to landscape the site to screen it from the wider area. A smaller area of land is required to facilitate transfer of the product by rail utilising the existing Cumbrian Rail Line. This site has no formal allocation within the local plan and lies within open countryside.
Market and Demand The mine is proposed to produce two washed coal products - High Volatile Hard Coking Coal (HV HCC) (metallurgical coal) and a by-product Industrial Coal. It is anticipated that these would be produced at the levels of 2.45 million tonnes of HV HCC and 350,000 tonnes Industrial Coal. Metallurgical coal is used to make coke, most production of which is consumed in blast furnaces as part of the iron and steel making process. Industrial coal is used for its energy content and is utilised predominantly in cement manufacture. It is estimated that the total market in Europe (including Turkey) for HV HCC is at 9 Mtpa in 2015, increasing to 11 Mtpa by 2025. Nearly all of the current supply is sourced from the eastern United States, with a small proportion supplied from Russia on an irregular basis.
In respect of Industrial Coal, in 2016 the northern European market, including Scandinavia, imported 75 Mt of which nearly 40 Mt was used in Germany. Much of this is imported through the ports of Amsterdam, Rotterdam and Antwerp (known as ARA), but also other North Sea ports from Le Havre to Hamburg. Of the 75 Mtpa above, WCM’s Industrial Coal will represent <0.5% of the annual business and will be priced to ensure its continuous purchase as a non-core by-product.
In light of the current demand for both products, it has been assumed that the mine would operate at the anticipated production levels for the proposed life of the site.
Socio-Economic Impact
The NPPF identifies three dimensions to sustainable development, in additional to environment highlighting both economic and social roles in contributing to strong communities.
Copeland Local Plan Policy ST1 supports diversity in jobs through development which creates and attracts businesses.
The Cumbria Minerals and Waste Development Framework Core Strategy Policy 2 requires proposals for new minerals developments to demonstrate economic benefit through job creation. It also stresses the importance of ensuring that minerals and waste developments would not prejudice other regeneration and development initiatives.
The emerging Cumbria Minerals and Waste Local Plan Policy SP13 Economic benefit; outlines that proposals for new and time/physically extended minerals and waste developments should demonstrate how they would realise their potential to provide economic benefit. This may include such matters as the number of jobs directly or indirectly created or safeguarded and the support that proposals give to other industries and developments. Relevant adverse economic impacts on other industries, or on regeneration and development initiatives, will be weighed against the overall economic benefits of the proposal.
Both during the construction of the mine, and throughout its period of operation, significant beneficial effects on the local economy are expected. The benefits result from the initial investment in local products and services during construction and from the ongoing wages expenditure and purchase of local products and services. Over 500 jobs would be created when the mine is operational with further employment anticipated to be up to 1,000 jobs created indirectly. Up to 50 apprenticeships are also proposed. The potential jobs created present a range of opportunities from apprentice and unskilled roles through to skilled, supervisory and management roles, with a corresponding range of salaries across the full spectrum of employment. The operation of the mine is expected to lead to an injection into the local economy of £22 million per annum from wages alone.
The developer has committed to sourcing 80% of its workforce from the local area. A pre- registration exercise was undertaken between July 2016 and March 2017, to understand the current local labour market. Of the roles outlined, there were over 1600 responses, with 93 % of those who expressed an interest in working at the site living within 20 miles of the site. Of this 93%, 22% of respondents lived within 2 miles of the site, with the remaining 71% living between 2 and 20 miles from the site. In order to ensure real benefit to the local community, this element of the application could be controlled through a S106 legal agreement, ensuring that planned local workforce figures are adhered to.
The social impacts of developments are those that result in impact on people from the changes brought about by a development. There is a correlation between economic prosperity and the social wellbeing of communities. In the socio-economic profiling of the borough, generally Copeland enjoys significantly higher rates of earning than all other comparator areas. These district wide figures however mask pockets of significant deprivation. Sandwith, just to the south of the Marchon site, is ranked third worst in the country, with a further four wards within the 10% most deprived of areas in England, namely Mirehouse, Harbour, Cleator Moor South and Frizington. The employment offer which could be available at the mine has potential to benefit a broad spectrum of candidates including those not currently in employment or within low wage, unskilled employment. Many of the proposed roles do not require direct experience and apprenticeship schemes could provide significant opportunities for those living in the area to earn and train for a nationally recognised qualification. The opportunities created by the mine through employment and training has the potential to go some way to reverse the nationally recognised indices of deprivation, such as low income, unemployment, lack of education and training, living environments and crime.
Resident population socio-economic opportunities considered, other economic opportunities have also been considered for the borough. The proposal is expected to have a negligible impact on the visitor economy, in part because of its remoteness from the Lake District National Park, and the emphasis on sourcing products and employees locally. The proposal is expected to have a negligible impact on the demand for social and community facilities. The developer is committed to sourcing products and service locally which would focus employment in the local area. A significant influx of construction workers is therefore considered unlikely and so demands on local services are deemed unlikely.
In making a determination of the scheme, in order to comply with local plan policies and in accordance with the NPPF, coal mining proposals are required to be environmentally acceptable or able to be made so by planning conditions or obligations. This report will assess each identified likely environmental impact against the relevant Development Plan policy and NPPF.
Setting, Landscape and Visual Amenity
The NPPF encourages design quality and sets the scene for building a strong and competitive economy. Good design is a key aspect of sustainable development, with great weight to be given to conserving landscape quality. Copeland Local Plan policies ST1, ENV3, ENV5 and DM25 require new development to respect existing landscapes and provide opportunities for conservation, restoration and enhancement of site of landscape importance. A Landscape and Visual Impact Assessment (LVIA) was undertaken for the scheme in order to assess the likely significant effects of the development during construction, operation and after restoration (the detail of which has not been provided). Mitigation and enhancement measures which were developed during the site planning and design process are also considered.
The LVIA study area has been defined as 10km from the main Marchon site (being the site of the largest and most prominent development) as agreed with Cumbria County Council. In addition, a detailed study area of 5km from the Marchon site has been used in order to focus the assessment on those landscape and visual receptors deemed most likely to experience significant effects as a result of the Proposed Development.
Visual receptors considered within the LVIA include:
• Residents in individual dwellings and settlements; • Road users; • Users of long distance recreational routes and core paths; and • Tourists and users of outdoor recreational areas.
It outlines that residents living within close proximity to the Marchon or Pow Beck site would be most likely to experience any significant effects, including individual dwellings and farm houses around each site and dwellings along:
• The western edge of Woodhouse (Marchon site); • The northern edge of Sandwith (Marchon site); • The southern edge of Mirehouse (Pow Beck site); • High House Road through the Pow Beck Valley (Pow Beck site); and • The western edge of Edgehill Park. Road users most likely to experience visual effects would include those using: • High Road; • Mirehouse Road; • High House Road; • B5345; and • A595.
Passengers on the Cumbrian Coast Line would experience visual effects as a result of the RLF, Sidings and associated infrastructure at the Pow Beck site.
Recreational routes within the study area include: • The Coast to Coast walk; • England Coast Path; • Local footpaths and public rights of way; • National Cycle Route (NCR) 72 Hadrian’s cycleway; and • NCR 71.
Detailed site specific assessment confirms that the main mine site is located within Landscape Character Type (’LCT’) 5d Urban Fringe. This landscape sub type is found around the edges of Carlisle, Workington and Whitehaven. The key characteristics of this LCT are:
• Long term urban influences on agricultural land; • Recreation, large scale buildings and industrial estates are common; • Mining and opencast coal workings are found around Keekle and Moor Row; and • Wooded valleys, restored woodland and some semi-urbanised woodland provide interest.
The CLCGT sets out a vision for LCT 5d which promotes enhancement through restoration, creating a stronger definition between town and country areas and the management and enhancement of woodland areas and traditional field boundaries.
The CLCGT also sets out guidelines for landscape change in the LCT which include opportunities to enhance and strengthen green infrastructure to provide a link between urban areas and the wider countryside. Reinforcing woodland belts, enhancing water and soil quality and the provision of green corridors from and between settlements could all help reinforce landscape and biodiversity features.
The RLF is proposed to be located within LCT 4 Coastal Sandstone. The key characteristics of this LCT are:
• Coastal sandstone cliffs; • Sandstone rolling hills and plateaus; • Large open fields; • Prominent hedge banks bound pastoral fields; • Small woodland blocks along valley sides; and • Exposed coastal edge moving to intimate and enclosed farmland inland. The CLCGT sets out a vision for LCT 4 which aims to manage, enhance and restore the landscape.’ The specifics of the objective refer to coast, cliffs and cliff tops rather than the Pow Beck valley.
The CLCGT also sets out guidelines for landscape change in the LCT which include a programme of mixed planting over a phased period strengthening definition between town and country by using extensive buffer planting to screen the built up areas and reduce the impact of industry.
Marchon site
The main mine site is proposed on part of the site of the former chemical works which has been in industrial use and development since the 1900’s and now appears overgrown with the site, in parts, regenerating scrub vegetation. The legacy of industrial developments on the site and in this area are still remembered by large numbers of the local population who experience this landscape today. This legacy is the common cultural association of the site.
The design objectives of the main mine site are to create a high-quality landscape setting for the development which integrates it with the surrounding townscape to the north, east and surrounding rural areas to the south and west. Screening mounds are included to provide visual screening and also frame key views into the site from certain locations.
It is considered that the development of the main mine site is likely to have beneficial effects upon the overall landscape fabric due to the extensive landscaping proposals proposed in restoring this highly industrial site. In terms of landscape character, large scale built development is an expected landscape change within the Urban Fringe LCT (5d) and is not in its own right considered to be an adverse change. The design of the buildings with curved, rather than angular roofs reflect the desire to minimise the industrial appearance of the site, seeking to soften the development within its surroundings. The shape and colour of the proposed buildings (black) is proposed to represent an ‘iconic’ feature on the landscape. The focus of the adopted CLCGT is to manage that change in a way that brings landscape enhancements and restoration possibilities rather than further decline. 18 acres of land surrounding the Marchon site have been earmarked for landscape enhancements, footpath improvements as part of the submitted proposal.
From the Lake District National Park the proposed development on the main mine site would be perceived as a very minor component of the view, barely discernible due to the distance of the site from the National Park. Consequently, there would be no adverse effect upon the Lake District National Park.
Considering residential amenity, the residents of High Road will be those closest to the Marchon site. In the short term, during the construction phase of the site, prior to screening mounds being formed, significant change across the site will be experienced, with plant equipment, vehicle movements and infrastructure development. As managed landscaping is introduced through screening mounds and landscape planting, these viewed will be softened and a more positive visual amenity will be experienced.
From High Road, adverse aspects of the change would arise due to the introduction of the large scale built form, and the consequential reduction in the long distance views towards Sandwith and St Bees Head which are currently possible. The introduction of built form into views across an urban fringe setting is not unexpected or out of character and in this area may have positive cultural associations of prosperity and employment. The built form would also have a contemporary and iconic nature to it.
Existing and proposed views, partly industrial and partly landscape, would remain broadly similar as the proposals comprise a mix of industrial and landscape elements into the view. This scale of change would be apparent until the planting establishes more fully (medium term) and begins to soften and screen the built form.
While introducing built form within the site, the removal of buildings closest to High Road, may offer an improved amenity to the occupiers of these dwellings.
At night, lighting would be visible both along High Road and within the site. The lighting when viewed from High Road would largely replicate the existing street lighting. Due to the existing lighting environment, the main mine site would be unlikely to appear obtrusive or result in any ‘light trespass’ (when light spill from a light enters a window and illuminates an area). This considered, a full lighting assessment is recommended to inform the final lighting design, ensuring that the scheme does not detrimentally impact upon the visual amenity of the streetscene.
Along WIison Pit Road, during the construction phase, oblique views of the site and direct views of the underground conveyor would be possible. Construction stage operations would be clearly visible and prominent, including vehicles movements, the building of access roads, large-scale earthworks and the construction of the buildings and other structures. Site hoarding would be prominent at the road edge, but may not screen all operations or larger equipment used on site, such as cranes. The scale and extent of the change would be great, however the effects of this phase would be short term until the planting and landscaping become established. Once operational, from most dwellings only the tops of the CHPP, coal stores and potentially the gatehouse and top of the office building would be visible. Ground infrastructure and activity on the site would be screened by landform. Long distance views towards the south west would not be affected. The proposed development would result in a partial change in character views due to the introduction of the new built form. As the proposed planting establishes, the proposed development would better integrate with its surroundings. In the longer term (15 years +) the change would be considered beneficial, having removed the foreground industrial development and introducing a well-designed mature landscape setting.
The main village of Sandwith is located on lower ground and well enclosed by tree cover. Visibility towards the site would be restricted. Houses to the north of Sandwith have open northerly views which look across local fields towards the site. Views into the site would be partially unscreened for a short period during the construction stage operations, including vehicle movements, the building of access roads, large-scale earthworks and the construction of the buildings. Following the development of screening mounds and managed landscaping, views of the site would be softened with some limited screening. As the planting becomes established and matures the overall impact of the site would better integrate with its surroundings, offering good screening of the site in the summer months. The overall magnitude of change therefore would be moderate/slight and the effects would be considered to be below the threshold of significance.
Distant views of the top of the CHPP and coal store would be possible from the wider Whitehaven area including Hensingham and Rosebank which are on rising ground to the eastern side of the town. Views would typically be from first floor windows past adjacent built form. The development would likely be seen as a minor feature in the view within the context of the urban area and wider landscape.
In addition to dwellings impacted by the scheme road/rail users and those passing through for recreation would also experience a change in views.
As road users travel along High Road in both directions of travel they would approach and then pass directly past the Marchon site. Given the close proximity to the site that road users pass, for a short time during construction, the site would be visible to users. With screening and managed landscape planting, as the road user approaches and passes the site the views would transition between being screened by the landscape mounds to occasional framed views of the CHPP and edge of the coal stores where dips in the mounds have been included within the design. When passing from the south, one of these designed views include the view past the gatehouse down the entrance drive towards the CHPP. The removal of the existing visual detractors and the introduction of a designed landscape would positively impact on wider views, which is to be balanced against occasional views of large scale built form. As the planting establishes, the development would better integrate with its surroundings. In the long-term (from year 10 onwards) the trees along High Road would have grown high enough to filter (in winter) or screen (in summer) views towards the CHPP and coal stores from most of the road.
Along Wilson Pit Road, views of the site would only be possible towards the main mine site when travelling north-west. The construction of the underground conveyor would be visible in both directions of travel. Construction activities on the main mine site would be largely screened by topography until the road transitions into High Road. The views would be experienced from a short length of road and therefore the extent would be small and the duration would be short. The magnitude of change and moderate/minor effects would not be significant.
Once operational only the tops of the CHPP, coal stores and potentially the gatehouse and top of the office building would be visible. Ground infrastructure and activity on the site would be screened by landform. The scale and overall magnitude of change would reduce as the proposed planting establishes and matures.
From St Bees Road visibility towards the development within the main mine site would be possible from high ground between Bell House and Abbey wood when travelling north, but only the tops of the CHPP and coal stores would be visible as minor features in the view for a short duration.
The Coast to Coast long distance path extends across the study area from North Head to Moor Row to the south-east. At its closest points to the main components of the proposed development, it is located approximately 280 metres from the southern section of the main mine site boundary, approximately 45 metres from the underground conveyor site boundary (at its most southerly position) and it passes under the RLF through an existing underpass beneath the rail line. Almost continual theoretical visibility of the proposed development is predicted between the lane to the west of Sandwith and Moor Row to the east of the A595. Actual views and the extent to which the change would be considered significant would be variable, depending upon local screening, proximity to the proposed development and the nature/extent of the change.
Between the coast and Sandwith, views of construction activities at the Marchon site would be limited to partial views of temporary site cranes and in some instances, the tops of the larger buildings. This is due to intervening local landform and an area of small scale strip enclosures, lined with mature hedgerows and trees to the west of the village, which screen or heavily filter views towards the site. Views from the route within the village would be screened by built form.
Between Sandwith and High Road, there would be some open views across fields towards the site, especially where the roadside hedgerow is absent or gappy. While a linear group of trees close to the site’s southern boundary would provide some screening of ground-level operations, there would be clear views of the CHPP and other buildings as they are being built. The extent of the view affected would be limited, with screening overtime softening the impact of the development integrating it into the wider landscape.
Between High Road and Bell House, views of construction activities at both the main mine site and along the conveyor route would be variable depending on the type and level of screening. Local landform and tall hedgerows would limit views of activities within the main mine site and along the conveyor route as far as Demesne. Beyond Demesne, woodland would screen views towards the main mine site however there would be views of the cranes and/or lifting equipment along the underground conveyor.
Between the coast and Sandwith, there would be partial views of the CHPP due to screening or heavy filtering by local trees. In terms of the change from the existing view, the proposed development would be seen in the context of the urban fringe setting within which it is located, while more rural views to the east, south and west would remain unchanged.
Between Sandwith and High Road, where there are open views across fields towards the site there would be clear views of the CHPP and coal stores. Ground-level operations would be screened by the landscape mounds. While the extent of the view affected would be limited, the new buildings would be obvious. Views of the proposed development would, however, be set within a view of the urban fringe, while more rural views to the east, south and west would remain unchanged. Between High Road and Bell House, views of the proposed development would be limited to intermittent views of the CHPP building due to screening from intervening hedgerows and trees.
There are theoretical views of the proposed development from National Cycle Route 7 to the east, between Low Hall and Moor Row. Actual views are very unlikely because the route follows the dismantled railway for almost its entire passage which is mostly within a cutting with extensive trees.
From the local footpath, which runs along the top of the Hutbank landfill to the west of the main mine site, clear views down into and across the site would be possible. During construction, all construction related activities within the site would be visible, seen in the context of the wider Whitehaven urban area. When the proposed development becomes operational, the large scale built form, of a unique architectural style, would be introduced in close proximity. This would be seen in the context of the wider Whitehaven urban area and large scale wind turbines to the north along the coast. Views towards the Lakeland Fells would be unaffected.
Lighting (at night) would appear unobtrusive from this elevated location. Designed to minimise upward light spill, the mass of the CHPP, coal stores and middlings store would not be obvious when dark. Seen in the context of the wider Whitehaven urban area and its extensive and mixed lighting including street lighting, residential areas and distant floodlighting, the proposed development would not appear out of character.
From other footpaths in the vicinity of the main mine site, visibility towards the proposed development would often be curtailed by intervening landform or existing vegetation, and open views would usually only be experienced for intermittently and for short durations. The potential for significant visual effects to occur would therefore be limited.
It is proposed to introduce footpaths within the site which will improve connectivity between existing walkways. It is possible that view points of the site could be established, with interpretation boards to make a feature of this development in this area.
Having regard to the above, the proposed development of the Marchon site would be in line with this stated vision and guidelines for the area and would provide notable enhancement benefits to the character of the typically degraded Urban Fringe, again largely due to the extensive landscape proposals. The overall effect upon landscape character would be moderately beneficial in the longer term and considered significant within close proximity to the site. Beyond the immediate vicinity of the site the effect would not be considered significant.
Underground Conveyor
Linking the proposal between the Marchon site and the RLF will be the underground conveyor. In landscape and visual terms, the only effects will be temporary during the construction and post-construction reinstatement phase. During the operational phase the only landscape or visual effects which could occur would arise from the access points to the conveyor. This aspect of the development would not be considered to detrimentally impact upon the character of the landscape area and would therefore accord with the relevant policies of the Copeland Local Plan.
Rail Loading Facility (RLF)
The RLF is proposed to be located in the Pow Beck valley within LCT 4 Coastal Sandstone. The Pow Beck valley is a rural valley comprising mixed arable and pasture agriculture. It runs from Mirehouse in the north to St Bees in the south west. Fields are small and often sinuous in form, typically bound by hedgerows, some of which are well maintained and cut low, some of which have gaps and in places outgrown with frequent trees. The flat valley floor is enclosed by relatively steep ground to the west which rises to the coastal sandstone of the St Bees headland, and to the east by more gently rising ground towards the A595. Tree belts and small woodland blocks are common on the valley sides. The Cumbrian Coast Line runs through the base of the valley, as does the Pow Beck stream/river.
Whilst the valley itself is rural and agricultural in character, the presence of Mirehouse and Whitehaven to the north and the busy A595 and development along it to the west provide the presence of modern development to the landscape in the vicinity of the Pow Beck site. Further south along the valley towards St Bees, this is felt less strongly, and the valley is less developed.
The RLF would result in impact on the LCT 4 Coastal Sandstone. The development at 15 metres in height and 75 metres in length would be visible from the wider site. Whilst design measures have attempted to soften its appearance through materials and the consideration of massing a building of this scale in this location would have a significant impact. The LVIA indicates that significant visual effects would be limited to the closest dwellings along High Road, to the north of Sandwith and the few isolated dwellings near the RLF in the Pow Beck valley. Beyond those, it outlines that no significant effects would occur from dwellings or from roads within the study area.
As outlined, the RLF loading building would have an agricultural design aesthetic, using timber and stone in muted colours, but would appear significantly larger in scale than any comparable building in the valley. The scale of change is outlined within the LVIA to be medium/small. This appears to underestimate the significance of the impact especially as the duration would be long term. Although some planting is proposed for the RLF facility this can only be undertaken in a linear form following the line of the railway. It is not possible to broaden this planting area (which may better screen the site) due to restrictions on planting within the flood plain. It is not considered that the proposed planting would provide any screening to these views, although they would allow the development to integrate better into the landscape.
Considering residential amenity in relation to the development a number of dwellings within the Pow Beck Valley would be impacted upon. Views from Lake View would be possible towards the access road and rail sidings, welfare/office building and RLF loading building. These features would add new development into an existing rural view which comprises limited existing development (the rail line). The applicant (West Cumbria Mining) is proposing to purchase Lake View to mitigate any impacts on visual amenity.
Stanley House is located on the steep hillside west of the RLF loading building and set within mature tree cover. Views from the dwelling are across the valley at a higher level than the proposed RLF loading building and rail line. During the construction phase activities would be partly screened from view from this dwelling by the existing tree cover, however some views immediately down onto the RLF building and rail sidings being constructed would be possible. The scale of change would be medium, the extent small and the duration would be short term. Once operational, the RLF building and rail sidings would be visible in limited views at lower level than the house. Long views across the valley would remain unaffected. The applicant (West Cumbria Mining) is proposing to purchase Stanley House to mitigate any impacts.
From the cluster of dwellings at Linethwaite the RLF building would be perceived as a minor component in long distance views across the valley and to higher ground beyond to the west and north west. Tree cover around the dwellings would filter or limit views.
From dwellings to the south of Mirehouse visibility towards the RLF facility would be largely restricted by tree cover along the Pow Beck valley. The access road would be visible from some dwellings but only as it joins Mirehouse Road. This would not result in any notable change to the character of the view. No significant effects would occur from dwellings within Mirehouse.
In addition to dwellings impacted by the scheme, road users and those passing through for recreation would also experience a change in views.
High House Road connects St Bees with the A595 through the Pow Beck valley. Views would be possible towards the RLF in the valley in both directions of travel. The construction and operational of the RLF building would be a noticeable feature in the view as the road passes to the east of it, and it would represent a medium scale change over a short section of the route. The intended design and finish of the RLF building are proposed to further reduce its visual impact in the valley. The rail sidings themselves would not appear out of character with the existing rail line and would be assimilated into the landscape overtime resulting in little notable change. The welfare/office building would appear as another small scale agricultural building within the valley. It would not appear out of scale or out of character with the landscape.
Along the A595, views would be possible towards the RLF between Mirehouse and Bigrigg, with the RLF seen in long distance views across the Pow Beck valley towards St Bees Head. The wider context of the Whitehaven urban area is apparent. The Coast to Coast long distance path extends across the study area from North Head to Moor Row to the south-east. It passes under the RLF through an existing underpass beneath the rail line.
There are almost continual theoretical visibility of the proposed development between the lane to the west of Sandwith and Moor Row to the east of the A595. However, actual views and the extent to which the change would be considered significant would be variable, depending upon local screening, proximity to the proposed development and the nature/extent of the change.
Between Bell House and Stanley Pond (i.e. in those fields immediately surrounding the RLF and as the route passes through the site), there would be closer proximity and largely uninterrupted views of construction activities associated with the RLF and the conveyor route. Although occupying a wide angle of the view, the extent to which the existing view would be transformed would remain very limited. Elevated views from the north would still be long-ranging, while views from the valley bottom would remain characteristically curtailed by local hedgerows and trees.
Further east, low level views would be subject to variable degrees of screening and filtering by hedgerows and trees. The RLF building would be perceived as a minor component in long distance views across the valley and to higher ground beyond to the west and north-west. The location of the RLF loading building adjacent to the much larger steep hillside and woodland would reduce the perception of its vertical scale.
Between Bell House and Stanley Pond close proximity views of the RLF and associated infrastructure would be possible, especially as the route passes through the site. Tree planting along the southern edge of the existing railway embankment would provide screening in the longer term.
The smaller welfare building is proposed to have an agricultural design aesthetic and would not be out of scale with the surrounding landscape. The RLF loading building would have an agricultural design aesthetic but would appear larger in scale than other comparable buildings in the valley.
From sections of the route further east, as it passes through the Pow Beck valley and up its eastern slopes, the RLF building would be visible in long distance views across the valley and to higher ground beyond to the west and north-west. The LVIA does not consider that significant effects would result on these parts of the route.
There are theoretical views of the proposed development from National Cycle Route 7 to the east, between Low Hall and Moor Row. However, actual views are very unlikely because the route follows the dismantled railway for almost its entire passage which is mostly within a cutting with extensive trees.
From footpaths that pass in close proximity to the RLF, including the footpath along the rail line between the RLF site and St Bees, and those to the immediate north east of Stanley Pond, some open views towards the RLF building, welfare office and rail sidings would be possible. As the proposed planting establishes it would aid the integration of the development into the landscape and would limit visibility of the rail sidings and lower parts of the RLF building from the east.
Having regard to the assessment outlined, attempts have been made to minimise the impact of the RLF facility on the wider site through design and landscaping although a building of the scale proposed will have a noticeable impact within the locality. The impact of the development in this regard must therefore be weighed against the benefits of the development.
Cultural Heritage
The NPPF recognises that heritage assets, which it defines as a building, monument, site, place, area or landscape identified as having a degree of significance meriting consideration in planning decisions, because of its heritage interest, require sensitive development. The NPPF also outlines that that the alteration or destruction of the asset or its setting can harm their significance. It recognises that a balance needs to be struck between the conservation of the significance of a heritage asset and delivering public benefit. It sets out considerations to be taken into account when determining a planning application which would result in substantial harm or total loss of significance of a designated heritage asset. Public benefits of the proposed development are required to be assessed against any harm.
In making an assessment of the development, information has been gathered for non- designated heritage assets within a 1.5km search area measured from the boundary of the site. The search area was extended to 5km for designated assets comprising Scheduled Monuments and the highest category of listed buildings (grade I and grade II*), and 2km for grade II listed buildings.
A site visit and visual appraisal of heritage assets have been undertaken in order to:
identify known archaeological sites and find spots within and close to the site; to identify new assets and areas with the potential to contain any previously unidentified heritage remains; and assess the setting of heritage assets within the study areas.
Assets are assessed due to their sensitivity as High, Medium, Low or Very Low. Impact is identified under the following criteria, Major, Moderate, Minor, Negligible, No change.
Potential effects on cultural heritage assets from the proposed development have been assessed for each phase of development; construction, operation; and decommissioning.
Construction Phase
There will be Moderate adverse significance of effect to one asset of Medium sensitivity, Scalegill Hall and Adjoining Barn. No mitigation is proposed; A Minor adverse effect on the setting of Scalegill Hall will be introduced by the Rail Loading Facility; There will be a Minor adverse significance of effect on Sandwith Anhydrite Mine of Low sensitivity, following mitigation which will comprise historic building recording and historic mine investigation and recording; There will be a Negligible adverse significance of effect on Benhow Wood Quarries and Lime Kiln, assets of Low sensitivity, mitigation will include topographic survey, trial trenching and detailed excavation where appropriate; There will be a Negligible adverse significance of effect on the site of Stanley Pond Engine House of Low sensitivity, mitigation will include trial trenching and detailed excavation where appropriate; There will be a Negligible adverse significance of effect on the Whitehaven and Furness Junction Railway of Low sensitivity, no mitigation is proposed; There will be a Minor adverse significance of effect on the Site of a well, 200m NNE of Cabbage Hall of Low sensitivity, no mitigation is proposed; The will be a Moderate adverse effect relating to the heritage sensitivity of the St Bees Heritage Coast; There will be a Minor adverse effect on historic landscape character when taken cumulatively with the approved residential development to the east of High Road; There will be positive benefits from the enhancement of knowledge on the historic industrial mining heritage and enhancements to the setting of a number of High sensitivity heritage assets including Saltom Coal Pit, Haig Colliery and Barrowmouth Gysum and Alabaster Mine; There will be a negligible beneficial effect to the setting of Cabbage Hall Quarry of Low sensitivity due to improvements to its setting by the construction of a landscape bund.
Operation Phase
The operation of the new mine would not have any further physical or setting impacts on any surface heritage assets.
Decommissioning phase
The decommissioning phase may result in additional loss or change to archaeological sites in close proximity to the site with the use of additional areas for stockpiling, deconstruction and decontamination. The sub-surface mine workings would be in-filled and loss or damage to surviving historical mine workings may result.
Having regard to the information outlined above, the development is considered to be acceptable in term of impact on cultural heritage and would accord with policy DM27 of the Copeland Local Plan. Highway Safety Access The existing site access is located at the southern end of High Road, which is a priority junction. In and out movements are segregated by a split island. The previous industrial use of the site included significant numbers of HGV movements, and therefore this junction has already been designed to accommodate a certain volume of HGV movements. Analysis of the access shows that there are no apparent issues in this respect.
It is proposed that the access for the RLF would be via the existing road leading from Mirehouse Road, opposite Skiddaw Road.
The conveyor line is proposed to cross two public roads – High Road just south of its junction with Wilson Pit Road and St Bees Road. Traffic management would be implemented to maintain traffic during the road crossings.
Road Network
The existing road network can be describes as follows:
The 7.3 metre wide High Road is immediately adjacent to the main mine site. To the north of the site access, it leads into residential areas with a 40 mph speed limit, with a footpath provided on both sides. To the south of the site, the national speed limit of 60 mph applies. To the south of the site, a priority junction is located where High Road continues as the secondary approach to the junction. The high road continues as Wilson Pit Road, of similar road design;
Wilson Pit Road connects to St Bees Road with a priority junction, around 700 metres away from the site access;
The B5345 St Bees Road is the main adjacent local road; it runs north/south and is located to the east of the site, as well as connecting areas to the west of the main rail line to Whitehaven Harbour to the north. To the south it leads to the village of St Bees. The national speed limit applies, with the exception of a speed limit of 30 mph approaching the junctions;
The junction between St Bees Road and Wilson Pit Road is a priority junction, with a ‘ghost’ island and a right turn pocket provided to maximise the capacity and safety of the junction;
Approximately 85 metres north of the junction with Wilson Pit Road, is the junction between St Bees Road and Mirehouse Road. This is also a priority junction, provided with a ghost island and a right turn pocket to increase the capacity of the junction. Footways are provided on both sides of the junction; Mirehouse Road, located east of St Bees Road, connects St Bees Road with the A595 Egremont Road, and has a speed limit of 30mph. The road is a single two lane carriageway with a continuous footpath on the north side. The central section, over a railway bridge, is narrower with priority management signs where traffic from the west has priority. The junction of Mirehouse Road and the A595 Egremont Road is controlled with traffic signals.
The proposed impact as a result of the development of the road network has been modelled using the West Cumbria Transport Model (WCTM). Modelling has taken place in relation to the following scenarios:
2019 Peak Construction; End 2019 Scheme opening/ Operational (WCM); and 2029 Opening year + 10 years / 2029 Operation.
During construction, the initial daily forecast for HGV movements is a maximum of 43 trucks, which assuming a 10 hour working day, equates to less than 5 HGVs per hour one way. The traffic forecasts assume that a shuttle bus will be used during the construction period in order to minimise the impacts during this period and to reduce the requirements for on-site car parking. It is assumed that 20% of employees will be accommodated in Whitehaven and use local roads to reach the site. The remaining 80% of employees are assumed to travel 40% from the north and 40% from the south, using the strategic road network, the A595, and then local roads.
The traffic generation for the end 2019 operations and the 2029 future assessment year were based upon the working schedule provided by the developer. In the first year of operation, 2019, it is proposed that 127 people will be employed on site. By 2029, there would be a total of 518 employees working a 3 shift system.
Considering the above, an operational capacity analysis has been undertaken for each of the following junctions:
• Junction 1: (A595) Egremont Road / Mirehouse Road; • Junction 2: (A595) / (B5295) Egremont Road / Homewood Road; • Junction 3: Mirehouse Road / (B5345) St Bees Road; • Junction 4: (B5345) St Bees Road / Wilson Pit Road; • Junction 5: Wilson Pit Road / High Road; • Junction 6: Ginns to Kells Road / (B5345) Meadow Road; • Junction 7: (B5345) / Coach Road; and • Site Access: Site Access / High Road.
The operational junction capacity assessment for the road network outlines that traffic associated with the development would not have any significant impacts upon the road network. During the peak construction period, all junctions are forecasted to operate within their capacity apart from junction 2, (A595 North / B5295 / Homewood Rd / Egremont Road Roundabout), which is forecast to operate over its capacity within the 2019 baseline scenario. The traffic associated with the mine would therefore have no residual impact upon the junction.
The 2019 operational scenario results indicate a similar condition relating to junction performance, where all junctions would operate within their capacity, with the exception of Junction 2; (A595 North / B5295 / Homewood Rd / Egremont Road Roundabout), which is forecast to perform over its capacity at the 2019 baseline scenario.
Junction assessment for the 2029 operational scenario indicates that all of the junctions would operate within their capacity with the exception of junction 2 (A595 North / B5295 / Homewood Rd / Egremont Road Roundabout) and Junction 3; (Mirehouse Road / St Bees Road). Those junctions which are considered to perform over capacity, are expected to be so due to increases in baseline traffic. It is not considered that the traffic associated with the mine would adversely impact these junctions.
Sustainable travel
Public transport connectivity to the site would be in the form of rail, bus, bicycle and walking.
Rail There are two main railway stations serving the local area are Whitehaven and Corkickle. Corkickle Station is served by Northern Rail, offering connections to/from Workington, Barrow-in-Furness, Preston, Carlisle, and Lancaster. The station is located north east of the site, with a walking distance of around 1.2 miles (27-30 minutes) and cycling distance of 1.2- 1.3 miles (14 minutes). Whitehaven rail station is located at the north end of Whitehaven. It is served by Northern trains connecting Whitehaven with Workington, Barrow in Furness, Preston, Carlisle, and Lancaster. The site is accessible from Whitehaven station by buses, taxis and cycling. The walking distance is around 1.8 miles (41 minutes).
Bus
Bus service provision to the site is accessible from the station via bus number 3 and number 1, which are accessible at the mid-point of Mirehouse Road to the east of the site, then a walk of 0.9 miles (15-18 minutes) with reasonable frequencies. A further bus route serving the site from Whitehaven rail station is bus 2 which can be accessed on Woodhouse Road, which is within a walking distance from the site, 0.7 miles (14 minutes).
Cycle
There are currently no dedicated cycle facilities near the site. The nearest national cycle route is located to the east of the site. As part of this application Travel Plans (TP) have been proposed for the construction and operational phases. The TPs will be developed by the applicant to minimise impacts upon the local and strategic road network to discourage single occupancy car usage and to encourage travel by sustainable means. This is recommended to be conditioned as part of any planning approval.
Having regard to the above, it is considered that the project and operations would not trigger the requirement for any off-site mitigation measures, with the traffic generated by the mine able to be safely accommodated on the existing local highway network. The proposed mine therefore would comply with both NPPF and HE requirements, as there are no ‘severe’ residual impacts on the surrounding road network, and its predicted traffic volumes can be safely accommodated. This would also accord with policies ST1, ST2 and ST4 of the Copeland Local Plan.
Noise In undertaking a noise and vibration assessment for the proposed scheme, the following potential noise sources were considered:
Construction noise Plant equipment associated with the development Noise from the rail loading facility Railway noise Road traffic noise, Car park movements
The scope of assessment for noise was agreed, in advance, with Cumbria County Council, with the noise monitoring locations also agreed, in advance, with the Environmental Health team at Copeland Borough Council. Significant vibration levels to sensitive receptors during the operational phase were not expected and consequently, operational vibration was scoped out of the assessment in the initial phases.
The NPPF states that planning policies and decisions should aim to:
Avoid noise from giving rise to significant adverse impacts on health and quality of life as a result of new development;
Mitigate and reduce to a minimum other adverse impacts on quality of life arising from noise from new development, including through the use of conditions; and
Identify and protect areas of tranquillity which have remained relatively undisturbed by noise and are prized for their recreational and amenity value for this reason.
The NPPF refers to the Noise Policy Statement for England (NPSE) in assessing noise impact. The NPSE sets out the long term vision of the government’s noise policy, which is to “promote good health and a good quality of life through the effective management of noise within the context of policy on sustainable development”. The long term policy vision and aims are designed to enable decisions to be made regarding what is an acceptable noise burden to place on society. The ‘Explanatory Note’ within the NPSE provides further guidance on defining ‘significant adverse effects’ and ‘adverse effects’.
Planning Practice Guidance (PPG) on noise advises that local planning authorities should consider:
Whether or not a significant adverse effect is occurring or likely to occur; Whether or not an adverse effect is occurring or likely to occur; and Whether or not a good standard of amenity can be achieved. The PPG gives appropriate noise standards for minerals operators.
In undertaking an assessment of the proposed scheme, construction noise and vibration levels to sensitive receptors have been predicted using industry standard methodology. These assessment thresholds have then been aligned to the criteria as outlined within the NPSE, with the proposed change in noise levels then identified as being one of the following:
Negligible; Minor; Moderate; Major.
The result of the noise assessment are as follows:
The predicted noise levels for daytime construction activities are expected to fall significantly below threshold criterion for all residential receptors. The magnitude of impact is therefore assessed as Negligible at all residential receptors and the significance of the effect is ranked as Negligible;
For night-time drift works, the magnitude of impact is assessed as Negligible at all but receptor R3 (Cabbage Hall), where the magnitude of impact is moderate and the significance of effect is Moderate. The applicant has outlined that with additional mitigation, in the form of temporary barriers close to the surface plant and possibly additional attenuation to the fan, the residual effect should reduce to Minor. It is noted that the fan is proposed to be relocated down the drift at the earliest opportunity;
Construction vibration is unlikely to be perceptible at the nearest sensitive receptor. The magnitude of impact is Negligible and the significance of effect is ranked as Negligible;
Overall, the significance of noise increases resulting from construction traffic on public roads is assessed as Negligible /Slight; For the mine processing site, the magnitude of impact at residential receptors is assessed as Minor/Moderate, with the overall, the significance of effect of operational noise levels is ranked as Slight;
Operational noise levels are predicted to be within the agreed noise limits at the closest receptors to the RLF. The magnitude of impact is assessed as Minor/Moderate and the overall significance of effect is ranked as Slight;
Operational noise levels including for the operation of 5 gas generators or the operation of 2 diesel generators are predicted to be above the noise limits at all receptors during both the daytime at ground floor level and night-time at first floor level. Mitigation in the form of full enclosure and exhaust silencing would be required to provide noise levels which meet the noise limits. This results in a significance of effect of Slight for these events;
Operational noise levels resulting from additional train movements on the main line are predicted to increase by 5dB at the closest sensitive receptor. The magnitude of impact is assessed as Minor/Moderate and the significance of the effect is ranked as Slight/Moderate;
Overall, the significance of noise increases resulting from CMCP operational traffic on public roads is assessed as Negligible/Slight;
The applicant has outlined that it insists on the use of rotary bored piling whenever possible, but that it may be necessary to use driven piling techniques for engineering reasons under some circumstances and the vibration level from driven piling is likely to be higher. If driven piling is required then the assessment will need to be revisited and a piling strategy will be required to be developed prior to piling works proceeding.
Whilst the results presented above outline a largely acceptable noise impact from the development, there are a number of areas where further monitoring or mitigation would be required. Furthermore a mechanism to ensure protocol in the event that levels are exceeded would be required to be agreed. This is recommended to be undertaken through a noise management plan, which includes further monitoring, where required. The Noise Management Plan is recommended to be conditioned as part of the scheme. Subject to additional mitigation and the imposition of relevant conditions it is considered that the development would be considered acceptable in noise terms in accordance with Policy ST1 of the Copeland Local Plan.
Air Quality
The construction and operation of the proposed development has the potential to impact on local air quality. The NPPF requires the planning system to contribute to and enhance the natural and local environment by preventing both new and existing development from contributing to, or being put at unacceptable risk from, or being adversely affected by unacceptable levels of soil, air, water or noise pollution or land instability. Assessment of air quality is outlined in Planning Practice Guidance.
The PPG on air quality provides a summary of the air quality issues set out in the NPPF. The guidance advises that applications should proceed to decision with appropriate planning conditions or planning obligations, if the proposed development (including mitigation) would not lead to an unacceptable risk from air pollution, prevent sustained compliance with EU limit values or fail to comply with the requirements of the Habitats Regulations.
Regarding mineral dust emissions the guidance states that, “Where dust emissions are likely to arise, mineral operators are expected to prepare a dust assessment study, which should be undertaken by a competent person/organisation with acknowledged experience of undertaking this type of work.”
Air quality is managed through Policy ST1 of the Copeland Local Plan. An air quality assessment has been undertaken for the proposed development, in line with best practice, considering the following potential sources of pollution:
Construction dust and particulate matter; Construction vehicle emissions; Operational dust and particulate matter; and Operational vehicle emissions.
During the construction phase, dust emissions from construction activity have the potential to impact on human health and amenity at sensitive locations within 350 metres of the site boundary, and sensitive locations within 50 metres of a public road used by construction traffic that is within 500 metres of a site access. Construction dust emissions could also have an impact on ecologically sensitive locations within 50 metres of the site boundary and/or 50 metres of a public road used by construction traffic that is within 500 metres of a site access.
Vehicle emissions have the potential to impact on air quality at human and ecologically sensitive receptors in close proximity to the development.
The operation of the facility (product extraction, washing, crushing, packing), is designed to take place underground and then within fully enclosed buildings with ventilation systems, to prevent any dust or particulate matter leaving this enclosed space. It is not therefore considered that the mining activity associated with the operation would result in any impact on air quality. It is recommended that regular monitoring of this activity takes place to ensure there is no system failure.
During the operational phase, whilst enclosed within a building, product is transferred into train ‘buckets. This activity is not able to be managed in the same way as at the Marchon site, through sealed ventilated buildings, and there is the potential for the activities undertaken at the rail loadout areas to generate emissions of dust and particulate matter (PM10). The operation of the facility will also increase the number of vehicle movements on the public road network due to staff and road-bound deliveries of to the site. Such emissions have the potential to increase the level of exposure to concentrations of road traffic pollutants experienced by sensitive human and ecological receptors adjacent to roads used operation vehicles.
Receptors located within proximity to the application site which have potential to be adversely affected by the works are as follows:
Human receptors within 350 metres of the boundary of the construction site and 400 metres of the operational site; New and proposed new residential development to the north of the processing facility site; Existing residential development to the northeast of the processing facility site, off High Road; Residential property Cabbage Hall, to the west of the processing facility site; Residential property at Mountain View, to the west of the processing facility site; Residential properties in the north of Sandwith; Residential property at Woodend Gardens, to the north of the rail loadout area; Residential property at Lake View, to the south of the rail loadout area; Human receptors within 50 metres of the route used by construction vehicles up to 500 metres from the site entrance; and An ecological receptor within 50 metres of the site boundary, the designated ecological site at St. Bees Head located to the west of the processing facility site.
In bringing forward development of the site, a number of mitigation measures have been identified to be incorporated into the scheme design. These include:
Working within an enclosed environment that is subject to negative pressure when engaging in the working of minerals within the mine, the processing facility, the handling and storage of worked and processed material within enclosed conveyors and storage structures; The movement of material to and from the mineral working area, the processing facility and the rail loadout facility will be via enclosed conveyors; Vehicle movements on the site will be associated with staff arriving and leaving the workplace and vehicles taking place on hard-surface and well maintained site roads; The inclusion of the rail loadout facility within the Proposed Development Scheme will also significantly reduce the number of vehicle movements on the public road network that would otherwise have been required to distribute the processed material across the region.
The results of air quality modelling are as follows.
Considering road traffic emissions during construction, predicted pollutant concentrations at human health sensitive receptors show that current local air quality conditions are generally of a good standard with total concentrations that are well below the national air quality objective values.
The greatest change to annual mean concentrations of NO2 (+0.9 μg/m3) are proposed to occur at receptors located adjacent to St Bees Road and Mirehouse Road. The effect of this level impact at these locations is considered to be negligible, as total concentrations during the construction phase are less than 30 μg/m3. Annual mean concentrations of NO2 are predicted to be in exceedance of 30 μg/m3 at locations adjacent to the junction of Inkerman Terrace and Loop Road South, in Whitehaven. At these locations, the construction of the proposed development will increase annual mean concentrations by up to 0.2 μg/m3. Such an impact, where annual mean concentrations are in excess of 30 μg/m3, is also considered to be negligible. The changes to annual mean concentrations of PM10 and PM2.5 as a result of the construction of the proposed development are 0.1 μg/m3 or less across the study area. Such an impact will have a negligible effect on local air quality. The change in 1 hour mean concentrations of NO2 as a result of the construction accounts for between <1 and 2% of the air quality standard (200 μg/m3). The change in 24 hour concentrations of PM10 accounts for less than 1% of the air quality standard (50 μg/m3). A change in short term concentrations of this magnitude is not significant.
Predicted pollutant concentrations during construction at ecologically sensitive receptors are provided for this scheme. The total annual mean concentrations of NOX are predicted to exceed the air quality standard for that pollutant (30 μg/m3) at locations of the Clints Quarry SSSI that are closest to the A595. The critical load for nitrogen deposition is exceeded at the three SSSI locations considered during construction. The level of impact predicted is, however, temporary in nature and will last for the duration of peak construction works only.
Predicted pollutant concentrations for the future operational scenario at human health sensitive receptors show that local air quality conditions in this scenario are generally of a good standard across the study area, with total concentrations that are well below the relevant air quality standards. The change to annual mean concentrations of NO2 range from <0.1 μg/m3 to 0.2 μg/m3 at the majority of human receptors across the study area. The effect of such a minimal level impact is considered negligible.
Predicted pollutant concentrations for the future operational scenarios at ecologically sensitive receptors show that total annual mean concentrations of NOX are predicted to exceed the air quality standard for that pollutant (30 μg/m3) at locations of the Clints Quarry SSSI that are closest to the A595, in 2019. However, this is due to elevated baseline concentrations, with the operation of the proposed development contributing less than 1% of the air quality standard. By 2029, it is anticipated that annual mean NOX concentrations will have fallen to levels below the air quality standard at all sections of this SSSI.
The proposed development’s contribution to daily mean concentrations of NOX account for around 10% of the relevant air quality standard at St Bees Head SSSI. An impact on an ecological habitat can only be considered to be insignificant where an impact is less than 10% of the standard. In relation to this scheme the vast majority of the proposed development contribution to daily mean concentrations of NOX is from the operation of the emergency backup generators. The proposed generators are only anticipated to operate intermittently for around 1.5% of the year. Due to the nature of emergency backup operation, it cannot be predicted as to when the generators will be operational. The dispersion modelling assessment undertaken assumed that the generators could be operational on any 24 hour period throughout the year. This is a conservative assumption, in that the operation of the generators is unlikely to coincide with the worst 24 hour meteorological period at the St Bees SSSI site. Therefore, the marginal exceedance of the 10% air quality criteria set by the EA is not considered likely to constitute a significant effect at the St Bees Head SSSI.
Having regard to the information detailed above, the construction and operation of proposed development is not likely to have a significant effect on local air quality, nor contravene local or national planning policy.
Biodiversity
There are no statutorily protected sites within any part of the proposed development. There are no internationally protected sites within 12.6km of the site. The closest Special Areas of Conservation (SAC) are the River Ehen SAC located approximately 12.6km to the east, the Drigg Coast SAC located 15km to the South and the Wastwater SAC located 15.4km to the south east. There are no further internationally significant sites within 20km of the site.
The closest nationally important statutory protected site is the St Bees Head Site of Special Scientific Interest (SSSI), approximately 500 metres to the north-west of the study site. The site comprises approximately 8km of coastal headland between St Bees and Whitehaven. This site is designated for reasons of botanical and geological interest and for the populations of sea bird which nest along coastal cliffs within the site. The Clint’s Quarry SSSI is located approximately 5.4 km to the south east of the site. This site is designated for reasons of botanical and geological interest.
A cliff located on the northern edge of the St Bees SSSI is the proposed location of a temporary pipeline to be laid over-ground to facilitate the transfer of water during dewatering of the former drifts. Habitats in this location were found to be a mosaic of degraded low-land heath, with dense course grassland, bracken and tall ruderal habitats. Species encountered were of limited diversity, but comprised bracken, bramble, Calluna heather, goat willow, rosebay willowherb, tormentil, crossheath, red fescue, sheeps fescue and Deschampsia. Impacts upon this habitat as a result of the pipeline would be localised and short-term.
Habitats within the main development area comprise a mosaic of poor semi-improved grassland, dense scrub, bare ground, hardstanding associated with the former Marchon works and a single small pond. Within the areas of poor semi-improved grassland are areas of more species rich neutral grasslands and some ephemeral-short perennial grassland at the margins of the areas of hard standing. A small area of dense broadleaf tree and scrub habitat is present to the immediate west of the former drift head tunnels. Additional areas of immature broadleaf tree planting and scrub are present along the southern boundary of the main development area. No further trees are present within the site. To the south of the main development site are habitats associated with a former landfill site. This area comprises species rich damp grassland, species poor-semi-improved grassland, dense scrub and unmanaged hedgerow. A small pond is present in the former landfill area which comprises open water with dense Typha reed bed to the margins. To the west of the main site is an additional former landfill site which has been re-landscaped to form a steep east- facing bank. Habitats in this area are dominated by rank poor-semi improved grasslands. To the north of the site are further areas of ‘brownfield’ type habitats associated with the former Marchon works. These habitats are broadly similar to those found within the site. Habitat to the east of the site is dominated by existing and emerging residential housing, associated with a recent urban extension to Whitehaven. Neutral grasslands are also present within the site, a habitat listed as a priority within the Cumbria Biodiversity Action Plan (CBAP).
A number of detailed ecological surveys have been undertaken to support the planning application.
Birds
A total of twenty five species were recorded within the mine site during the breeding bird survey visits. Of these, nine were considered to be breeding within the site redline boundary, with grey partridge (one territory) and skylark (three territories) species of BoCC red-list conservation concern. The single grey partridge covey was located within an area of dense bramble scrub toward the centre of the site. The skylark territories were located within the grassland habitats. Two of the species thought to be breeding within the site, meadow pipit (three territories) and willow warbler (two territories) are species of BoCC amber-listed conservation concern. The meadow pipit territories were located towards the centre of the and west of the site in areas of dense scrub and rank grassland. The two willow warbler territories were located within dense scrub and woodland located behind the former drift head structure. The remaining five species, whitethroat, stonechat, blackbird, sedge warbler and wren are BoCC Green-listed, or species of least conservation concern. A further 16 species were recorded within the site during survey visits, but were not thought to be breeding. Overall the diversity of bird species found within the site was low, supporting mostly those preferring grassland and scrub habitats. The lack of mature tree cover within the site is likely to contribute towards the low species diversity.
Considering the conveyor site, of the eleven species thought to be nesting within this zone, yellowhammer (two territories) and house sparrow (one territory), are species of BoCC red- listed conservation concern. The yellowhammer territories were both associated with areas of remnant hedgerow, located in otherwise pastoral fields. The single house sparrow territory was located close to residential houses north of the proposed RLF. One of the species recorded nesting in the zone, dunnock is of BoCC amber-listed conservation concern. These territories were both associated with areas of remnant hedgerow. The remaining species recorded in this zone are all of BoCC green, or of least conservation concern: chiffchaff, white throat, blue tit, blackbird, wood pigeon, goldcrest, robin and wren. Bats Cumbria Biological Record Centre provided a single record of a bat roost (species unknown), three records of common pipistrelle and/or pipistrelle species (all approximately one kilometre to the east of the site) and one record of a brown long-eared bat approximately 1.4 kilometres to the south-west of the site. A single pass by a common pipistrelle Pipistrellus pipistrellus was recorded during survey.
Information provided by the Cumberland bat group indicates that all three species recorded during the field survey work are considered to be ‘common and widespread’ within the county of Cumbria. Each species was recorded on an occasional basis, with bats mostly passing through the site as part of a wider foraging and commuting territory.
There are buildings and structures on the site that have potential for use by roost bats, but the activity surveys provided no evidence to suggest that there were any active bat roosts close to the site. While the habitat on the site is suitable for foraging / commuting, links to potential foraging habitat in the wider area are poor. For these reasons the population of bats using the site is considered to be of no greater than Site Importance.
Great Crested Newt and amphibians
No records for great crested newt were provided by Cumbria Biological Record centre within 2km of the site. No GCN were recorded within the single pond in the site or the pond adjacent to the site.
The pond was found to support populations of both common toad Bufo bufo and common frog Rana temporiana, with tadpoles from both species recorded within the pond for the duration of the survey work. Common toad is both a S.41 (NERC act 2016) and Cumbria LBAP priority species. Common toad was recorded within the site during field work. A peak count of approximately 45 common toads were recorded within the onsite pond during the field survey. Guidance states that a population of common toad less than 500 (estimated) or 100 (counted during the survey) is considered to be a low population.
Reptiles
No reptiles of any species were recorded either sheltering below or basking on top of any of the artificial refugia during the survey visits or during the destructive search of the site.
Mammals
No evidence of badger, red squirrel or otter activity was recorded within the site during the large mammal survey, or was recorded via casual record during the other site field work. Brown Hare Lepus europaeus were recorded within the site during survey. Evidence of red fox Vulpes vulpes in the form of footprints and droppings, and stoat Mustela ermine, in the form of droppings were found in several locations within the site. A pair (one adult male, one adult female) of roe deer Capreolus capreolus were recorded within Bellhouse Gill wood. In making an assessment of the impact of the development on biodiversity, it is considered that work to clear the existing vegetation with the main development site will result in localised disturbance and loss of habitats that are considered to be important at a Site level. None of the bird species cited within the designation for the St Bees Head SSSI have been recorded within the main development site, either foraging, or roosting, during the field survey. No functional link is considered to exist between the SSSI and the main development area. No significant adverse effects arising from construction phase activity (such as vehicle movements, site clearance, and increased percussive noise) within the main development site upon statutorily protected sites within wider area, including the St Bees Head SSSI are considered to be likely.
The proposed conveyor and rail-loading facility are not located within or adjacent to any statutory designated site. No physical or functional link, such as a watercourse or linear vegetation exists between both features and the statutory protected sites. The route of the conveyor and RLF are in the opposite (easterly) direction from the development site to the St Bees Head SSSI and therefore no significant adverse effects relating to noise, vibration, vehicle movements, site traffic and workforce activities are likely to have an effect upon the statutory sites during the construction phase.
Survey has shown that the proposed route of the conveyor through the Bellhouse Gill Wood LWS is at a location where natural processes (tree die back, leading to loss of ground flora diversity) have significantly reduced species diversity. Impacts from the trench upon species diversity in this woodland will be reduced in this location, however soil structure may still be adversely affected. The severance effects created by the conveyor trench are likely to create adverse effects which are permanent in duration, moderate in significance at a County level. Planting is proposed within proximity to this area in order to enhance biodiversity providing compensation for this impact. Once the installation process is complete, the conveyor will be self-contained, and include designed mitigation features to address any potential impact from noise and vibration. Therefore the risk of adverse effects upon statutory protected sites as a result of the conveyor during the operational phase is considered to be negligible.
The construction of the RLF buildings and railway sidings will not have direct effect upon any non-statutory protected site, and are sufficiently distance from the Bellhouse Gill LWS for this risk of adverse effects upon the key interest features of the site to be negligible.
Having regard to the assessment above it is considered that the proposed development would not result in any significant detrimental impact upon the biodiversity of the site and wider protected sites and would therefore be in accordance with the relevant policies of the local plan.
Hydrology, Hydrogeology, Flood risk and Drainage
In relation to mining, the NPPF advises that development should not have unacceptable adverse impacts on the natural environment or human health as a result of increased flood risk, impacts on the flow and quantity of surface and groundwater and migration of contamination from the site. This is implemented within the Copeland Local Plan through policies ST1 and ENV1.
The dewatering of the existing mine has the potential to impact upon the local groundwater system. The development has the potential to increase flood risk across the wider site area.
The site drains primarily to the south over the St-Bees Sandstone. The principal drainage feature in the area is Pow Beck to the south-east of the site is classified as a main river by the Environment Agency (EA). Pow Beck drains the area to the east of the site and discharges to the sea on the south side of St Bees. The area between the Pow Beck catchment and the coast predominantly drains into Rottington Beck and its associated tributaries which flow southwards and also discharge to the sea at St Bees. The Sandwith Beck originates at the southern boundary at the leachate treatment plant and flows south through Sandwith towards St Bees. A tributary of the Sandwith Becks joins the watercourse at Sandwith Newton. The Sandwith Beck becomes Rottington Beck when it reaches the settlement of Rottington.
Pow Beck drains a large area of about 15.5 km2 to the east of the site. This watercourse also flows south, parallel with and near the railway line and discharges in to the Irish Sea at St Bees.
In addition to the above notable watercourses, a water features survey of the area was carried out, identifying the following features across the site: • Springs; • Watercourses; • Lakes/ponds; and • Private water supplies (data provided by Copeland Borough Council).
Dewatering
Commonly, dewatering and related drawdown of the groundwater table constitutes the greatest risk to nearby receptors from mineral extraction developments in terms of hydrology and hydrogeology.
Considering mining, the degree of groundwater flow at depth across the site is thought to be very limited, with hydrogeological testing demonstrating that very little flow was observed. Most of the below ground working will be located within the Middle and Lower Coal Measures and as such the degree of groundwater flow into the workings and required dewatering is expected to be of a low order of magnitude. The upper St Bees Sandstone, where greater permeability was noted during hydrogeological testing, will remain largely undisturbed during the development.
It is proposed that the existing drifts will be refurbished and relined. The total volume of the void within the permeable upper bedrock is relatively low. Anecdotal evidence suggests the anhydrite mine was kept dry with relatively little pumping. The likelihood of intersecting significant water bearing faults/fractures at depths below the existing workings is highly unlikely given the pressure imparted by the overlying bedrock and consequent closing up of fissures.
Given that the rate of groundwater ingress into the mine is considered to be of a low order of magnitude, the associated rate of dewatering is also expected to be low. Extracted water will be utilised in site processes with any excess water (if any) being discharged to the sea under a new discharge permit, having first been processed. This aspect of the proposal will be considered under both permitting consents and also under marine licence.
Given the relatively modest dewatering expected from the development, the degree of change on groundwater levels in the area resulting from the proposal is expected to be negligible.
In relation to the United Utilities public water supply borehole located 6.5 km south-south- west of the site, given its strategic importance as a public water supply the receptor is classified as highly sensitive. The principal location of dewatering will be at the intersection between the mine adits and the Byerstead Fault. Given the large distance between the source and receptor, the presence of a pathway between the two is considered unfeasible, and therefore no impact is expected as a result of the proposal.
In relation to designated sites, the St Bees Head SSSI comprises 8 km of coastline between St Bees and Whitehaven; a potential pathway exists between the proposal and this receptor. Groundwater levels suggest that vegetation along the cliff tops of this receptor is dependent on shallow groundwater derived from recent rainfall, rather than deep groundwater. The proposal is likely to cause a negligible change to water availability for the St Bees Head SSSI.
Flood Risk and Drainage
The site lies in flood zone 1 which has low risk of flooding. The Sequential Test, outlined in the Planning Practice Guidance, identifies that land within Flood Zone 1 is considered suitable for all development types.
The site does not benefit from flood defences, with the majority of the site considered to be at a low risk of pluvial flooding, with some pockets of medium and high risk in depression features. The groundwater flood risk to the site is considered to be low/negligible. The site is considered to be at low risk of reservoir failure flooding.
The potential surface water runoff generated for consented and proposed restoration of the site for a 6 hour 1 in 100 year storm event has been calculated for both the main mine site and the RLF. The calculations show that the proposed development will increase runoff at both locations owing to increases in impermeable surface area and climate change induced increases in rainfall intensity. Post restoration, runoff from the mine site is predicted to decrease as a result of the change in surface cover from fractured hardstanding to grassland across much of the catchment. Runoff from the restored RLF will increase compared to Greenfield rates and volumes owing to the inclusion of the climate change allowance for rainfall intensity. The buried conveyor is not expected to cause any change in flood risk owing to the minimal impact expected on surface water flows. Any minor drainage features intersected during the construction of the conveyor will be re-established to maintain their functionality. At this stage it is expected that runoff at the mine site will be discharged to the sea along with dewatered mine water under the conditions of a new discharge permit. Some water will be used for on-site processes.
Attenuation of surface runoff is likely to be required but the volume required will depend on the pipeline capacity. Exceedance volumes are proposed to be accommodated on site to prevent any discharge of surface water to the Sandwith Beck.
Drainage of the RLF, at least in part, may be possible using infiltration methods and an investigation of the depth to groundwater during winter conditions is required to assess this possibility. Surface watercourses cross the site and could be used to dispose of runoff after suitable restriction and provision of attenuation. A detailed drainage scheme will be required for both sites and should be accompanied by hydraulic modelling to ensure flood risk is not increased downstream or within the sites themselves. Within this strategy measures to prevent contamination through the use of chemical on site and from extraction will be required.
Once mineral extraction ceases at the site, the mine is proposed to be allowed to naturally flood again. Given the slow rate of groundwater ingress expected this will take a long time and have a minor impact of nearby groundwater levels, yielding a minor overall impact level which is not significant.
Having regard to the information provided above, subject to suitable conditions in relation to drainage, contamination and water management, the proposed development would be considered to comply with the objectives of the NPPF and the relevant policies of the Copeland Local Plan.
Contamination and Land Stability
As a result of historical uses of the site, parts of the site are considered to be potentially contaminated.
The National Planning Policy Framework (NPPF) identifies land contamination as a material consideration in the planning process, outlining that to prevent unacceptable risks from pollution and land instability, planning policies and decisions should ensure that new development is appropriate for its location. The effects (including cumulative effects) of pollution on health, the natural environment or general amenity, and the potential sensitivity of the area or proposed development to adverse effects from pollution, should be taken into account.” An assessment of environmental risk from potential land contamination has been undertaken in relation to the surrounding land uses and designations, type of construction operations, geology, hydrogeology and hydrology.
Impacts during the construction phase of the development could arise as a result of the interaction between construction activities and the ground conditions including made ground, soils, rocks, surface water and groundwater. Potential impacts during the construction phase are anticipated to include the following:
• Loss of, and damage to, geological, paleontological and physiographic features; • Physical effects of the development, e.g. change in land use, land cover, local topography, effect of earth-moving on stability, soil erosion; • Risks to the environment from residual contamination present on the former Marchon site during construction activities; • Risks to site workers and to the mine surface development from the residual effects of the presence of the landfill sites located adjacent to the development; • Risks to the integrity and function of the landfill site from the adjacent construction activities; • Risks to the environment, the mine surface development, construction workers and site users associated with the creation of new potentially polluting sources during construction e.g. fuel storage, concrete pouring, and potential pollution incidents; • Risk of release of ground borne gases from the site; • Risks to environmental and controlled waters receptors from construction of the new rail siding and the rail loading facility; and • Risks to controlled waters including surface waters, marine waters and groundwater associated with the potential release of soluble and / or suspended aqueous pollutants from construction activities.
Impacts during the operational phase of the development could arise as a result of the interaction between mining activities and the ground conditions including made ground, soils, rocks, surface water and groundwater. Potential impacts associated with the operation of the mine may include:
• Risks to controlled waters due to mining-induced changes to the permeability and porosity of soils and superficial deposits through excavation works; • Risks to controlled waters due to mining-induced changes; • Risks to the environment and human health from accidental releases of coal dust; • Risks to the environment and to human health from the ventilation of mine gases; • Risks to the maintenance and integrity of mine buildings and infrastructure as a result of the presence of soil and groundwater contamination and/or ground gases and soil vapours; and • Risks to land stability, the stability and integrity of existing structures and the integrity and function of land drainage resulting from ground subsidence caused by mining. In assessing the impact of the scheme, factoring in mitigation using best practice techniques, the potential for the loss of geological resource at St Bees Head SSSI is considered to be of moderate impact which would have a long term effect at a regional scale.
The risk to the environment, site workers and neighbouring residents in terms of exposure to residual contaminants from the development of the former Marchon site is considered to be of moderate to major impact. It is however considered that the impacts could be reduced to a rating of minor to moderately adverse with appropriate mitigation.
Risk to controlled waters due to new residual pollutant linkages is considered to be of minor/moderate impact with the potential for irreversible long term impacts. Risk due to contaminants from dewatering of the anhydrite mine is considered to be moderate/adverse, but reversible in the medium term.
Risks to site workers as a result of the neighbouring landfill sites are considered to be moderate with reversible medium term impacts.
Risk to the integrity of the landfill structure is slight, of moderate to minor adverse impact, with potential permanent long term effects.
Risk of subsidence as a result of the development is considered to be slight with potential for moderate to minor adverse impact which is irreversible for the longer term.
Loss of soils and damage to agriculture is considered to have reversible medium term impact.
Changes to the topography of the site are proposed to be slight, with a reversible impact in the medium term.
The risk of ground gases released from the site are considered to be slight, but of a moderate to minor adverse impact which is reversible in the medium term.
Seismic activity associated with the proposed mine has been assessed. Mining generally occurs at depths significantly above the earth’s crust, where larger natural earthquakes usually occur. Mining induced seismic events usually occur at a magnitude of 3 of less, which is considered to be a minor seismic event, unlikely to cause damage to people or buildings and generally feeling like the vibration associated with a passing heavy goods vehicle.
The design of the proposed mining activity, with partial coal extraction in layers with stabilisation pillars is considered to significantly reduce the likelihood of subsidence and seismic events.
Subsidence should be considered through the proposed construction management plan, with a subsidence management plan conditioned as part of any planning approval. Throughout the mining operation the developer proposes to monitor ground movements and seismic events as part of our day-today safety management of the mine. A “traffic light” system, similar to that developed in the oil and gas industry is proposed to ensure that seismic events are considered and reviewed during the ongoing development and operation of the underground mine. While this is likely to be picked up as part of a general safety management system for the site, it is recommended that this is conditioned as part of any planning approval.
The site was formerly subject to a Hazardous Substances Consent. As hazardous substances are no longer stored on site and the land ownership has changed it is considered that this consent, in accordance with the Planning (Hazardous Substances) Regulations 2015, has lapsed. Legal opinion is currently being taken in relation to this consent.
Having regard to the above, the construction and operational activities proposed have the potential to generate a number of land contamination related adverse impacts on identified receptors if appropriate impacts avoidance measures are not implemented. Subject to avoidance measures being employed and any further mitigation measures identified are implemented, the significance of residual effects related to potential geological and contamination related impacts are likely to be minor or moderately adverse, and therefore not significant. This mitigation could be conditioned as part of any planning approval. On this basis it is considered that the development would be in accordance with the NPPF and the environmental policies outlined within the Copeland Local Plan.
Site restoration and aftercare Limited reference has been made to site restoration and aftercare in the documents submitted with the planning application. While an indicative restoration plan has been provided, it is expected that a full scheme of site restoration and ongoing management will be required. It is recommended that a full restoration management plan is provided as part of this application. This could be conditioned to be provided prior to commencement of development, where the developer is unable to provide this information as part of the application.
Conclusion The environmental impacts of the proposed development in terms of amenity (including noise, air quality and dust), landscape and visual impact, biodiversity interests, cultural heritage, drainage and hydrology, access and traffic, contamination and stability have been considered. It is concluded that the proposal would on the whole be environmentally acceptable, although it is inevitable that a scheme of this nature and scale will have some adverse impacts. The main concerns with regards to visual and landscape impacts are based on the proposed RLF, although it is acknowledged that this facility is a functional requirement to enable the product from the mine to be transported by rail. On balance it is considered that the significant benefits that would result from the scheme in terms of investment in the local economy and job creation would outweigh the adverse impacts of the scheme. These impacts can be mitigated and controlled by appropriate planning conditions and obligations to limit their significance.
Recommendation: No Objections subject to conditions relating to the following:- Site restoration should take place within 12 months of ceasing operations on the site; A full site restoration method statement and management plan should be provided and fully agreed prior to the commencement of development; A full schedule of materials should be agreed The materials and planting for the RLF should be carefully considered to ensure adequate mitigation to minimise the visual and landscape impacts of this facility Hours of Operation should be strictly controlled for all phases of the development; Travel Plans should be agreed for all phases of the development; An Environmental Management Plan should be secured which includes the following:- - Noise Monitoring - Land Contamination - Air Quality Monitoring - Dust controls A Safety Management Plan should be secured to ensure the adequate monitoring of any seismic activity that may result from the development; A subsidence Management Plan should be agreed before any works commence A Construction Management Plan should be agreed before any works commence to minimise the overall impacts during the construction phase. Full details of landscaping and earth mounding should be agreed prior to the commencement of development. A phasing plan for the landscaping proposals should also be agreed. A full Lighting Assessment should be secured and agreed to minimise impacts on local amenity A S106 Agreement should be secured to formalise the developers commitment to maximise the level of benefit to the local economy in terms of the use of local work force and local supply chain An adequate buffer zone should be retained between any parts of the development and the existing utility infrastructure within the locality including gas pipelines Measures should be secured to ensure all agreed mitigation measures and enhancements for ecology and habitats are implemented