REPORT REFERENCE: 5.1
REGULATORY AND OTHER COMMITTEE REPORT
NAME OF COMMITTEE: Planning and Regulation
DATE OF MEETING: 15/03/2010
SUBJECT: County Matter Application To extend existing quarry at land to the south east of Ancaster Quarry, King Street, Heydour – Block Stone Ltd S43/2746/09
REPORT BY: Executive Director (Development Services)
NAME OF CONTACT OFFICER: Victoria Bankes Price
CONTACT OFFICER TEL NO: Lincoln (01522) 782070
CONTACT OFFICER EMAIL ADDRESS: dev_pcg@lincolnshire.gov.uk
IS THE REPORT EXEMPT No
IS REPORT CONFIDENTIAL? No
SUMMARY
Planning permission is sought by Block Stone Ltd to extend the existing dimension stone (limestone) quarry at land to the south east of Ancaster Quarry, King Street, Heydour. The proposal is to extend the 1.5ha existing quarry for mineral extraction by an additional area of 0.29ha. The extension area adjoins the south eastern boundary and is currently in agricultural use. It is estimated to contain 10,000m³ of saleable reserves which the applicant proposes to work over a period of approximately 16 years.
Page 1 Following consideration of the relevant development plan policies and the comments received through consultation and publicity it is recommended that conditional planning permission be granted.
DISCUSSION
Background
1. In 1998 planning permission was granted (Ref S42/0399/03) to re-open and extend part of a small abandoned limestone quarry in Heydour known as ‘Ancaster Quarry’ in order to obtain a source of dimension stone for use in construction projects across the UK and abroad, including use in the renovation of historic buildings.
2. Under the provisions of the Environment Act 1995, the Ancaster Quarry was due for its First Period Review in 2003. In response the developer submitted two separate but interrelated applications:
the first specifically for the First Periodic Review (Ref: S42/0399/03); and the second, for a small south eastern extension to the quarry (Ref: S42/0400/03).
3. Those applications were considered simultaneously by the Planning and Regulation Committee on 24 February 2003. In the case of the review application, new conditions were imposed on the existing quarry and, in the case of the extension application, the resolution was that planning permission should be granted subject to conditions, including the standard requirement for the development to be commenced within a period of five years. Unfortunately due to an oversight by the developer the permission for the extension was not implemented and has now lapsed. These reserves are still, however, required and as a result the developer is seeking a new planning permission to effectively replace the one that lapsed.
The Application
4. Planning permission is sought by Blockstone Ltd to extend Ancaster Quarry, King Street, Heydour. The proposal is to extend the existing 1.5ha quarry by 0.29ha by working the adjoining agricultural land.
5. The applicant intends to work the proposed extension in the same manner as the existing quarry. Ancaster Quarry is worked intermittently for limestone, usually 2 or 3 times a year for a period of a few weeks. The limestone is usually extracted from the working face by hydraulic excavator. The following techniques are also used when appropriate:
handheld drill and black powder (black powder causes fewer fractures and results in more usable stone compared to other explosives) to loosen large blocks from the quarry face; chainsaw to cut out blocks from the face; hand held rock drill to split and shape blocks.
6. The limestone blocks selected as suitable for ‘cut building stone’ are then numbered and stored in the eastern part of the quarry ready for collection. They are transported by articulated lorries to a cutting shed in Derbyshire or directly to customers. Smaller blocks and pieces of limestone that are not suitable for building stone are collected
Page 2 separately and used for walling and rockery stone. Stone not suitable for these uses is placed in the tip area and would be used in backfilling the quarry as part of the restoration scheme. No waste stone would be removed from the site for use as aggregate.
7. As with the existing quarry the limestone would be worked to a depth of approximately 65m as the limestone below this depth is not a suitable colour or quality for building stone. The wastage factor is currently around 50%. The applicant anticipates that this could decrease as new markets are constantly being sought for smaller pieces of stone that are not suitable for cut building stone.
Operational Proposals
8. As stipulated above the applicant intends to work the proposed extension using the existing methods. The topsoil would be stripped in one operation which would take 2- 5 days and would be transported through the old quarry area for storage. The overburden would most likely be stripped in one operation and placed in the worked out quarry area. Extraction within the extension area would generally take place from the northwest to southwest.
Output Limits
9. The current planning permission at Ancaster Quarry limits the output of stone for the quarry to 3000m³ per annum unless otherwise agreed by the Minerals Planning Authority. To date the output has been in the region of 1000m³ per annum. The applicant states however that demand for the buff coloured limestone from Ancaster Quarry is increasing and that some yearly outputs are up to 3000m³. The applicant has suggested that a similar condition limiting output from the extension area to 3000m³ would be appropriate.
Working Hours
10. The current planning permission restricts working hours for all of the quarry’s operations (except essential maintenance and safety operations) to weekdays between the hours of 07:00 and 19:00hours. No working is allowed on the weekends or Bank Holidays. The applicant proposes that these working hours should be maintained for the proposed extension area.
Restoration
11. The quarry would be restored for nature conservation purposes. The existing quarry is being progressively restored by the partial backfilling of previously worked out areas with clay overburden and waste stone. An outline restoration scheme including the extension area was approved in 2004 as part of the current planning permission. The applicant states that the appropriate backfilling has taken place to date.
12. Clay overburden stripped from the extension area would be placed in the current quarry void and infilling would progress in a south easterly direction. There would not be sufficient overburden and waste stone to restore the whole quarry to the original ground levels. Infilling in the western corner of the quarry has taken place to the height of the adjoining land, around 90m AOD. The restored levels would grade down from the west and north to around 77m AOD, just below the top of the limestone at 80m AOD. The tip area would be levelled off as the tipping proceeds and once 0.2ha
Page 3 is available for restoration it would be spread with top soil to a depth of 100-200mm to create a soil suitable for the establishment of indigenous trees and shrubs. Tree and shrub planting would take place during the next available planting season. As further tip areas of 0.2ha become available these would be topsoiled and planted.
13. All topsoil stripped from the quarry would be stored in mounds until required for restoration. These mounds would be no higher than 3 metres. The overburden from the extension would be used for restoring the western half of the existing quarry. Waste stone would be used to fill the lower levels of the extension area and some overburden would be retained to cover the waste stone prior to topsoiling. The upper faces of the clay overburden of the extension area would be left at an angle of between 1:2 and 1:3 and would be allowed to re-vegetate naturally. These would be similar to the old quarry faces in the south eastern part of the quarry which have become well vegetated over time. The limestone faces beneath the clay would be left as steep rock faces to form geological features within the quarry.
14. The floor of the extension area would be topsoiled and restored to woodland by planting with trees and shrubs. The northern and eastern quarry faces would not be topsoiled and would be allowed to naturally regenerate. Indigenous trees and shrubs would be used; the applicant states that the species mix should be agreed with the Mineral Planning Authority at a later date. The applicant proposes to plant the quarry floor with clumps of 2-3 trees at 2.5m centres at 20-25m intervals. All of the trees would be staked and protected with rabbit guards.
15. Each 0.2ha area planted would be managed for a period of 5 years to ensure a 95% success rate for all planting at the end of that period. The afteruse of the quarry would be for nature conservation.
Environmental and Economic Impacts
Geology
16. Ancaster Quarry lies within an area of sedimentary rocks of Jurassic age. The Lincolnshire Limestone which is the main building stone within the quarry is a yellow to buff coloured limestone which occurs in beds up to 1m thick. The limestone is 8- 10m thick. The limestone is overlain by Upper Estuarine beds which comprise of a series of grey, highly fossiliferous mudstones containing a single thin limestone band; the mudstone is around 10-12m thick.
Market Need
17. The market for building stone fluctuates and the applicant states that output from the quarry is expected to be up to 3,000m³ per annum.
Flood Risk
18. The applicant has stipulated that the site is not considered to be at risk from flooding from rivers or surface water run off. The proposed development site is situated with Flood Zone 1 (Low Probability). Planning Policy Statement 25 – Development and Floodrisk (PPS25) states that a Flood Risk Assessment (FRA) is not required for development sites of less than 1ha in Flood Risk Zone 1; as such a Flood Risk Assessment has not been submitted in support of this application.
Page 4 Ecology
19. There are no designated sites of nature conservation interest within or in the vicinity of the quarry or the application site. The proposed extension area is currently in an arable field and does not contain any woodland, trees, hedgerows or habitats of significant ecological value. The existing quarry faces have re-vegetated with shrubs which the applicant proposes to remove. The applicant clarifies that this would be removed outside the bird nesting season.
Agricultural Land Quality
20. An Agricultural Land Classification survey has not been carried out due to the small scale of the proposed extension. The applicant has indicated that the site is likely to be Grade 2, very good quality agricultural land. The area of land that would be lost is 0.2ha.
Archaeology
21. The application site is currently in agricultural use and is regularly ploughed. The applicant states that there are no know sites of archaeological interest within or close to the application site and no material of archaeological interest has been found in the rest of the quarry. In 2002 prior to the submission of the previous planning application (Reference S42/0400/03) the County Archaeologist visited the site and carried out a site walkover survey. The County Archaeologist confirmed at the time that there was no reason to suspect that there should be any archaeology of any significance on the site. The County Archaeologist did however confirm that a watching brief should be carried out during soil stripping. The applicant therefore proposes that an archaeological watching brief during the soil stripping process would be an appropriate mitigation strategy.
Dust
22. The applicant states that during the 20 years that the quarry has been in their control there have been no complaints with regard to dust. The nearest dust sensitive receptors are located 590m to the north and south of the site. A dust management scheme was submitted on 8 March 2004 and was approved by the Mineral Planning Authority. The applicant proposes that the same scheme should apply to the operations within the extension area. A dust scheme has not however been submitted in support of this current application.
Noise
23. The application site is a significant distance from sensitive receptors and no complaints have been received. The property to the north, Glebe Farm is closer to the existing quarry than the extension. Higher ground and substantial woodland to the south of the existing quarry lie between the extension area and the properties to the south (Quarry Farm and Magpie Cottages).
24. The limestone would usually be extracted by a hydraulic excavator. A hand held rock drill and black powder would occasionally be used to loosen large blocks from the quarry face. The applicant stipulates that due to the low power associated with black powder and the small quantities used the explosions would not give rise to ground vibrations.
Page 5
25. The applicant asserts that due to the proposed small scale intermittent operations at the extension site there would be no adverse impacts on local amenity.
Highways
26. The access road to the quarry runs 550m from King Street to the operational quarry area. The entrance onto King Street is surfaced with tarmac for a distance of 20m; the next 250m of the track is surfaced with crushed stone. The long length of the track from the quarry to the road means that mud is not transported onto the highway. The access road is gated and locked when the quarry is not operational.
27. The quarry operates intermittently and building stone is usually transported away from the quarry 2 or 3 times a year for periods of a few weeks at a time. The stone would be transported using lorries carrying loads of up to 26 tonnes. Walling and rockery stone would also be removed on an intermittent basis using lorries carrying up to 20 tonnes. A maximum of 50 lorry movements per week would be made when the quarry is operating.
Site and Surroundings
28. Ancaster Quarry is located to the south of Wilsford Heath, 1km west of the village of Kelby, 2km south of the Town of Ancaster and 9km west of Sleaford. The boundary between North Kesteven and South Kesteven passes close by to the proposed extension but the site falls within South Kesteven. The nearest residential properties are Glebe Farm 590m to the north and Quarry Farm 590m to the south. The application site lies approximately 575m south east of the Wilsford Heath SSSI, a disused limestone quarry with semi-deciduous woodland and species rich grassland. Access to the quarry is from King Street via a 500m private access track. King Street joins the B6403 in Ancaster 2km north of the quarry access.
29. The proposed quarry extension area consists of arable farmland. It abuts the existing quarry to the north west and arable fields in every other direction. The stand off area between the existing quarry face and the surrounding agricultural land has become revegetated with shrubs and grass; this would be removed as part of the proposal. The south of the existing quarry is surrounded by mature woodland screening it from King Street to the south. Ancaster Quarry lies to the east of Glebe Quarry (also known as Gregory’s Quarry), the two quarries are under separate ownership and are operated as two distinct units. Glebe Quarry is a Regionally Important Geological Site.
Main Planning Considerations
National Guidance
30. Planning Policy Statement 1: Delivering Sustainable Development (January 2005), gives advice on how to achieve sustainable development using the 4 main aims of social progress, protection of the environment, prudent use of natural resources and the maintenance of high and stable levels of economic growth and employment.
31. UK Government Sustainable Development Strategy (March 2005). The strategy is based on five principles – with a more explicit focus on environmental limits and sets
Page 6 four agreed priorities – sustainable consumption and production, climate change, natural resource protection and sustainable communities.
32. Planning Policy Statement 7: Sustainable Development in Rural Areas (August 2004), promotes sustainable development, whilst protecting and enhancing the quality and character of the local countryside. Sustainable development supports traditional land based activities.
33. Planning Policy Statement 25 - Development and Flood Risk (December 2006) seeks to ensure that development does not exacerbate problems of flooding or increase risk of flooding elsewhere. It also offers advice to developers on the requirements of appropriate Flood Risk Assessments.
34. Minerals Policy Statement 1 - Planning and Minerals (November 2006) seeks to ensure that the principles of sustainable development and environmental consideration are balanced against the need to maintain an adequate supply of minerals needed by society and the economy. The policy sets out the importance of preventing and minimising the production of mineral waste. Paragraph 19 of the policy sets out the national objectives with regard to restoration, this includes among other points:
enhance wildlife and conservation opportunities; develop new woodland areas and provide a network of habitats; ensure land is reclaimed at the earliest opportunity to avoid dereliction; ensure proposals include details of the phasing for progressive restoration.
35. Minerals Policy Statement 1 recognises the important role that small quarries can play in providing historically authentic building materials in the conservation and repair of historic and cultural buildings and structures. It also recognises that extensions to existing workings have benefits over new sites in terms of reduced environmental disturbance and more efficient use of minerals reserves including full recovery of minerals. Annexe 2, Policies for Building and Roofing Stone, part (d) sets out the main planning considerations that Mineral Planning Authorities should take into account, as appropriate (summarised):
many building stone quarries are significantly smaller than aggregate quarries in terms of scale of operation, and their levels of potential impacts. This would include noise, vehicle movements and dust, rate of working and scale of impact on people and the environment. Planning conditions should be appropriate and proportionate to the scale of proposed operations; the need for a flexible approach to the potentially long duration of planning permissions reflecting the intermittent or low rate of working.
Part f, paragraph 3.14 sets out that with regard to the restoration and after use of building stone quarries the partial restoration of quarries prior to the expiry of planning permission should be considered.
36. Minerals Policy Statement 2: Controlling and Mitigating the Environmental Effects of Minerals Extraction (March 2005) sets out environmental policies and considerations that should be taken into consideration when assessing a new quarry or extension to an existing planning permission. MPS2 includes two annexes in respect of noise and dust.
Page 7
37. Minerals Planning Guidance 7: Reclamation of Mineral Workings (November 1996) seeks to set out the contribution reclaimed mineral sites can make to the Government's policies for sustainable development. It also provides information on the preparation of schemes and the long-term management of reclaimed sites.
Regional Guidance
East Midlands Regional Plan (March 2009)
38. The Regional Plan recognises that the East Midlands region provides a significant proportion of the UK’s mineral production, including limestone, with the employment, landscape and transport infrastructure implications arising from this.
39. The Regional Plan recognises that completed mineral extraction sites have the potential to provide a range of opportunities for new uses, whether for agriculture, forestry, wildlife habitats, recreation or landfill. It goes on to state that in some cases, former workings and sites have provided significant new ecological and local amenity assets, and the value of these should be considered in approving restoration or re-use proposals. It also states that provision should be made for the long term management of such assets.
Local Plan Context
Lincolnshire Minerals Local Plan (1991) (Saved Policies 2007)
40. Policy 4 (Mineral Working on Agricultural Land) states that in considering such applications regard should be paid to the agricultural quality of the land, the need to protect the environment for its own sake rather than just for its productive value of the land. In addition environmental and economic (particularly locally) impacts should be considered.
41. Policy M9 (Planning Permission for Surface Mineral Working – Supporting Information) sets out that the County Council requires applications for planning permission for surface mineral working to be accompanied by a full supporting statement containing where appropriate:-
a) An assessment of the need for working the minerals, details of the characteristics or properties of the minerals, the gross and net workable reserves and the markets to be served.
b) The estimated annual output and life of the working.
c) An assessment of the traffic to be generated by the workings and routing to and from the markets to be served.
d) An estimate of the employment opportunities arising from the proposal.
e) Details of the layout of the site, including buildings, plant, means of access and the measures proposed to protect local amenity.
f) The method and programme of working.
Page 8 g) Details of the means of restoration of the worked site, including the preservation of top soil and sub-soils, of any imported fill material, finished levels, slopes and drainage.
h) Landscaping and tree planting proposals, including measures to protect local amenities during the period of extraction, which are appropriate to the proposed afteruse having regard to the nature and character of adjacent land uses and the levels of adjoining land.
i) Proposals outlining the after-care arrangements for the land for a specified period of time (minimum 5 years) after the land has been restored for agriculture, forestry or amenity uses.
j) An appraisal of the wildlife and natural history value of the site including proposals to protect any such features of value during the period of working, restoration and aftercare.
k) An assessment of the archaeological implications of the proposal based on current archaeological knowledge and details of facilities for the recording of any site of archaeological interest to be affected by the proposal.
42. Policy M10 (Surface Mineral Working and Working Requirements and Aftercare Needs) seeks to ensure that mineral operations cause minimal disruption during working and that restoration to an appropriate afteruse can be achieved.
43. Policy M12 (Surface Mineral Working and Requirement for Adequate Local Highway Network to Accommodate Traffic Generated) states that the County Council will only grant permission for mineral working where they are satisfied that the local highway network is adequate to accommodate the additional traffic that the development is likely to generate.
44. Policy M14 (Surface Mineral Working and Land Restoration Scheme Requirements) seeks to ensure that restoration proposals for surface mineral working are accompanied by a detailed scheme for the restoration of the worked out site to agriculture, forestry or recreation/amenity use. Where a recreation or amenity use has been proposed it is expected that the scheme would reflect the site’s particular sensitivities.
45. Policy M15 (Surface Mineral Working and After Care Conditions) states that mineral working subject to restoration conditions will also be subject to aftercare conditions.
South Kesteven Local Plan (1995) (Saved Policies 2007)
46. Policy EN1: Protection and Enhancement of the Environment (summarised)
The visual quality and amenity of the built and countryside environments of the plan area will be conserved and enhanced. Development proposals should:
i) Incorporate appropriate landscaping and tree planting where appropriate; vi) Be located where the highway system can adequately and safely accommodate the volume and nature of traffic likely to be generated; vii) Avoid pollution of their surroundings by noise, toxic or offensive odour or by release of waste products.
Page 9 47. Policy EN2: Development in the Countryside (summarised)
Planning permission will not normally be given for development in the open countryside beyond the confines of settlements. Exceptions may be made for:
i) Essential rural activities, including agriculture, forestry and mineral extraction;
Any development considered appropriate to the countryside shall be sited and landscaped so as to minimise its impact on the environment.
Results of Consultations and Publicity
48. (a) Heydour Parish Council - consulted on 17 November 2009, but had not responded when this report was prepared.
(b) Wilsford Parish Council - consulted on 17 November 2009, but had not responded when this report was prepared.
(c) Kelby Parish Council – consulted on 17 November 2009, but had not responded when this report was prepared.
(d) Local County Council Member, Councillor M Hill - consulted on 17 November 2009 but had not responded when this report was prepared.
(e) South Kesteven District Council, Environmental Health Officer – consulted on 17 November 2009 but had not responded when this report was prepared.
(f) Environment Agency – no comments to make with regard to the proposed development.
(g) Highways Officer (Lincolnshire County Council) – consulted on 17 November 2009, but had not responded when this report was prepared.
(h) Pipeline Agency – consulted on 17 November 2009 but had not responded when this report was prepared.
(i) Serco Gulf – consulted on 17 November 2009 but had not responded when this report was prepared.
(j) Ministry of Defence (Safeguarding) – no objections to the proposed development.
(k) Anglian Water Services - consulted on 17 November 2009 but had not responded when this report was prepared.
(l) Tree Officer (Lincolnshire County Council) - consulted on 17 November 2009 but had not responded when this report was prepared.
(m) Natural Environment Officer (Lincolnshire County Council) – consulted on 17 November 2009, but had not responded when this report was prepared.
(n) Rights of Way Officer (Lincolnshire County Council) – consulted on 17 November 2009, but had not responded when this report was prepared.
Page 10 (o) Campaign to Protect Rural England – no objections subject to the imposition of appropriate conditions regarding landscaping and aftercare.
(p) Lincolnshire Wildlife Trust – the site is partly within Gregory’s Quarry Regional Important Geological Site (RIGS) and is close to Wilsford Heath Quarry Site of Special Scientific Interest (SSSI). Given its close proximity to Wilsford Heath Quarry SSSI the views of the statutory conservation agency, Natural England, should be sought before permission is granted.
The restoration of the quarry could provide an excellent opportunity to develop an area of limestone grassland habitat. The Wildlife Trust is disappointed by the restoration proposals to restore the site to woodland. The Trust would greatly encourage the use of the site for conservation after restoration and strongly recommends that restoration is to limestone grassland, with subsequent grazing under an appropriate management scheme.
Gregory’s Quarry is located in a priority area for limestone grassland re-creation. Limestone grassland is a UK and Lincolnshire Biodiversity Action Plan (BAP) priority habitat. Re-creation of limestone grassland at this site would help to meet targets in the UK and Lincolnshire BAP. It would also fit in well with a partnership project including Lincolnshire County Council, for which the Trust has been successful in securing funding, called ‘Lowland calcareous grassland in the Lincolnshire and Rutland Limestone Natural Area’, or ‘Life on the Verge’.
In conjunction with limestone grassland restoration it is recommended that areas, especially exposed limestone, are left to regenerate naturally and that top soil is not spread back onto the site to keep the nutrient levels low. If seeding is proposed then we would recommend that seed should be from native stock and preferably of local provenance to maximise biodiversity benefits. We would request that the seed mix is agreed with the Trust. The arrangements with regard to a plan for the treatment and planting of the restored surfaces need to be clarified and embedded in any consent.
Gregory’s Quarry was considered to be of geological value when it was notified as a RIGS in 1992 because of its exposures of the Lincolnshire limestone and good educational potential. We would therefore support the retention of open rock faces as a geological educational resource and as part of the restoration proposals. Any important geological features should be left exposed and we would suggest that a member of the Lincolnshire Geodiversity Team (formally RIGS Team) is invited to visit the site to assess the most appropriate areas to be left exposed.
(q) Natural England – no objections to the proposed development but request the imposition of a condition to protect breeding birds by ensuring that all vegetation is cleared outside the bird breeding season. Natural England are supportive of the proposal to restore the quarry to a nature conservation end use as it would contribute to the targets of the Lincolnshire Biodiversity Action Plan and provide geological interest. It is also queried that at what stage should a detailed species mix be required. They also stipulate that care should be taken to ensure that only species that are likely to prosper on lime-stone based soil should be chosen.
Page 11 (r) North Kesteven District Council, Environmental Health Officer – consulted on 17 November 2009 but had not responded when this report was prepared.
(s) North Kesteven District Council – no objections to the proposed development.
(t) Historic Environment (Lincolnshire County Council) – request the imposition of a condition requiring the submission and implementation of an archaeological scheme of works.
49. The application has been publicised by site notice and nearby residential properties have been individually notified. The application was advertised in the Sleaford Standard on 23 November 2009. No representations have been received as a result of this publicity.
District Council’s Recommendation
50. The South Kesteven District Council has no objections to the proposed development but suggest the imposition of a condition ensuring that that there is no significant impact on the visual amenity or residential amenity of any nearby residential properties.
Conclusions
51. This application seeks planning permission for a very small extension to a dimension stone quarry to replace a previous permission granted in 2003 that lapsed through non-implementation. Since 2003 the only significant change in policy relating to dimension stone quarries is at a national level as set out in MPS1 (2006). This document recognises the important role that small quarries can play in providing historically authentic building materials in the conservation and repair of historic and cultural buildings and structures. It also recognises that extensions to existing workings have benefits over new sites in terms of reduced environmental disturbance and more efficient use of mineral resources, including full recovery of minerals.
52. The quarries in this area (the Ancaster and Glebe Quarries) have a long history as sources of dimension stone and are of very limited size reflecting the low levels of output. They are relatively remote from local communities, with the nearest residential property to the Ancaster Quarry being located over 0.5km from the site.
53. The previous planning permission was subject to a number of conditions to reduce any environmental impacts – including an output restriction. It is considered that subject to similar conditions being imposed, the development would be acceptable in terms of traffic levels, noise/dust levels and archaeological recording.
54. The main issues raised by consultees relate to the visual impact and the restoration proposals.
Visual Impact
55. The site is already well screened to the west and south by the existing woodland. From other directions, views of the quarry would be very limited particularly after the extraction process has started and the operations move below the surrounding ground level. Nevertheless a condition could be imposed to require appropriate hedge planting to help mitigate against any impact on the nearby footpath. Landscaping
Page 12 would also further mitigate against the effects of dust and noise on the local amenity in line with Minerals Policy Statement 2.
Restoration
56. Natural England has supported the proposed restoration of the site to woodland – as a continuation of the established woodlands in the older worked out parts of the Ancaster and Glebe Quarries. Although the Lincolnshire Wildlife Trust has reservations over the proposals – favouring restoration to calcareous grassland - this may not be entirely practical for two reasons:
firstly, unlike most aggregate limestone quarries in the County, the site is overlain by a thick deposit of clay which needs to be utilised in the restoration of the workings; and secondly, the quarry workings are of a very limited extent which limits the options for ‘disposing’ of the overburden on site.
57. It is therefore considered that a suitable condition should be imposed to require the submission of a more detailed scheme so that this matter can be given further consideration.
58. Subject to the imposition of suitable conditions, it is considered that the proposal would be in line with the objectives of MPS1 and conforms with the policies of both the Lincolnshire Minerals Local Plan 1991 (Saved Policies 2007) and the South Kesteven Local Plan 1995 (Saved Polices 2007).
RECOMMENDATIONS
That planning permission be granted subject to the following conditions:
General Provisions
1. The development hereby permitted shall begin before the expiration of three years from the date of this permission. Written notification of the date of commencement should be sent to the Minerals Planning Authority within seven days of such commencement.
Scope of Permission
2. This permission relates to an extension to the existing building stone quarrying operations at Ancaster Quarry and the subsequent restoration of the area edged in red and blue on plan number R/4046-AQSEE/03 dated September 2009.
3. No materials shall be deposited on the site other than mineral waste generated by the extraction activity. There shall be no imported waste materials.
4. No topsoil or subsoil shall be exported from Ancaster Quarry.
Duration
5. The winning and working of minerals shall cease not later than 21 February 2042.
Page 13 Approved Details
6. Unless otherwise required by conditions attached to this planning permission, the development hereby permitted shall be carried out strictly in accordance with the details contained in the planning application dated 23 October 2009, the supporting statement and the accompanying drawings:
Written Statement – dated October 2009 Location Plan R/4046-AQSEE/01 – dated September 2009 Ancaster Quarry and Surrounding Area - R/4046-AQSEE/02 – dated September 2009 Planning Boundaries R/4046-AQSEE/03 – dated September 2009 Development Proposals - R/4046-AQSEE/04 – dated September 2009 Restoration Plan R/2124/10 – dated February 2004
Working Programme and Phasing Details
7. Unless otherwise required by other conditions attached to this permission, the extraction of limestone and progressive restoration shall be carried out as described in the application dated 23 October 2009, the supporting statement, and in accordance with the accompanying drawings: Restoration Plan R/2124/10 – dated February 2004.
8. By the 31 December each year, commencing in the year 2011, the operator shall submit written confirmation (including plans and survey of levels) of the progress of mineral extraction, infilling and restoration for the consideration of the Mineral Planning Authority.
9. Notwithstanding the requirement of the above condition, the progress of restoration of the site shall be the subject of review meetings between the operator and the Mineral Planning Authority. The first of such meetings shall be held within 3 years from the date of this permission, with subsequent meetings taking place at 3-yearly intervals thereafter. The review shall have specific regard to the following matters:
(a) progress and timescale of extraction; (b) achievement of restoration levels; (c) restoration timescales; and (d) soiling, landscaping (seeding, planting and treatment works).
Blasting
10. Unless otherwise agreed in writing by the Mineral Planning Authority blasting shall only be carried out as described in the Written Statement – dated October 2009.
Restrictions on Permitted Development Rights
11. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended):
(a) no fixed plant or machinery, buildings, and structures shall be erected , extended, installed or replaced at the site without the prior approval in writing of the Mineral Planning Authority; and
Page 14 (b) no lights or fences shall be installed or erected at the site unless details of them have been submitted to and agreed in writing by the Mineral Planning Authority.
Hours of Operation
12. Except as may otherwise be agreed in writing by the Mineral Planning Authority, the working and processing of minerals and their transportation from the site and all other associated activities at the site shall be restricted to between the following hours:
Monday to Friday 07:00 to 19:00 hours
No operations shall be carried out on weekends, Bank or Public Holidays.
Output Restriction
13. The annual output of stone removed from the quarry (as measured over the period from January to December) shall not exceed 3000m³ per annum unless otherwise agreed in writing with the Mineral Planning Authority. Details of the output of stone for the proceeding year shall be submitted to the Mineral Planning Authority by 31 January each year following the commencement of the development until the site is worked out.
Soil Stripping and Handling
14. Before any part of the site is excavated or traversed by heavy vehicles or machinery (except for the purpose of stripping that part or stacking topsoil on that part), or is used for the storage of subsoil or overburden or for the construction of a road, all available soil shall first be stripped from that part.
15. Soil mounds shall be constructed with only the minimum amount of compaction necessary to ensure their stability, and shall not be traversed by heavy vehicles or machinery except during their construction and removal. Topsoil mounds shall be constructed to a maximum height of 3m and subsoil mounds shall be constructed to a maximum height of 5m unless otherwise agreed in writing by the Mineral Planning Authority.
16. Site clearance operations that involve the destruction and removal of vegetation on site shall not be undertaken during the months of March to August inclusive, except when approved by the Mineral Planning Authority.
Access
17. Access to the site shall only be via the existing access road and quarry shown outlined in brown and orange respectively on Plan Number R/4046-AqSEE/04, dated September 2009.
18. The access road shall be maintained in a good state of repair and kept clean of mud and other debris.
Wheel Cleaning
19. No commercial vehicles shall enter the public highway unless their wheels and chasis have been cleaned to prevent material being deposited on the highway.
Page 15 Water Protection and Pollution
20. Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound shall be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound should be at least equivalent to the capacity of the largest tank, or the combined capacity of interconnected tanks, plus 10%. All filling points, vents, gauges and site glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework should be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to discharge downwards into the bunded compound.
Dust
21. Prior to the commencement of development the written approval of the Mineral Planning Authority shall be secured for a scheme setting out the measures for the suppression of dust from the site (including the access road). Such scheme shall include inter alia:
the suppression of dust caused by the moving and storage of soil and overburden, stone and other materials within the site; dust suppression on access roads; and the procedure to be adopted in the event of a complaint.
The scheme, as approved shall be implemented throughout the duration of the development.
Noise
22. All vehicles, plant and machinery operated within the site shall be maintained in accordance with the manufacturer’s specification at all times and shall be fitted with and use effective silencers.
23. All audible warning devices fitted to vehicles, plant and machinery operating within the site whilst affording suitable safety should be of a design that does not cause unreasonable noise intrusion to residential properties.
24. Except during periods of soil/overburden stripping and reinstatement the level of noise arising form the operations on the site shall not exceed 55dB(LAeq) (1hour) freefield or background noise levels +10dB(LAeq) (1 hour) freefield whichever is the lesser at any noise sensitive properties around the site. During the periods of soil/overburden stripping and replacement the noise levels at any noise sensitive locations arising from such operations shall not exceed:
70dB(LAeq) (1 hour) between the hours of 07:00-17:00; or
the limits set out in the first part of the condition between the hours of 17:00 - 19:00;
Page 16 and where such operations exceed the lower noise limits i.e. set between 17:00 - 19:00) they shall be limited in duration to no more than 8 weeks in any 12 month period.
25. In the event of a complaint about noise, the operator shall carry out a noise survey to establish whether or not the noise criteria are being breached. In the event that the LAeq,T noise level is in breach of either of the above relevant noise criterion, within 7 days of the receipt of the survey results the operator shall inform the Mineral Planning Authority of what action is proposed to remedy the breach. All mineral operations shall cease on the site until the relevant noise criterion have been met.
Hedge Planting
26. Prior to the commencement of development the written approval of the Mineral Planning Authority shall be secured for a scheme of hedge planting for the northeastern boundary of the site. Thereafter the scheme shall be implemented as approved and maintained for a period of 10 years. During this period any losses shall be replaced in the planting scheme immediately after they occur.
Archaeology
27. No development shall take place within the application area until the applicant has secured the implementation of an appropriate programme of archaeological work in accordance with a Written Scheme of Investigation which has been submitted to and approved by the Mineral Planning Authority. The development shall be undertaken only in full accordance with the approved written scheme. No variation shall take place without the prior written consent of the Mineral Planning Authority.
Restoration and Aftercare
28. No development hereby permitted shall take place within the site (edged red on drawing number R/4046-AQSEE/04) until a programme of final restoration and aftercare covering the site and existing quarry is submitted to and approved in writing by the Mineral Planning Authority. The scheme shall include details of:
soil replacement; planting; seeding; cultivating; fertilising; watering; draining; fencing; quarry faces to be retained for geological interest; any areas to be restored to calcareous grassland; and maintenance and aftercare of the land.
Each restoration phase shall be maintained for a period of 5 years following the completion of restoration in each phase. The development shall be carried out in accordance with the approved scheme unless otherwise agreed in writing by the Mineral Planning Authority.
Page 17 29. All plant, buildings and structures shall be removed from the site on completion of quarrying and restoration operations. Any plant which is no longer in operation shall be removed from the site.
Miscellaneous
30. A copy of this permission together with all documents hereby approved and any other documents subsequently approved in accordance with any condition of this permission shall be kept available for inspection at the Ancaster Quarry during the prescribed working hours.
Reasons
1. For the avoidance of doubt, and in compliance with Section 91 of the Town and Country Planning Act 1990 (as amended).
2 & 3 To identify the scope of the planning permission, for the avoidance of doubt and to ensure that the development is completed in accordance with the submitted details therefore ensuring satisfactory residential amenity is retained in accordance with Policy M10 of the Lincolnshire Mineral Local Plan.
4. For the avoidance of doubt over the limits of this permission.
5. For consistency with the conditions imposed by the First Periodic Review of the Ancaster Quarry.
6. To identify the scope of the planning permission, for the avoidance of doubt and to ensure that the development is completed in accordance with the submitted details therefore ensuring satisfactory residential amenity is retained in accordance with Policy M10 of the Lincolnshire Minerals Local Plan.
7. To ensure the working and restoration is completed in accordance with the submitted details pursuant to Policy M14 and M15 of the Lincolnshire Minerals Local Plan.
8 & 9 To enable the Mineral Planning Authority to monitor the progress of extraction and restoration and control the final restoration contours, in accordance with Policies M14 and M15 of the Lincolnshire Minerals Local Plan.
10. To ensure development does not detrimentally effect nearby residential amenity and in accordance with Policy M10 of the Lincolnshire Minerals Local Plan.
11. To ensure the Mineral Planning Authority retains control over the siting, erection and appearance of fixed mobile plant, machinery and buildings in the interests of amenity and pursuant to Policy M10 of the Lincolnshire Minerals Local Plan.
12. To ensure development does not detrimentally effect nearby residential amenity and in accordance with Policy M10 of the Lincolnshire Minerals Local Plan.
13. To ensure vehicle numbers are limited as the county roads between the application site and the Primary Traffic Routes are inadequate in width and construction to carry any major increase in traffic.
Page 18 14 &15. To minimise structural damage and compaction of the soil and to aid the final restoration of the site.
16. To ensure that breeding birds are not adversely affected.
17. To ensure the development is carried out in accordance with the details submitted.
18 & 19 In the interests of highway safety and safeguarding the local environment.
20. To minimise the risk of pollution of watercourses and aquifers.
21. To protect the amenities of the locality from the effect of dust from the development.
22 - 25 To minimise the disturbance from operations and avoid nuisance to local residents.
26. In the interest of the amenity of the locality and to ensure the development is adequately screened.
27. To ensure the preparation and implementation of an appropriate scheme of archaeological mitigation.
28. To ensure the Mineral Planning Authority retains control over the restoration and in accordance with Policies M14 and M15 of the Lincolnshire Minerals Local Plan.
29. To ensure the satisfactory restoration of the site in accordance with Policies M14 and M15 of the Lincolnshire Minerals Local Plan and Policy EN2 of the South Kesteven District Council Local Plan.
30. For the avoidance of doubt and to ensure the Mineral Planning Authority retains control over development of the site pursuant to Policy M10 of the Lincolnshire Minerals Local Plan.
Reasons for granting Planning Permission
The Mineral Planning Authority is satisfied that the extension of the quarry is primarily to obtain a source of building/dimension stone for which there is a local and regional need. Provided that production levels are controlled by restricting the annual output, it is considered that the proposal would not have a significant effect on the environment and local amenity and would accord with MPS1 and 2 and the Development Plan.
Page 19 Policies Referred To
National Policy UK Government Sustainable Development Strategy (March 2005) Planning Policy Statement 1: Delivering Sustainable Development (January 2005) Planning Policy Statement 7: Sustainable Development in Rural Areas (August 2004) Planning Policy Statement 25: Development and Flood Risk (December 2006) Minerals Policy Statement 1 - Planning and Minerals (November 2006) Minerals Policy Statement 2: Controlling and Mitigating the Environmental Effects of Minerals Extraction (March 2005) Minerals Planning Guidance 7: Reclamation of Mineral Workings (November 1996)
East Midlands Regional Plan March 2009
Lincolnshire Minerals Local Plan (1991) (Saved Policies September 2007) Policy M4 Minerals Working on Agricultural Land Policy M9 Planning Permission for Surface Mineral Working – Supporting Information Policy M10 Surface Mineral Working and Working Requirements and Aftercare Needs Policy M12: Surface Mineral Working and Requirement for Adequate Local Highway Network to Accommodate Traffic Generated Policy M14: Surface Mineral Working and Land Restoration Scheme Requirements Policy M15: Surface Mineral Working and After Care Conditions
South Kesteven Local Plan April 1995 (Saved Polices September 2007) Policy EN1: Protection and Enhancement of the Environment Policy EN2: Development in the Countryside
Page 20
BACKGROUND PAPERS The following background papers as defined in the Local Government Act 1972 were relied upon in the writing of this report. PAPER TYPE TITLE DATE ACCESSIBILITY Planning Application S43\2746\09 23 October 2009 Lincolnshire County files Council, Spatial S43\0399\03 21 February 2003 Planning, Witham Park House, S43\0400\03 21 February 2003 Waterside South, Lincoln S43\1560\87 10 November 1987
National Guidance UK Government March 2005 Sustainable Development Strategy
Planning Policy January 2005 Statement 1: Delivering Sustainable Development
Planning Policy August 2004 Statement 7: Sustainable Development in Rural Areas
Planning Policy December 2006 Statement 25: Development and Flood Risk
Minerals Policy November 2006 Statement 1 - Planning and Minerals Minerals Policy March 2005 Statement 2: Controlling and Mitigating the Environmental Effects of Minerals Extraction
Page 21 National Guidance Minerals Planning November 1996 Guidance 7: Reclamation of Mineral Workings
Regional Guidance East Midlands March 2009 Regional Plan
Local Plan Lincolnshire Minerals 1991 (Saved Policies Local Plan September 2007)
South Kesteven April 1995 (Saved Local Plan Polices September 2007)
Page 22 LINCOLNSHIRE COUNTY COUNCIL SPATIAL PLANNING
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SSSISSSI Existing Quarry
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LINCOLNSHIRE COUNTY COUNCIL Reproduced from the 1996 Os Mapping with the permission of the Controller of Her Majesty's Stationery Office (C) Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to civil proceedings. OS LICENCE 1000025370
Location: Description: Ancaster Quarry To extend existing quarry King Street Heydour Application No: S43/2746/09 Planning and Regulation Committee 15 March 2010 Scale: 1:10000