APPLICATION NO: CD.0165/1/X DATED 21st April 2006
AGENT: David Jarvis Associates Ltd 1 Tennyson Street Swindon Wiltshire SN1 5DT
APPLICANT: Huntsmans Quarries Ltd The Old School Naunton Gloucestershire GL54 3AE
SITE: Huntsmans Quarry Buckle Street Naunton Glos
PROPOSAL: Deepening of the existing quarry floor by approximately 12 metres, to include a revision to the approved scheme of working, a revision to the approved restoration contours, and a programme for the development of a sequence of silt lagoons
PARISH OF NAUNTON SITE AREA: 30.6ha
GRID REFS: 412562, 225394
RECOMMENDED: That planning permission be granted for the reasons set out in this report and summarised at paragraphs 7.29 – 7.31, and subject to the conditions set out in section 8 of this report.
1. LOCATION
1.1 Huntsmans Quarry is located within the Cotswolds Area of Outstanding Natural Beauty (AONB) approximately 2 kms to the north east of Naunton and 6 kms to the west of Stow on the Wold. The only entrance to the quarry is located directly off Buckle Street (3103), a class 3 highway that runs in a north-west to south-east direction and divides the two parts of the Huntsmans Quarry operations. To the west of Buckle Street lies the current extraction area, and to the east of Buckle Street lies the original quarry where the quarry plant, concrete batching plant and office building and main access are all located. A tunnel under Buckle Street links the current extraction area to the plant area. Previous quarrying operations have taken place, for example to the east of Nosehill Farm, and these areas have now been restored. Part of this restoration includes a section of a face that was left and is now classified as a geological SSSI.
1.2 The site subject to this application covers an area of approximately 30.6 ha within the current excavation area that lies on the opposite side of Buckle Street from the plant area and quarry entrance. The nearest residential properties lie approximately 400 metres to the south of the application site. Approximately 220 metres to the north-west of the application site lies the entrance to the Cotswold Farm Park, which is a popular local tourist attraction.
2. THE PROPOSAL
2.1 This proposal is for the deepening of the extant quarry by up to 12 metres in depth below the current consented levels. It is estimated that this deepening through the Fullers Earth clay band and into the Chipping Norton limestone DCJULY06 2/COMREPS 1 formation will release an estimated additional 2 million tonnes of limestone which, at current extraction rates, will give the quarry an extra 8 years life. The application includes a revised scheme of working and restoration and also a programme for the development of a sequence of silt lagoons. The application proposes that the majority of the site is restored to arable farmland with additional areas of species rich grassland and woodland planting. The planning application has been accompanied by an Environmental Statement.
2.2 The following extracts are from the application submission:
“The Applicant 2.3 Huntsmans Quarries Ltd is a small family owned company which has been operational since the early 1900's.
2.4 The quarry aggregates are used in a wide range of construction projects ranging from motorways to rural footpaths; and from hospitals and schools to the smallest house extensions.
2.5 The quarry also supplies walling, block and tiling stone, stone paving and agricultural lime to the locality.
2.5 The Application Site … The site is bounded by the minor road Buckle Street which runs from the north of the site along its eastern edge. This eastern boundary of the site contains grassed bunds and previously consented mitigation screen planting; a mix of semi-mature deciduous and coniferous species.
2.6 To the north east the site is bound by a minor road. Adjacent to the road are mature hedgerows, semi-mature mitigation screen planting … and grassed soil bunds.
2.7 To the west the site is bound by a track open to public access. Grassed soil bunding is present along the length of this track within the site boundary. The bunding is interrupted approximately halfway along the western border to allow for a gated entrance into the site. Between the bunding and the track recent screen planting has been implemented.
2.8 To the south the site is bound by a low dry stone wall and agricultural, arable land.
2.9 There is no public access across the site. The northern and north eastern areas of the site are currently restored, with approximately one third of the site being operational in the middle to western area.
2.10 Background to the proposed development As part of a review of mineral extraction operations at Huntsmans Quarry, additional reserves of mineral below the permitted base of excavation have been identified.
2.11 In order to continue to supply the diverse product mix, which includes; crushed rock, walling and block stone, tiles and agricultural lime, there is a need to maintain a series of long but shallow faces through the various mineral bands. This enables the quarry to take account of both the strength and colour variations within the different rock types being quarried. Of prime regional importance is the
DCJULY06 2/COMREPS 2 more massive limestone of the Eyford Member at Huntsmans Quarry, which provides the only source of Type 1 materials from the Jurassic Limestone Series in the Cotswold area. It is essential, therefore, that sufficient volumes of this horizon are continuously accessible in order to meet demand. However, this material is too grey in colour for certain more specialist products. Whilst the Taynton Limestone, which overlies the Eyford Member limestone, generally meets these colour requirements, the available reserves need to be augmented. The proposed deepening operations, to expose the Chipping Norton Limestone, will therefore provide additional sources of the pale brown/buff coloured limestone, whilst at the same time, where the more massive, fresher and stronger materials are encountered, this will also supplement supplies for the aggregate side of the business.
2.12 The proposed development will also ensure that mineral which can be extracted in an environmentally acceptable manner is not sterilised through the early restoration of an existing site.
2.13 It is therefore proposed to deepen the existing quarry by an additional 12 metres. This extension will take operations through the underlying Fullers Earth Mudstone (approximately 4 metres depth) and into an underlying band of the Chipping Norton Limestone Formation (approximately 8 metres depth). The principle of working these mineral seams has already been established. To the south of the inferred fault line, the consented scheme of working allows excavation to take place below the Fullers Earth clays.
2.14 In order to achieve the deepening operations there will be a requirement to maintain a sequence of abandonment silt lagoons within the quarry void. This will progress the consented silt lagoon arrangement (permission reference CD.0165/1/V). The final restoration profile would be adjusted accordingly and to secure a landform which can be achieved without the need to import any material to the site.
2.15 The scheme of working and restoration is shown on figures 4-7 (Plans to be displayed in Council Chambers). The design is the end result of a process of consultation and environmental assessment that began in 2005.
2.16 The current method of extraction will continue to be employed in respect of the proposals to deepen the existing quarry, supplemented by the use of quieter equipment. The mineral will be worked by a hydraulic excavator equipped with a breaker as at present. More recently a ripper has been trialled successfully in place of the breaker. This ripper is quieter than the breaker and can be used for the excavation of certain stone strata, currently it is used to excavate approximately 60% of the quarry stone and it is anticipated that this practice will continue.
2.17 Excavated limestone from the deepening extension would be loaded into dump trucks for transfer back to the existing plant site for processing in accordance with current practice. The dump trucks would continue to use the existing internal haul road and purpose built tunnel below Buckle Street.
DCJULY06 2/COMREPS 3 2.18 Indicative Phase 1 Extraction In order to continue to supply the diverse product mix and work the site safely there is a need to work the quarry in a series of long but shallow rock benches through the various mineral bands. This enables the quarry to take account of both the strength and colour variations within the different rock types being quarried.
2.19 At an early stage quarry deepening would take place within the walling stone quarry area located in the eastern corner of the site. The purpose of this is to create sufficient room for a new silt lagoon which will enable the existing lagoon to be restored. Upper quarry benching in the main quarry area would extend south westwards.
2.20 Topsoil would be stripped and stored in grassed bunds along the southern margins and placed directly over previously graded restoration areas. The remaining overlying soils above the rock (overburden) and quarry waste materials (silts and unsaleable stone) would be used to progress the restoration of the western quarry faces and capped silt lagoon areas.
2.21 Indicative Phase 2 Extraction Upper level benching would progress south eastwards, thereby providing safe access to all levels of the quarry including the deepening extension. The silt lagoon system would progress within the deepening extension area.
2.22 Overburden, quarry waste materials and soils would continue to be placed within the quarry restoration areas. Soils would also be stored along the southern margins.
2.23 Indicative Phase 3 Extraction During Phases 2-3 it is anticipated that restoration works should have progressed sufficiently for woodland planting to take place. Extraction would progress south west to complete along the southern boundary.
2.24 Overburden and quarry waste materials would be placed either directly to form the restoration profiles, used to construct additional silt lagoon capacity if required or stored temporarily within the deepening extension. Stored materials would be used to form the restoration profiles in stages as extraction progresses.
2.25 Final Restoration The main aims of the scheme are: • To provide a scheme comparable to that already consented with similar overall patterns of land use and vegetation. • Incorporate improved quarry restoration techniques in accordance with recent research. • Maintain and possibly enhance opportunities for nature conservation through the provision of species rich grassland and wet grassland. • Retain the consented area of ‘best and most versatile‘ agricultural land. • To ensure that external views of the restoration closely match those already consented.
2.26 The consented southern quarry restoration slopes have been reconfigured to allow for a more gradual and naturalistic link to the existing landform adjoining the site. The restoration land cover would be fields in this location, rather than DCJULY06 2/COMREPS 4 woodland. This so as to match the adjoining land use and help maintain the local open landscape character.
2.27 Elsewhere woodland and field hedgerows would be provided, broadly matching the consented scheme. Agricultural restoration soil profiles would comprise 25 cm depth topsoil over 55 cm depth relatively stone free subsoil placed over a minimum depth of 35cm quarry clays, silt and overburden.
2.28 The geological interest of the site would be maintained through the retention of limited face exposures at the western end of the quarry.
2.29 Proposed Hours of Working It is proposed that the quarry will continue to operate under the hours permitted by the current planning permission, namely:
Monday to Friday 0700 to 1800 Saturday 0700 to 1300 Sunday and Bank Holidays None
Outside of these hours the only operations that will be undertaken relate to essential maintenance.
2.30 Ancillary Operations With the exception of the need to construct the new silt lagoon system, there will be no alteration to those ancillary operations which are currently undertaken on site.
2.31 Traffic As is currently the case, all of the mineral extracted from the site will be transferred to the existing processing plant, via the existing internal haul road and tunnel under Buckle Street. The proposed development will not give rise to any additional lorry movements and will not alter the general flows of traffic from the site as a whole.
2.32 PLANNING POLICY AND NEED The development plan, to which all development must accord unless there are material considerations to the contrary, comprises the following elements:
The Structure Plan The Mineral and Waste Local Plan, The Borough Plan
2.33 Under the new Planning and Compensation Act 2004, Development Plans are to be become Local Development Framework Documents, which will comprise a series of individual documents.
2.34 Under Section 54A of the Town and Country Planning Act 1990, planning authorities are required to determine a planning application in accordance with the development plan unless material considerations indicate otherwise.
DCJULY06 2/COMREPS 5 2.35 National Policy and Guidance Mineral Policy Statement 1 The consultation draft of MPS1 was published in November 2004. It is intended that MPS1 will replace Mineral Planning Guidance Note 1: General considerations and the development plan system (MPG 1).
2.36 In July 2005, the ODPM published the consultation draft of Annex 1 to draft MPS 1: Planning and Minerals — supply of aggregates in England (MPS1AI). This annex focuses the aims of objectives outlined in MPS1 on the specific policy for aggregates. When finalised MPS1A1 will replace Mineral Planning Guidance Note 6: Guidelines for Aggregate Provisions in England.
2.37 The aim of MPS1 is: ‘...... to ensure that in line with sustainable development, the supply of aggregates is achieved at acceptable cost to society including environmental costs The stated main objectives for policy are:
to conserve aggregate resources by the appropriate provision and phasing of supply in development plans;
to safeguard specific resources of aggregates which are, or may become, of economic importance, against other types of development which would be a serious hindrance to their extraction;
to minimise the waste of aggregates and to encourage the efficient use of aggregates, including recycling;
to encourage the use of alternatives to primary aggregate;
to reduce damaging environmental impacts during the extraction and processing of primary aggregate and the production of alternatives;
to preserve or enhance the overall quality of the environment once extraction has ceased;
to protect areas of designated landscape or nature conservation from inappropriate development;
to reduce the environmental impacts of the movement of aggregates and encourage movement by water and rail by safeguarding existing wharves and railheads and, where appropriate, provision of new facilities for this purpose; and to encourage the supply of marine dredged sand and gravel to the extent that environmentally acceptable sources can be identified and exploited, with the principles of sustainable development.’
2.38 MPS1 requires MPAs in preparing their mineral policies to make provision for the local apportionment of current National and Regional Guidelines for land-won aggregate.
2.39 The guidance goes further in identifying the length of the landbank as being the key indicator (to) assess the need for new sites, with a landbank of less that 7 years being an indication that additional reserves need to be permitted.
DCJULY06 2/COMREPS 6 2.40 MPS1 also seeks to achieve environmental protection by, amongst other things:
requiring mineral operators to adopt sound working practices to prevent, where feasible, or if not minimise, environmental impacts during mineral working, including the preparation and restoration stages and transportation within sites;
requiring mineral operators to incorporate and maintain good environmental management practices into their company procedures;
ensuring that noise, dust and particle emissions and any blasting vibrations caused by mineral extraction are in conformity with EC standards and are controlled, mitigated or removed at source, so as to reduce to an acceptable level any potential adverse impacts on neighbouring land and property;
carrying out the requirement to consider, in association with the Environment Agency, the potential for mineral developments, individually or cumulatively, to affect the flow and quality of surface and groundwater supplies and the water table, taking account of best available options in preventing leachate generations and water pollution;
ensuring, in association with the Environment Agency, that in areas at risk of flooding, mineral extraction proposals do not have significant impacts on floodflows or flood storage capacity. Operators should demonstrate that mineral working will not increase the risk of flooding at other properties or locations;
ensuring that proposals for mineral extraction and the storage and tipping of mineral wastes are designed so that the operation and restoration of the site does not create land instability and helps prevent pollution of soil, surface water and groundwater. "
2.41 Regard has been had to the aims of MPS1 and Annex 1.
The proposed development has been designed and assessed in order to ensure that it can be undertaken in an environmentally acceptable manner.
2.42 The Structure Plan The current approved version of the Structure Plan was adopted on 17 November 1999.The policies within this plan are still being used for development control purposes.
2.43 Policy M.1 of the plan states:
‘ln assessing proposals for the re/ease of land for mineral working account will be taken of the quality, quantity and location of the minerals involved and the period over which they will be worked to ensure that the least environmentally damaging sources of supply within the County are used. In particular, suitable extensions of existing minerals workings will be given preference to the development of new mineral work.
2.44 The proposed development involves the deepening of an existing mineral extraction site to ensure the recovery of an additional 2 million tonnes of reserve.
DCJULY06 2/COMREPS 7
2.45 The existing quarry extension operates within acceptable levels of environmental impact. The proposed development represent a relatively low key means of securing the additional reserve as compared to the alternatives of lateral extensions or greenfield sites. It represents an appropriate and environmentally sensitive method of securing additional reserves.
2.46 The proposed development therefore accords with Policy M.1 of the Structure Plan.
2.47 Regard has also been had to policies M.3 and M.4 of the plan:
Policy M.3 In making provision for the supply of minerals and taking into account national and regional guidance, the appropriate degree of protection must be afforded to..
internationally, nationally, regionally and locally important areas of landscape, nature conservation, archaeological interest; and
important natural resources including agricultural land and the water-based environment.
2.48 Environmental assessment of the existing operation and proposed development has demonstrated that appropriate protection has been given to the AONB and the water environment. Nature conservation will be enhanced, there would be no effects on the archaeological interest and best and most versatile agricultural land will be preserved.
Policy M. 4 Provision for mineral working must ensure that
a) the amenity of local communities and access to the countryside is safeguarded and wherever possible enhanced;
b) pollution of land, water and air is prevented; and
c) worked out land is reclaimed to a state suitable for beneficial after-uses.
2.49 Existing access to the countryside would be retained. There are no public rights of way within the application site. The amenities of near properties have been assessed and would be safeguarded as they are under existing consents. There would be no pollution and the worked out land would be reclaimed for agriculture and nature conservation. The company has recently, in conjunction with English Nature and the Gloucestershire Geoconservation Trust, opened public access to the geological SSSI on adjacent land owned by the company and which was originally created by quarrying.
2.50 Policy M5 states: Provisions for mineral development must use a method of transporting minerals from extraction/production sites to markets that has the least environmental impact including alternatives to road transport, unless shown to be impracticable or not economically feasible.
2.51 The proposed development will not alter the way in which minerals are transported from the existing processing plant to the market. The quarry
DCJULY06 2/COMREPS 8 serves a local market which reduces the scale of road transportation that would be needed to bring in materials from further afield. There are no rail facilities in the locality as the existing transport methods have been shown to be acceptable it is considered that the development as a whole accords with Policy M.5.
2.52 Policy M.6 states:
Potential workable mineral resources will as far as possible be safeguarded from sterilisation by other forms of development. Where appropriate, the extraction of minerals before other more permanent forms of development has taken place will be encouraged.
2.53 The development accords with policy M.6 in seeking to ensure that the maximum volume of workable mineral is extracted from the site, prior to its restoration.
2.54 Deposit Draft 3rd Alteration The review of the Structure Plan has commenced, although formal adoption of the 3rd Alteration Document has been suspended in light of comments made by the GOSW. Whilst not adopted the policies contained within the 3rd Alteration are afforded "material consideration" in the planning application process.
Draft policy MR.13 of the 3rd Alteration is unchanged from the adopted plan policy M.1, to which the application accords.
Draft policy MR.15 of the 3'd Alteration is unchanged from the adopted plan policy M.3, to which the application accords.
Draft policy MR.16 of the 3rd Alteration is unchanged from the adopted plan policy M.4 to which the application accords.
Draft policy MR.17 of the 3rd Alteration is unchanged from the adopted plan policy M.5, to which the application accords.
Draft policy MR.18 of the 3rd Alteration is unchanged from the adopted plan policy M.6, to which the application accords.
Draft policy MR.19 of the 3rd Alteration is unchanged from the adopted plan policy M.7, to which the application accords.
Mineral and Waste Local Plan (adopted version 2003)
Policy E2 refers to mineral development within the AONB …
2.55 Proposed development would occur within the confines of a consented quarry operating under modern planning conditions in the Cotswolds AONB. Both the consented quarry and the proposed deepening extension have been the subject of environmental impact assessment, including landscape and visual assessment. As a result of this it is concluded that proposed development conforms with landscape related planning policy and that no unacceptable levels of adverse landscape or visual impact would occur beyond that previously consented.
2.56 Policy E7 refers to the preservation of best and most versatile agricultural land and states:
DCJULY06 2/COMREPS 9 "Proposals for mineral development, which result in the permanent loss of the best and most versatile agricultural land (grade 1 - 3a) will only be permitted in exceptional circumstances, or if there is an overriding need for the development, and either sufficient land in lower grades is unavailable or available lower grade land has an environmental value recognised by statutory wildlife, historic or archaeological designation and outweighs agricultural considerations. "
2.57 The proposals will result in the retention of an equivalent area of best and most versatile land as measured against the consented scheme.
2.58 Policy E8 refers to regionally important aspects of the natural environment and states:
‘Proposals for mineral development which have a significant adverse effect on the following locally and regionally important areas must make provision to safeguard or where appropriate enhance their attributes in the long-term:
Special landscape Areas. Local nature reserves. Key Wildlife Sites. Wildlife Corridors. Regionally Important Geological/Geomorphological Sites (RIGS). Ancient Semi Natural Woodland. Locally Important Archaeological Sites and their Settings, and other features of the historic environment. Locally Important Parks and Gardens.
2.59 The application site does not fall within any locally and regionally important areas. The broader quarrying site does however make an important contribution to nature conservation, most particularly through the quarry management's support for the creation of suitable habitat for the nationally rare plant Cotswolds Pennycress. The proposed development would maintain the increased levels of nature conservation interest already consented.
2.60 Geological interest within the deepening extension site would be retained.
2.61 Policy E9 refers to the UK, South West and Local Biodiversity Action Plan targets and states:
"Proposals for mineral development should where appropriate provide opportunities to contribute to the delivery of the UK, South West and Local Biodiversity Action Plan targets. Additionally, proposals, which prejudice the delivery of these targets or result in the loss of, or damage, to habitats and species will not be encouraged Where appropriate, the Minerals Planning Authority will seek long-term overall enhancement to local biodiversity through restoration by other means i.e. by the attachment of conditions or negotiation of planning obligations.’
2.62 The company supports Local Biodiversity Action Plan targets through its ongoing involvement with English Nature, the Farming and Wildlife Advisory Group (FWAG) and Plantlife.
2.63 Policy El 1 refers to the water environment.
DCJULY06 2/COMREPS 10
2.64 Proposed quarry deepening has been subject to a hydrogeological and hydrological assessment. The results of this study show that the impact on groundwater flow and abstractions and on groundwater vulnerability is negligible. Due to the nature of the local geological and hydrogeological regime, the potential effects of deepening the quarry are would be the same as those from the existing quarry.
2.65 Policy E20 refers to highways issues and states:
"Mineral development will only be permitted when provisions for vehicle movement within the site, the access to the site, and the conditions of the local highway network are such that the traffic movements likely to be generated by the development would not result in a n unacceptable impact on highway safety, the effective operation of the road network, residential amenity or the local environment. In assessing the likely impact of traffic movements, account will be taken of any highways improvements, traffic management of other mitigating measures which may be provided in association with the development. "
2.66 Proposed quarry deepening would not give rise to any increase in consented production levels or vehicle movements.
2.67 Policy A3 refers to aggregate mineral working within Preferred Areas and Areas of Search … The consented quarry and proposed deepening fall within the Preferred Area for Limestone Extraction (Appendix B). The extraction of additional mineral reserve will contribute to the County landbank in a manner that meets the requirements of the Proposals and other plan policies.
2.68 CONCLUSION The development proposals have been subject to an Environmental Impact Assessment, in order to determine the likely effects on the environment. This assessment has concluded that the mineral can be extracted and processed in an environmentally acceptable manner. This accords with National, Regional and Local Policies.”
2.69 Landscape and Visual Impact Assessment As part of the Environmental Statement the applicant submitted a Landscape and Visual Impact Assessment. The report concludes that:
“ The site is located in the Cotswolds AONB, defined as the Cotswolds High Wold Plateau, a landscape of high value.
Intervisibility is generally good in the locality with occasional interruptions by landform and mature woodland. As the proposal is for a deepening extension rather than a lateral extension in the proposed development would remain at its consented level of containment in the landscape.
Sensitive landscape receptors identified include the AONB, Geological SSSI and Local PROW. The site and near adjoining landscape are considered to have high landscape value overall.
Four categories of visual receptor have been identified: users of public right of way, residential areas and occupiers of residential properties, users of leisure facilities and users of roads.
DCJULY06 2/COMREPS 11
ZVI (zone of visual influence) and ZVS (zone of visual significance) studies demonstrate the significant visual effects of the proposal would be highly localised. Some views of the site quarrying operation are already screened by previously consented grassed mitigation bunding and planting. As the planting continues to establish the level of screening will increase.
Analysis of predicted effects on landscape character indicates that there would be no significant effects on landscape features. There would occur localised moderately adverse effects during the operational stage relating to extraction site development. Following restoration the residual effect would be slightly beneficial. Similar levels of effect are predicted in relation to landscape value.
It is concluded that proposed development conforms to landscape related planning policy and that no unacceptable levels of adverse landscape or visual impact would occur beyond that previously consented.”
Hydrogeology 2.70 A Hydrological report for the proposals carried out by GWP Consultants was included in the Environmental Statement assessment, the conclusions of the report were that:
2.71 “In response to the specific points raised by the EA and GCC scoping opinions the impact on the underlying aquifer systems and on the groundwater abstractions and receiving water courses have been assessed and the impacts found to be negligible.
2.72 It has also been demonstrated that due to the variable geological composition of the Roundhill Clay Member and a review of groundwater levels, that there is no perennial groundwater table within the Chipping Norton Limestone, although there may instead be minor perched water, locally. As such there will be no below water table working, and therefore no requirement for de- watering.
2.73 Specific reference was also made in the scoping opinion to the monitoring of groundwater between the quarry and Chalkhill Farm cottage to ensure the supply remains usable. Whilst this abstraction may be down the hydraulic gradient from the inert restoration of the Kineton Thorns site (shown on Drawing No. 1) the Chalkhill borehole is up the hydraulic gradient of the quarry and as such the groundwater supply to this abstraction will not be impacted upon by the proposed quarry deepening.
2.74 The final point raised in the scoping opinion is regarding infilling operations and the provision of drainage systems for groundwater to bypass batters below the water table. The proposed excavation does not extend below the water table within the Chipping Norton limestone, which is unsaturated. The proposed method of low restoration will not replace a compacted and impermeable clay unit to replicate the Fullers Earth Clay but will comprise some clay, silt and overburden within the Chipping Norton limestone aquifer. Whilst this will be of lower permeability than the aquifer, this aquifer unit is unsaturated, and the backfill of sufficient permeability to prevent the build up of any minor groundwater flow within this unit. Groundwater perching on the Fullers Earth Clay above the quarry deepening, will continue to be routed
DCJULY06 2/COMREPS 12 around the void via collection ditches and culverts within the Fullers Earth Clay and allowed to recharge back into the Eyford limestone down dip of the void itself.
3.75 The report has shown that the impact on groundwater flow and abstractions and on groundwater vulnerability is negligible. Due to the nature of the local geological and hydrogeological regime, the potential impacts of deepening the quarry are considered to be the same as the potential impacts from the existing quarry.”
3.0 PLANNING HISTORY
3.1 Huntsmans Quarry has been operating for 100 years so much of the early development will have pre-dated the planning system. There have also been a number of planning permissions granted including the following:
Planning Development Decision & Date Ref CD/165 Quarrying and working of stone Granted 3rd February 1950 CD/165/A Extensions to existing quarry Granted 9th September 1950 CD/165/B Proposed extension of existing quarry Granted 3rd November1960 CD/165/C Quarrying of stone Granted 24th April 1964 CD/165/D Quarrying of stone Granted 11th October 1966 CD/165/E Quarrying of Limestone Granted 5th July 1968 CD/165/G Extension to Quarries Granted 5th September 1969 CD/165/M Extension to Quarry Workings Granted 10th April 1973 CD/165/R Quarrying of Limestone Granted 4th January 1974 CD/165/S Limestone Extraction Granted 26th February 1980 CD/165/V Use of land for Quarrying Limestone Granted 14th August 1975 CD/165/1/C Landscaping and Restoration of Existing Granted 19th July and former Quarry 1979 CD/165/1/F Extension to Existing Quarry for the Granted 21st Extraction of Limestone December 1989 CD/165/1/G Extension to the Existing Quarry for the Granted 30th Continued Extraction of Limestone September 1996 CD/165/1/H Variation of Condition 15 of Consent Granted 17th CD/165/1/G relating to pumps for November 1995 dewatering CD/165/1/K Review of Minerals Site: Condition Approved 18th Submission December 1997 CD/165/1/ Extension of Existing Operating Building Granted 7th July M Stone Quarry 1999
DCJULY06 2/COMREPS 13 CD/165/1/N Variation of Condition 10 to CD/165/1/G – Granted 10th Advance Extraction of Walling Stone November 1999 CD/165/1/P Continued Extraction of Limestone Granted 22nd (incorporating variation of condition of June 2001 planning permissions CD/165/1/G and CD/165/1/M) CD/165/1/Q Installation of concrete batching plant Granted 10th June 2004 CD/165/1/R Erection of new office building – Outline Granted 6th March 2003 CD/165/1/S Aggregates Recycling, Plant Area Granted 21st Rationalisation, Agricultural Restoration November 2003 and Infilling Works CD/165/1/T Replacement Office Block Granted 15th September 2003 CD/165/1/U Construction of Silt Lagoon Granted 28th October 2004 CD/165/1/V Demolition of a vacant building and Granted 3rd relocation of existing offices into a new February 2006 building (reserved matters) CD/165/1/ Construction of Dry Storage Building Granted 19th May W 2006
* CD/165/1/K reviewed the conditions of the earlier permissions.
4.0 PLANNING POLICY Under Section 54A of the Town and Country Planning Act (1990) the authority must have regard to the development plan in considering planning applications unless material considerations indicate otherwise.
4.1 The introduction of the Planning and Compulsory Purchase Act 2004 introduces a new system of development plans defined as Regional Spatial Strategies and local development documents. The new system is being brought into effect through a series of commencement orders and transitional arrangements apply until the full introduction of the Act. The effect of the transitional arrangements means that the authority continues to consider those development plans that existed on 28 September 2004 when determining planning applications. The transitional arrangements continue until 13 May 2007 or when a new policy expressly replaces an old policy by being published, adopted or approved.
4.2 The following development plans and guidance must be considered in determining the planning application]
Regional Spatial Strategy The authority must consider the Regional Spatial Strategy once it is published, adopted or approved. From 28 September 2004, the adopted Regional Planning Guidance for the South West constitutes the RSS for the Region and is a material consideration in determining planning applications until it is replaced by the emerging RSS.
The Draft Regional Spatial Strategy for the South West 2006-2026, which has been issued for consultation, is also a material consideration in determining planning applications, although at this stage will have limited weight. DCJULY06 2/COMREPS 14
4.3 Minerals Planning Guidance 1 (MPG1): General Considerations and the Development Plan System MPG1 recognises that the winning and working of minerals has a number of special characteristics including the fact that minerals can only be worked where they naturally occur and the costs and benefits need to be considered and adverse environmental impacts mitigated or controlled during the process of extraction.
4.4 Minerals Policy Statement 1 (MPS1) The draft MPS1 was published in November 2004, and the consultation draft to Annex 1 of MPS 1 was published in July 2005 .
4.5 PPS7: Sustainable Development in Rural Areas With regards to AONBs, PPS 7 states that: “ In general, policies and development control decisions affecting AONBs should favour conservation of the natural beauty of the landscape.”
4.6 Gloucestershire Structure Plan Second Review: Adopted Plan (November 1999) The following policies are relevant to the proposed development: Policy NHE.4 - conservation and enhancement of AONB Policy M.1 – release of land for mineral working Policy M.3 – protection of the environment from mineral working Policy M.4 – protection of the amenity from mineral working Policy M.6 – safeguarding of mineral resources Policy M.7 – supply of aggregates
4.7 Gloucestershire Structure Plan Third Alteration Deposit Draft (November 2002) & Proposed Modifications (July 2004 and January 2005) The Third Alteration had an Examination in Public in November/December 2003. Two sets of Proposed Modifications have been produced. In April 2005 a Secretary of State Direction was issued on the Plan. Due to this Direction, the Plan remains held in abeyance and will not be forwarded to adoption. The following policies are relevant to the proposed development. Policy MR.6 - conservation and enhancement of the Cotswold AONB Policy MR.14 – Supply of minerals Policy MR.16 - protection of the environment from mineral working Policy MR.17 - protection of the amenity from mineral working Policy MR.18 – transportation of minerals Policy MR.19 - safeguarding of mineral resources Policy MR.20 – supply of aggregates
4.8 Gloucestershire Minerals Local Plan 1997 – 2006 (MLP) (Adopted April 2003) The following policies are relevant to the proposed development: Policy A1 – contribution of supply of aggregates Policy A2 – landbank Policy A4 – supply of aggregates outside preferred areas Policy E2 – mineral development in AONBs Policy DC1 - control and mitigation of any potentially adverse environmental or pollution effects, Policy E7 – protection of agricultural land, Policy E10 - contributions to local biodiversity,
DCJULY06 2/COMREPS 15 Policy E11 - seeks to protect the water environment, Policy E19 - impact of minerals transportation Policy E20 - highway safety Policy R1 – restoration of sites Policy R2 – aftercare of restored sites
4.9 Cotswold District Local Plan 2001-2011 (Adopted April 2006) The following policies of the Local Plan apply: Policy 4 – environmental impact Policy 7 – conservation and enhancement of the Cotswold AONB Policy 6 – protection of the water environment Policy 9 - biodiversity, geology and geomorphology
5.0 REPRESENTATIONS
5.1 Notices were posted on site on 30th March 2006, and an advertisement was placed in a locally circulating newspaper.
5.2 At the time of writing this report one letter of representation has been received from a member of the public that raises the following issues:
• Much of the material that it is proposed to crush and sell as aggregates could instead be used as walling and building stone.
• The hydrogeological report differs from the previous one submitted for the Kineton Thorns application. The material being deposited at Kineton Thorns could affect a private water supply.
• Huntsmans do not have consent to quarry beneath the Fullers Earth clay and doing so could affect water sources in the area, although not the respondents.
• The applicant has not provided information to detail how they will deal with standing water if the quarry is deepened.
• The state of Buckle Street is poor and there should be a limit placed on the total output form the quarry that includes both primary and recycled aggregates.
• Huntsmans have breached their working hours at the Kineton Thorns site and may do so again.
• Huntsmans have not addressed biodiversity issues in their final restoration plan, as the majority of the restoration is to be to agriculture.
6.0 CONSULTATIONS
6.1 Cotswold District Council Cotswold District Council has raised no objection to the proposals.
6.2 Naunton Parish Council Naunton Parish Council has no objection to the proposals.
6.3 Temple Guiting Parish Council DCJULY06 2/COMREPS 16 Temple Guiting Parish Council makes the following comments: “ Following Temple Guiting Parish Council’s site meeting and discussion, we wish to submit the following response to the application.
Temple Guiting Parish Council has no objections to the application on the following condition:
This application would involve an increase in the lifespan of the quarry with very clear implications for the extension of the period of time during which heavy traffic would be using this road.
The current condition of the road is woefully inadequate. The County Council does not appear to have a thorough or effective long term policy of maintenance. Whilst the Parish Council does not object to the workings proposed within this application, it feels very strongly that, should permission be granted, Buckle Street must be improved with a consistent policy of financial investment. Temple Guiting Parish Council would expect this investment to come both from the County Council as well as from Huntsmans Quarry via a strictly enforced condition requiring a regular financial contribution towards the cost of road maintenance.”
6.4 Upper Slaughter Parish Council “ Upper Slaughter Parish Council have raised concerns about the increase in commercial traffic on Buckle Street, in particular heavy vehicles and feel that the proposed additional quarrying at the site will serve to further increase heavy goods traffic on this road. They feel that limits should be placed on the volume of heavy goods traffic on this stretch of road.”
6.5 County Highways Representative The County Highways representative makes the following comments: “ I understand that this quarry currently has no output limit and it is clear that this proposal will not in itself be likely to increase the rate at which material is exported. Thus there will be no attributable increase in daily traffic movements as a result of the proposal.
However, the development proposal will extend the life of the quarry and will thus result in an extended period of significant HGV traffic along Buckle St. Therefore I have considered whether it would be appropriate to require the developer to enter into a s.106 agreement as part of this application to contribute monies to the ongoing repair of Buckle St. However, the nature of the traffic increase (ie at some time in the future) and the applicant's existing commitments to pay monies, albeit modest, to GCC under the terms of previous applications suggest to me that it would be more appropriate to pursue funding for our ongoing repair programme under s59 of the Highways Act 1980. This provides for the recovery of our costs in maintaining a road where those costs are above the average for that class of road and the damage in question can be reasonably attributed to a particular party.
I therefore raise no objection to this planning application. I would however ask that a note be included on any consent notice advising the applicant that the highway authority is likely to seek to recover extraordinary maintenance payments from the quarry under s59 of the Highways Act 1980.”
DCJULY06 2/COMREPS 17 6.6 Environment Agency “… We have no objection to the application, but the following conditions should be imposed on any planning condition granted:
CONDITION: Clean, uncontaminated rock, subsoil, brick rubble, crushed concrete and ceramic only shall be permitted as infill material when restoring the quarry. REASON: To prevent pollution of groundwater within the Great Oolite and Inferior Oolite aquifers.
The applicant must ensure that no aspect of the proposed operations (particularly dewatering) results in any adverse change in flows or levels in any rivers, streams, ditches, springs, lakes or ponds in the vicinity, and to that end we recommend the following condition:
CONDITION: No dewatering of the site by pumping shall occur without the prior written consent of the Mineral Planning Authority. REASON: To ensure that the works do not disrupt the hydrogeological regime.
Decision notice: Please could you forward a copy of the decision notice, quoting our reference.
Generally we find the EIA satisfactory. On one point it is incorrect, however; Section 4, Page 11 states that water is taken from shallow, spring fed lakes. Following a site visit it appears that these are pools fed by surface run-off. As such, abstraction from them would not require any licence from us.
However, regardless of any planning permission the following Environment Agency Consents may be necessary:
Under the terms of the Water Resources Act 1991, the prior written consent of the Environment Agency is currently required for any discharge of sewage or trade effluent onto or into ground and for surface runoff into groundwater. Such consent may be withheld. If there is an existing discharge consent the applicant should ensure that any increase in volume is permitted under the present conditions. ….
The following is general pollution prevention advice:
Any above ground oil storage tank(s) should be sited on an impervious base and surrounded by a suitable liquid tight bunded compound. No drainage outlet should be provided. The bunded area should be capable of containing 110% of the volume of the largest tank and all fill pipes, draw pipes and sight gauges should be enclosed within its curtilage. The vent pipe should be directed downwards into the bund. Guidelines are available from the Environment Agency.
Any open chemical or refuse storage areas should be surrounded by suitable liquid tight bunded compounds to prevent drainage from these areas discharging to ground or surface waters. Such areas should be connected to a sealed tank. No sewage or trade effluent, including cooling water containing chemical additives, vehicle wash waters, steam cleaning effluent, or pressure wash effluent, should be discharged to the surface water system. Vehicle
DCJULY06 2/COMREPS 18 loading or unloading bays and storage areas involving chemicals, refuse or other polluting matter should not discharge to the surface water system.
All reasonable steps must be taken to suppress dust emanating from any aspect of operations on the site. This includes brushing or scraping site roads to keep them free from dust and mud deposits, and the use of dust suppression systems in dry weather.
Under current legislation developers have a Duty of Care, which requires all ` wastes to be handled, recovered or disposed of responsibly. Records should be kept on site to demonstrate the Duty has been adhered to. Similarly, for hazardous wastes, copies of consignment notes should be kept. Agency Officers may audit these records during the demolition/construction phase.”
6.7 English Nature English Nature make the following comments: “ The application site is adjacent to the Huntsmans Quarry SSSI. On the basis of the information provided, English Nature has no objection subject to the proposals being carried out in strict accordance with the details and plans of the application. The reason for our no objection response is that the proposal, subject to the aforementioned conditions is not considered to have a significant effect on the features of interest of the Huntsmans Quarry SSSI. …
please note that should there be any modification or amendment to the application which may effect the SSSI, English Nature must be consulted.”
6.8 Countryside Agency The Countryside Agency have no formal comments to make.
6.9 Campaign to Protect Rural England (CPRE) The CPRE make the following comments: “ Our key point is that planning consent should not be granted until/ unless the issues set out below are satisfactorily resolved. CPRE does not oppose the proposed deepening in principle, and acknowledges the merit of not “sterilising” a mineral resource, but we consider that there are significant environmental issues which have not been fully dealt with in the application and accompanying Environmental Statement (ES). For clarity we list our concerns under subject headings.
Hydrology As we understand it, the current consent does not permit removal of the Fullers Earth Clay (FEC), which maintains a perched water table in the overlying Eyford limestone. The hydrologist’s report indicates that faulting already allows some water to pass through the FEC, but acknowledges that wholesale removal of the clay layer would allow more rapid flow down. The stated conclusion is that removal of the FEC “will marginally increase aquifer vulnerability”. The report also notes that the way in which water in the Eyford limestone is dealt with will be completely changed if the new proposals are implemented. We understand that the Environment Agency does not oppose the application, but, nevertheless, we are concerned that there appears to be a risk to water supply which is dependent on the perched water table in the Eyford limestone – due to the prospect of a change in the hydraulic gradient if the FEC is removed over an extensive area as is proposed.
DCJULY06 2/COMREPS 19
We request that the hydrology report on this aspect should be amplified and the applicants should be asked what contingency plans there are if deepening goes ahead and there is an adverse effect on any of the aquifers involved.
Restoration The proposals indicate that, although the final contours would be modified from that currently approved, an appropriate landform can be achieved without the importation of fill material. We believe it is essential for the planning authority to verify with the applicants that there will be sufficient on site material to achieve satisfactory grading out of contours. We also request that the applicants should be asked to say how the biodiversity would be affected by the revised restoration plans, in particular in the context of the Huntsmans BAP.
Transport We accept that if the proposals are approved the life of the quarry will be increased, but we understand, informally, that there are no plans to increase the rate of extraction. Buckle Street is an unclassified road and parts of it are in a quite fragile state. We believe it is important that any new consent should specify that the combined output of primary and secondary aggregates should not exceed the current annual rate (250,000 tonnes? We understand there is no planning condition limit at present). The maximum annual output should be specified in the new consent, if granted.
Reserves and future policy The application states that the proposed deepening will yield c. 2 mt of additional aggregate from the existing consented area, which will extend the quarry’s life by 8 years at current extraction rates. You will be aware that the adopted Minerals Local Plan (MLP) shows 2 Preferred Areas for extension of Huntsmans Quarry – an area to the west and a smaller area on the north-east of the currently consented areas (technically, the proposed deepening is not a Preferred Area, but is laterally within the currently consented area). We believe that the applicants should indicate in more detail the total existing reserves at Huntsmans Quarry and how they see the proposed deepening application relating to any future plans to apply to work either of the Preferred Areas. Subject to the hydrological and restoration issues raised above, it may be that deepening would be less damaging, in landscape and amenity terms, than lateral extension.
Whilst recognising the importance of maintaining a supply of aggregate, there appears to be no reason why the above points cannot be dealt with before a planning consent is granted. We ask that your authority should ensure that they are.”
6.10 Cotswold Conservation Board The Cotswolds Conservation Board raise no objections to the proposal.
6.11 Gloucestershire Geology Trust Gloucestershire Geology Trust make the following comments: “ The proposed deepening and extension of Huntsmans Quarry … offers an excellent chance to improve access to and understanding of the geodiversity in this area. Not only do these sites improve access to the geodiversity but
DCJULY06 2/COMREPS 20 they are the industrial archaeology sites of the future and should not be completely obliterated by restoration works. … The planning application proposes an area of quarry face at the western edge of the site be retained following restoration. … Borehole investigations have indicated the presence of a geological fault crossing the area laid out in the plans. The section of retained quarry face would expose this fault, adding greatly to the geodiversity interest of the site, and to its value for education and research. The site will be very likely to qualify as a RIGS and will complement the existing geodiversity value of the nearby geological SSSI. The proposed face will expose strata below that currently exposed at the SSSI, in the Fullers Earth and Chipping Norton Limestone Formations, and will increase the geodiversity value of the site. … Therefore Gloucestershire Geology Trust support the proposed restoration plans for Huntsmans Quarries Ltd, leaving sections of bare rock exposed as a geodiversity resource following restoration of the quarry site.”
6.12 The Local Councillor Councillor Gillams, the local Member, makes the following comments: “I still object to this on the grounds it extends the life of a quarry at an inappropriate location where the highway infrastructure is not adequate to cope with the HGV movements involved. It also lies in the AONB which should be protected wherever possible.
I do not accept that this eight year extension is acceptable because it delays the start of quarrying in the identified preferred areas, because there is no suggestion that the life of the preferred areas will be shortened as a result. This is an extension of the total resource not a transfer between categories. Nor do I consider the extra disturbance over a year or so of opening a preferred area can be offset against an eight year extension to the current site nuisance; they are very different time periods. The disturbance of the preferred area is being postponed not removed.
I also query the way this extension is being granted outside the normal minerals planning process and in contradiction to the Inspector’s finding that a seven year land bank should be the norm. It would seem to me a material extension of the minerals resource without undertaking a normal minerals planning process.
I shall not be able to attend the Sites Inspection or the Planning Committee, please offer my apologies, but would be grateful if my views could be conveyed to the members involved. I hope they will also have a chance to inspect the northbound section of Buckle Street which is in a very poor condition and was not designed for this weight of traffic.
If the Committee are minded to approve there is local concern at speeding lorries past the Stepping Stones Nursery on Buckle Street, there is strong support for a 40mph speed limit at that point which an extension of the quarry life would make even more desirable. If funds could be put aside as part of the Conditions attached to the scheme, it could help progress this issue.”
7.0 OBSERVATIONS OF THE HEAD OF PLANNING
7.1 Landscape Architecture The County Landscape Architect makes the following comments:
DCJULY06 2/COMREPS 21 “Having visited the site and assessed the surrounding landscape, I am not concerned that deepening the quarry will have an adverse visual impact on the surrounding landscape.
There is an existing quarry on the site that has been screened by tree and hedge planting. Figure 3 in the Non-technical Summary shows the existing site conditions, including an earth bund on the north-eastern and north- western boundaries which provides additional visual screening from the roads.
Figure 4 shows phase 1 of the extraction. The proposed silt lagoons will be less visible from the road to the north as they will be deeper. Figure 5 shows phase 2 and Figure 6 shows phase 3, with the working face of the quarry moving progressively further away from the road to the north.
Figure 7 shows the final restoration of the quarry, which will produce a deep bowl shape. The steepest slope is on southern boundary, which will be reinstated with species rich grassland and scrub. Three fields will be reinstated, one on the flat ground at the bottom of the quarry, one with the south facing slope and one with a west facing slope, which should ensure that these fields have adequate sunlight. These fields will be inward looking and so have little visual impact on the surrounding landscape. The southeast corner will be planted as a block of woodland that, in time, will contribute to the visual quality of the surrounding landscape.
None of the issues raised by Figures 4 to 7 in the Non-technical Summary would appear to cause a greater adverse visual impact on the surrounding landscape than does the existing quarry on this site.
We therefore have no objections to the proposals.”
7.2 Planning This application is for the deepening of most of the existing extraction area of Huntsmans Quarry and associated amendments to the phasing and restoration schemes and the development of a succession of silt lagoons. The area covered by this application is 30.6 hectares and the entire site lies within the Cotswolds AONB. The proposed deepening will be approximately 12 metres below that permitted under planning consent CD.0165/1/G which was granted in 1996, and was subsequently varied in 2001 by consent CD.0165/1/P with regards to the restoration scheme.
7.3 This proposal will entail deepening the existing extraction to go through the Fullers Earth clay layer that lies immediately below the Taynton and Eyford limestone formations. The Fullers Earth clay formation has an average depth of approximately 4 metres, although faulting means that it is uplifted in the southern part of the site. The Fullers Earth clay will be set aside for restoration purposes, although some may be sold if a market for the product can be found. This matter would be subject to a planning condition that would enable the Minerals Planning Authority (MPA) to retain control over the amount of clay to be removed from the site. Below the Fullers Earth clay horizon lies the Chipping Norton limestone which is approximately 8 metres deep and which will be extracted and sold as aggregates and chippings. Wherever possible it will be in the applicant’s financial interest to sell the Chipping Norton limestone as building stone rather than aggregates. Below the Chipping Norton limestone lies a band of Roundhill Clay which is approximately 2 metres in
DCJULY06 2/COMREPS 22 depth and this clay band will not be disturbed. The Fullers Earth clay horizon has already been breached in part of the Huntsman quarrying complex and the hydrological impacts of the deeper working are considered in section 7.21 of this report.
7.4 Although immediately adjacent to the Huntsmans Quarry Preferred Area this actual site it is not technically a Preferred Area as allocated in the MLP, although it is identified by the MLP as an existing area with permission. The issue of deepening existing extraction consents was not specifically dealt with in the MLP in terms of allocating these as Preferred Areas. However, Policy M1 of the Structure Plan Second Review (SP2nd ) does give a broad brush recommendation that extensions to existing quarries are preferable to developing Greenfield sites. Therefore this proposal needs to be considered under the terms of Policy A4 of the MLP which does allow working outside Preferred Areas providing it can comply with policy A4 and the other aims, objectives and policies of the MLP. Policy A4 part B refers to development at existing minerals sites. One of the criteria recommends allowing mineral resource to be exploited that would otherwise be impractical to work. The most practical time to work this underlying resource is at the present since extraction in the future would entail disturbing the restoration scheme and would give rise to storage and handling problems for the clay. Should consent for this application not be granted then the applicant would in the future be likely to make an application for one of the two Preferred Areas to the north- east and north-west of the site subject to this application.
7.5 Cotswolds AONB MLP Policy E2 allows for mineral development in AONBs only where the development meets a range of criteria and other planning policies relating to the AONB seek to ensure that the AONB is protected and enhanced. SP2nd Policy NHE.4, Structure Plan Third Alteration (SP3rd) MR.1 and Cotswold Local Plan (CDLP) Policy 7 also apply. The MLP does make provision for further mineral extraction at Huntsmans with the identification of two Preferred Areas.
7.6 This application is for the deepening of the existing site, as opposed to the MLP Preferred Areas which represent lateral extensions. The alternative to this current application involving extraction from either of these Preferred Areas is more akin to a ‘greenfield’ site. As this is the deepening of an existing consented and operational area I consider that the alternative lateral extensions would represent a more environmentally constrained source of supply in landscape terms and thus would have a greater impact on the AONB. The Landscape Architect’s comments also note that the revised landscaping and restoration proposals have no greater impact than that currently approved.
7.7 Turning to the issue of the need for the mineral, the aggregates produced by Huntsmans serve a local niche and contribute towards the county’s regional apportionment. The issue of maintaining supply from this site contributing to the county’s regional apportionment has been accepted in principle by the MLP and there has been no change to AONB policy since. The walling and building stone that is produced from the quarry is used locally in the Cotswold vernacular architecture and drystone walls which are some of the key features of the Cotswolds AONB, and their sympathetic repair and maintenance is important in enhancing and conserving the character of the AONB.
DCJULY06 2/COMREPS 23
7.8 Extraction History This application is for the deepening of the quarrying operations that were permitted under consent CD.0165/1/G, as amended by consent CD.0165/1/P. Should this application be granted it would have the effect that two separate planning permissions were in place for the same area of land, i.e. one application allowing quarrying down to a certain level and one allowing for an additional deepening. Therefore, in order to avoid confusion as to which consent is being operated at which time, I propose to replicate those conditions of the previous consent wherever possible and relevant. It will also be important to attach any other relevant planning conditions that reflect the specific nature of this deepening application and the fact that 10 years have elapsed since the extant extraction consent was granted.
7.9 Reserves and Output The applicant has indicated that there are approximately 4.3 million tonnes of consented reserves still to be taken from the current extraction area, and that this proposal would add an estimated additional 2.1 million tonnes of reserves. Based on past levels the predicted sales tonnage is 282,000 tonnes per annum, of which 250,000 tonnes is aggregates and 25,000 tonnes is agricultural lime, with the remainder being walling, block and rockery stone. The permitted reserves, based on past aggregates sales, give the site a life of 15 years and this proposal would give in the region of 8 to 9 additional years.
7.10 It could be argued that this application is premature, since there are some 4.3 million tonnes of permitted reserves remaining. However, quarrying under the current permission with the ongoing restoration of the site means that the limestone reserves below the Fuller Earth Clay would increasingly be sterilised if they are not taken out now as part of an amended working scheme for the existing quarry. This proposal will allow these mineral resources to be worked in a manner which will have minimal additional impact on the local environment, supplying established markets in the local area.
7.11 The principle of continued extraction at Huntsmans, subject to suitable applications, is accepted in the MLP with the identification of two preferred areas. Both would be lateral extensions discreet from the current quarry area. As such the issue of timing and associated ‘release’ of reserves would not be dependent on the current quarry operations and could be determined at a later date when the level of permitted reserve would be at a lower level. As mentioned above, lateral extensions would represent a more environmentally constrained source of supply in landscape terms than the current option. It is therefore considered that the application does comply with MLP Policy A4 B.3 in that it will allow the working of a reserve that would otherwise be impractical to exploit.
7.12 The County landbank period for crushed rock aggregates (i.e. the estimated time within which the stock of reserves with planning permission will last) is between 8 and 11 years depending on the basis of which apportionment figure is used. The first figure is based on the figures contained in the adopted Minerals Local Plan and if the Cotswolds crushed rock reserve is used separately for that resource area, the landbank period would be longer than the overall County figure. The second figure is based on the revised Regional Guidelines which have now been apportioned and included within the Regional Spatial Strategy (RSS) which was published for consultation in June
DCJULY06 2/COMREPS 24 2006. While the RSS will not be adopted until around 2008, the revised apportionment is a material consideration for development control purposes until formally incorporated in revised Development Plans. Also the landbank period is based on the latest up to date figures of 2004 therefore the actual landbank will be lower as no new reserves for crushed rock have been as yet permitted in the intervening period. MLP Policy A2 seeks to maintain a landbank of reserves throughout and at the end of the Plan period of at least 7 years for crushed rock. As the MLP is 'saved under the transitional arrangements' of the Planning and Compulsory Purchase Act 2004, for at least three years or until replaced by new style development plans, quite clearly the current landbank is close to the minimum period. This proposal would potentially contribute around a year or so to the County landbank. Therefore this proposal will contribute to maintaining a landbank in accordance with MLP Policies A1 and A2, SP2nd Policy M1 and SP3rd Policy MR. 20.
7.13 Landscape and Restoration The proposed development site lies within the Cotswolds AONB. The proposed deepening will mean that a deeper ‘bowl’ with longer slopes would be left after the additional quarrying has taken place. Most of the Fullers Earth clay will be put back onto the quarry sides in order to provide suitable slope gradients at the margins of the site. The applicant proposes that the final slope gradients are in accordance with the recommendations of the report ‘Secure and Sustainable Final Slopes for Small to Medium Sized Quarries’1. The final depth of the quarry floor in places, and particularly in the south- eastern part of the site, could therefore be up to 12 metres deeper than as proposed under the current extraction consent.
7.14 The Landscape and Visual Impact Assessment, included in the Environmental Statement, notes the area of the site is defined as High Wold Landscape Character type 7 which includes elevated areas of plateau surrounded by deeply incised valleys, according to the Cotswolds AONB Landscape Character Assessment 2. The area is predominantly pasture with some improved pasture/grass leys and prior to any mineral extraction, the agricultural land classification for the quarry area was predominantly subgrade 3b with approximately one third of the area classified as subgrade 3a.
7.15 As the site already has consent for extraction the main landscape issues of this proposal relate to prolonging the life of this site and the ability of the site, if deepened, to be restored to a standard that will complement the surrounding landscape. The Landscape and Visual Impact Assessment identifies the major views into the site as being from the nearby public rights of way and Buckle Street. However, these views of mineral working already exist and the deepening will primarily affect the duration of time that mineral workings are exposed within the landscape.
7.16 The surrounding topography slopes from the north-west down to the south- east and the proposed restoration envisages a long slope down from the southern boundary of the site. This slope drops from 232 m Above Ordnance Datum (AOD) down to 212 m AOD in the south-eastern part of the site and
1 Secure & Sustainable Slopes for SME Quarries March 2004 Geoffrey Walton Practice & David Jarvis Associates 2 Cotswolds AONB Landscape Character Assessment April 2004 DCJULY06 2/COMREPS 25 218 m AOD down to 192 m AOD in the south-eastern part of the face. The steepest part of the slope would have a final restoration angle of approximately 350 and it would be used for arable farmland and a species rich grassland and scrub. The restored quarry floor would consist of 3 no. arable fields bounded by hedgerows and the south-eastern corner of the quarry site would be restored to woodland with a small area of we grassland. Whilst the proposal would lead to a deeper ‘bowl’ overall than under the existing consent, I have no evidence that the site cannot be brought back to a suitable standard of restoration.
7.17 Concerns have also been raised in connection with the importation of waste material to help restore the site. The proposal does not include infilling with imported material. However, should future markets be found and the material is exported, there could be an issue about the amount of material available for restoration. The matter of the exportation of the Fullers Earth therefore needs to be addressed by a suitable condition. Planning conditions are also proposed to specify the hedgerow and woodland species to be planted and to provide for aftercare and management. The County’s Landscape Architects have not objected to the proposal and therefore I consider that this proposal accords with MLP Policies E2 and R1, and CDLP Policy 7.
7.18 Ecology The Ecology section of the Environmental Statement refers to the site’s Biodiversity Action Plan (BAP) and continuing association with English Nature (EN), Plantlife and the Farming and Wildlife Advisory Service (FWAG) as representing the best practical means for securing long-term improvements for biodiversity at Huntsmans Quarry. The site’s prepared BAP in conjunction with FWAG and involvement with EN and Plantlife, is suggested to implement the most practical ‘on the ground’ means of achieving higher population rates in species such as the Cotswold Pennycress (Thalspi perfoliatum) which requires disturbed ground for germination.
7.19 The deepening and extension of limestone extraction is considered by the applicant, qualified by the information in the Environmental Statement, to present no additional effects upon the nature conservation interests of Huntsmans Quarry primarily as a large part of the site is currently an operational quarry. Huntsmans Quarry have signed up to a BAP for the entire site and any aftercare scheme can be required by condition to have regard to biodiversity objectives. The applicant has given a commitment that the Huntsmans BAP, that was submitted in association with the aggregates recycling application, will be extended to cover the current quarry area when restoration is imminent. There are ecological opportunities that may include additional potential habitat for reptiles and flora. A suitable planning condition will require Huntsmans Quarries to investigate and implement biodiversity conservation and enhancement to this part of the quarry complex.
7.20 The proposed restoration works will be similar to that allowed for under the existing extraction consent but will also have the following additional ecological enhancements: species rich grassland and scrub, wet grassland and proposed rollover slopes with additional habitat potential. Whilst the letter of representation questions the biodiversity contribution of the proposal, the proposal will offer biodiversity gains and the operator’s track record of working with other organisations such as EN and Plantlife demonstrates their commitment to biodiversity. The restoration also proposes the retention of part
DCJULY06 2/COMREPS 26 of a quarry face which will add to the geodiversity interest of the site. Therefore, with appropriate conditions including a requirement that this site is entered into the overall Huntsmans BAP via an aftercare scheme, I consider that this proposal accords with MLP Policies E10, R1 and R2 and also CDLP Policy 9.
7.21 Hydrology A hydrological report was provided as part of the Environmental Statement and it confirmed that there would be no working in the perennial groundwater table, and groundwater abstraction would not be affected by the proposals. The report identified an inferred groundwater flow towards the south-eastern corner of the application site. The report found that although the Fullers Earth clay is an aquiclude (impermeable beds of geologic material that hinder or prevent groundwater movement), and that a perched water table exists in the overlying Eyford limestone formation, there should be no increased risk of contamination to the Eyford Limestone aquifer. The Eyford limestone formation is currently unconfined and therefore potentially open to contamination from, for example, farming sources. The report also considered that the proposals only represented a marginal increase in vulnerability to the lower aquifers. At present the aquifers are affected by natural faulting connecting the various strata, with the effect that impermeable layers are naturally breached thus allowing groundwater to flow downwards through the fault zones.
The CPRE raise the issue of the Fullers Earth clay band and its role in protecting groundwater in the Eyford aquifer and this is also referred to by the local resident who made representations. The Fullers Earth clay band has been worked elsewhere in the Huntsmans complex and the hydrological report took account of the implications of working through this band. As discussed above, the hydrological report found no additional risk to this perched aquifer or the main aquifer either in terms of groundwater or recharge. The Environment Agency has accepted the findings of the hydrological report and not objected, subject to conditions, to this proposal. Therefore I consider that this proposal accords with MLP Policies E11 and E2, and CDLP Policy 6.
7.22 Noise and Dust Although the operations at the quarry do give rise to audible noise, there is no history of noise complaints from local residents. Recently the company have been trialling the use of a ripper rather than a breaker for the excavation of some of the stone strata and it is proposed to use this as the main method of extraction. This is quieter than the breaker and in association with the deepening of the excavations means that the potential for additional noise to be generated from the proposal is unlikely. There have been no objections to this proposal on the grounds of noise. Therefore I consider that this proposal does not conflict with MLP Policy DC1 in terms of noise. There is not a history of dust complaints from this site and the deepening is not considered likely to give rise to significant dust problems. In order to protect against the production of excessive dust a planning condition requiring the submission of a dust suppression scheme is recommended. I consider that this proposal does not conflict with MLP Policy DC1 in terms of dust.
DCJULY06 2/COMREPS 27 7.23 Agricultural Land The original agricultural land classification for this site was grade 3a and 3b. Planning policies seek to protect the best and most versatile agricultural land which is classified as grades 1, 2 and 3a. The principle of working this quality of agricultural land was considered and accepted with the previous permission and this application whilst presenting revised restoration proposals still provides for the majority of the site to be restored to arable farmland. With suitable conditions regarding restoration it is not considered that the proposal conflicts with MLP Policy E7 and Policy R1 as the proposal would not result in the loss of high grade agricultural land.
7.24 Highways and HGV Movements The applicant has indicated that the deepening of the quarry would not lead to any increase in vehicle movements on a daily basis; it would just extend the time span over which extraction occurs. The application is proposing no change to current traffic levels and would use the existing site access, with the quarried stone transported under Buckle Street to the plant site for processing before removal off site. At the moment there are no output limits on any of the Huntsmans consents, so it is in effect the ability of the quarry to extract and sell minerals that historically has governed the site’s output and correspondingly the hgv movements.
7.25 Concerns have been raised by two of the Parish Councils, the CPRE, the local Member and a local resident about the condition of Buckle Street and the increasing number of hgv’s in the area. The County Highways representative has considered the matter of road maintenance and whether this would be appropriate to form part of a Section 106 legal agreement as part of this application. However, he considers that in this situation provision under other legislation to recover extraordinary highways maintenance costs could be applied in this case to cover any deteriorating of Buckle Street that can be attributed to Huntsmans operations. As regards the issue of hgv movements, the applicant does not propose any increase in numbers although their duration would increase if the life of the quarry was extended. As Preferred Areas were included for Huntsmans in the MLP, the principle of continued working at the site in terms of its AONB location and highways implications were looked at and found to be broadly acceptable by the Inspector at the MLP Inquiry. As regards the issue of reducing the speed limit along part of Buckle Street, I understand that in the past the police have not been supportive such a reduction.
7.26 Huntsmans Quarry complex has changed over the years and recent applications have sought to diversify the range of operations carried out at the site. Examples of this include the installation of a concrete plant and an aggregates recycling facility within the ‘old’ quarry area. In the light of such diversification, allied to a proposal that would increase the life of minerals extraction at the site by approximately 8 years, I consider that it would now be appropriate to set an overall tonnage limit on material leaving the site to ensure that uncontrolled increased development does not cause an unacceptable impact on amenity to the locality. This would require the operator to apply for planning permission for any substantial increase in activities at Huntsmans which would enable any impacts of to be fully considered. Setting a limit is difficult and should recognise the fact that Huntsmans currently have no production limits and the MPA needs to be reasonable in setting a limit. I therefore propose a limit of 500,000 tpa to
DCJULY06 2/COMREPS 28 include all the activities at Huntsmans Quarry. Noting the comments of the Highways Representative, and the imposition of appropriate conditions, I therefore consider that the proposal accords with MLP Policies E19 and E20.
7.27 Enforcement and other applications A local resident has made allegations that Huntsmans do not comply with planning conditions on their existing consents and that potentially polluting material has been tipped at the Kineton Thorns site. Although these issues are not directly relevant to this applicant they merit a response. Complaints about the operations at Huntsmans Quarry are relatively few and tend to be about sludge being carried out onto Buckle Street in times of inclement weather or when the wheel wash is not working. The applicant has increased the area of concrete in the vicinity of the main site access and this has helped to alleviate this problem. There has been an instance when inappropriate material was brought onto the Kineton Thorns site but the final check of material carried out by the operator meant that this was not finally used for infilling at the site.
7.28 Human Rights From 2 October 2000 the Human Rights Act 1998 has the effect of enshrining much of the European Convention on Human Rights in UK law. Article 8 of the Human Rights Act 1998 guarantees a right to respect for private and family life, and Article 1 of the First Protocol guarantees the right to peaceful enjoyment of possessions. The information submitted by the applicant together with the comments from some of the statutory consultees indicate that this proposal is not incompatible with the rights of local residents and users of nearby facilities under Articles 1 and 8. It may, however, represent an interference in those rights. These rights are qualified, and have to be set against the need for an establishment of this nature, and therefore this interference is considered to be justified.
7.29 Conclusions and summary reasons for grant of planning permission and relevant development plan policies and proposals. This application is for deepening of the existing working area at Huntsmans Quarry and the application has been accompanied by an Environmental Statement that has been taken into account when assessing the proposal. There have been no outright objections from any of the statutory consultees or members of the public, although issues of concern have been raised covering the potential impact on hydrology, landscape and traffic.
7.30 The applicant has submitted a hydrological report that shows that the proposal will have no significant effect on the either main or perched water table and will not increase the risk of pollution to nearby private water supplies or water bodies. This application does not propose additional hgv traffic above the existing level at the site, although the proposal will see an increase to the duration of operations at the site. To control traffic levels and ensure that any future changes can be assessed an overall production limit is recommended. The landscape assessment indicates that the deepening of the existing working will not have any significant visual impact and that the site can be restored back to agriculture and with additional areas of biodiversity and geodiversity interest.
7.31 The application is located in the Cotswold AONB and although not identified as a Preferred Area in the MLP it lies adjacent to two Preferred Areas.
DCJULY06 2/COMREPS 29 However this proposal represents a more sustainable option than the working of these Preferred Areas and contributing to the County’s supply of crushed rock, with the building stone materials making an important contribution in helping to maintain the Cotswold AONB. Therefore I consider that this application is acceptable and accords with the relevant development plan policies, particularly A1, A2, A4, E2, E19, E20, R1, R2 and DC1 of the adopted Gloucestershire Minerals Local Plan. This application has been determined in accordance with the Town and Country Planning Acts, and in the context of the Government’s current planning policy guidance and the relevant circulars, together with the relevant Development Plan policies, including the following:
Gloucestershire Structure Plan Second Review – policies M.1, M.3, M.4, M.7 and NHE.4. Gloucestershire Structure Plan Third Alteration Deposit Draft - policy MR.6, MR.14, MR.16, MR.17, MR.18, MR.19 and MR.20 Gloucestershire Minerals Local Plan – policies A1, A2, A4, DC1, E2, E7, E10, E11, E19, E20 R1and R2. Cotswold District Local Plan 2001-2011, adopted April 2006 – policies 1, 4, 6, 7 and 9.
The summary of reasons for granting approval are as follows:
Taking account of the environmental statement and noting the location of the site in the Cotswold AONB the Council is of the opinion that the proposed development will provide a valuable contribution to meeting demand for crushed rock and building materials whilst not conflicting with the objectives of the AONB, gives rise to no material harm, is in accordance with the development plan and that there are no material considerations that indicate that the decision should be made otherwise.
8. RECOMMENDATIONS
Therefore I recommend that planning permission be GRANTED subject to the following conditions:
CONDITIONS
Commencement 1. The development hereby permitted shall commence within three years from the date of this permission.
Reason: To comply with Section 91 of the Town and Country Planning Act, 1990.
2. The operator(s) shall notify the Minerals Planning Authority in writing within 7 days of the date of commencement of development.
Reason: To enable the Minerals Planning Authority to monitor the operations and ensure compliance with this permission in the interest of the amenity of the area in accordance Policies E2 and DC1 of the Gloucestershire Minerals Local Plan.
Method of Working
DCJULY06 2/COMREPS 30 3. Unless varied by other conditions of this consent, or unless otherwise agreed in advance and in writing by the Minerals Planning Authority, the development shall be carried out in accordance with the scheme of working outlined in the submitted application form, environmental statement, supporting information and Figure 1 ‘Site Location Plan’ dated February 2006, Figure 2 ‘Ownership Plan’ dated April 2006, Figure 4 ‘ Indicative Phase 1 Extraction’ dated April 2006, Figure 5 ‘Indicative Phase 2 Extraction’ dated April 2006, Figure 6 ‘Indicative Phase 3 Extraction’ dated April 2006, Figure 7A ‘Proposed Restoration’ dated November 2005, Figures 8 & 9 ‘Proposed Restoration Sections’ both dated April 2006.
Reason: To ensure that the development is carried out in accordance with the details in the submitted planning application in the interest of the amenity of the area in accordance Policies E2 and DC1 of the Gloucestershire Minerals Local Plan.
4. No access other than the underpass/tunnel under Buckle Street from the exiting quarry onto the east side of Buckle Street shall be used in connection with the carrying out of the development hereby permitted.
Reason: To ensure that the development is carried out in accordance with the details in the submitted planning application in the interests of highway safety and the amenity of the area in accordance Policies E2, E19 and DC2 of the Gloucestershire Minerals Local Plan.
Duration of consent 5. The development hereby permitted shall cease by no later than 31 December 2026.
Reason: In the interests of the amenity of the area in accordance with Policies DC1, A4 and E2 of the Gloucestershire Minerals Local Plan.
Hours of Working 6. No winning and working of minerals including crushing, loading, carrying and processing of excavated or stockpiled rock and stockpiling shall be carried out except between the following hours: Monday to Friday 07:00 to 18:00 hours; Saturday 07:00 to 13:00 hours There shall be no operations on Sundays, Public and Bank Holidays, unless otherwise agreed in advance and in writing with the Minerals Planning Authority.
Reason: In the interests of the amenity of the area in accordance with Policies DC1, A4 and E2 of the Gloucestershire Minerals Local Plan.
Depth of working 7. The maximum depth of excavation shall take be 12 metres below that consented under permission CD.0165/1/G (i.e. to a maximum depth of 188 metres AOD). For the avoidance of doubt this depth shall be no more than 8 metres below the Fullers Earth clay formation wherever it outcrops across the application site.
Reason: In the interests of hydrology and the restoration of the site in
DCJULY06 2/COMREPS 31 accordance with Policies E11 and R1 of the Gloucestershire Minerals Local Plan.
8. No excavation shall take place into the Roundhill Clay Formation.
Reason: In the interests of hydrology and the restoration of the site in accordance with Policies E11 and R1 of the Gloucestershire Minerals Local Plan.
Soil handling 9. Topsoils and subsoils shall only be handled when they are in a dry and friable condition.
Reason: In order to minimise damage to the soil structure in accordance with Policy R1 of the Gloucestershire Minerals Local Plan.
Noise 10. Between 0700 and 1800 hours Monday to Friday, and 0700 to 1300 hours Saturday the noise caused by operations at the site (except for ‘temporary operations’ that shall be agreed in advance and in writing with the Minerals Planning Authority) shall not exceed 55 dB LAeq (1 hour) free field, as measured or calculated from the appropriate boundary of the nearest noise sensitive property.
Reason: To protect the amenity of the local environment in accordance with Policies DC1 and E2 of the Gloucestershire Minerals Local Plan.
Waste 11. All mineral waste, soils and subsoils shall be retained on site for use in landscaping and restoration works.
Reason: In the interests of the amenity of the area and the restoration of the site in accordance with Policies DC1, R1 and E2 of the Gloucestershire Minerals Local Plan.
12. No restoration or other material, including top soils or subsoils, shall be imported to the site as part of the restoration scheme.
Reason: In the interests of highway safety and the amenity of the area in accordance with Policies DC1, R1 and E2 of the Gloucestershire Minerals Local Plan.
Buildings and Plant 13. Notwithstanding the provisions of parts 19 and 21 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order, 1995 (or any Order amending, replacing, or re-enacting that Order), no fixed plant or machinery, buildings or structures shall be erected, extended, installed or replaced on the site, without the prior written approval of the Minerals Planning Authority.
Reason: In the interests of amenity and the appearance of the proposed development in accordance with Policy DC2 of the Gloucestershire Minerals Local Plan.
DCJULY06 2/COMREPS 32 14. Within two months of written notification from the Minerals Planning Authority that any plant, machinery or buildings remaining on the site are no longer required for the purpose for which they were installed or erected, all plant, machinery or buildings to which such determination relates shall be removed from the site.
Reason: In the interests of the amenity and appearance of the proposed development in accordance with policy DC2 of the Gloucestershire Minerals Local Plan.
Access, traffic and protection of the highway 15. No loaded lorries shall leave the Huntsmans Quarry main entrance, as outlined in blue on Figure 2 dated April 2006, unsheeted except those only carrying stone in excess of 500 mm.
Reason: In the interests of highway safety in accordance with policy E19 and policy E20 of the Gloucestershire Minerals Local Plan.
16. The combined overall output of all primary and recycled aggregates, lime, soils, building and walling stone and concrete exported from the overall Huntsmans Quarry site, as outlined in both red and blue on Figure 2 dated April 2006, shall not exceed 500,000 tonnes in any calendar year. For the avoidance of doubt a calendar year is from 1st January to 31st December inclusive.
Reason: In the interests of highway safety and the amenity of the area in accordance with policies E2, E19 and DC1 of the Gloucestershire Minerals Local Plan.
17. From the date of this permission, the operators shall maintain records of their quarterly aggregates production and quarterly records of all the minerals, recycled aggregates, soils, lime and concrete exported from the overall site, as outlined in both red and blue on Figure 2 dated April 2006, and shall make these records available to the Minerals Planning Authority on a monthly basis at any time upon request. All records shall be kept for at least 24 months.
Reason: In order that the Minerals Planning Authority can monitor the output of the site and in the interests of highway safety in accordance with Policies DC1 and E19 of the Gloucestershire Minerals Local Plan.
18. No commercial vehicles shall enter the public highway unless their wheels and chassis have been cleaned to prevent material being deposited on the highway.
Reason: In the interests of highway safety and the amenity of the area in accordance with Policies E20 and DC1 of the Gloucestershire Minerals Local Plan.
Pollution prevention 19. Any oil, fuel, lubricant, and other potential pollutants shall be handled on the site in such a manner as to prevent pollution of any watercourse or aquifer. For any liquids other than water, this shall include storage in suitable tanks and containers which shall be housed in an area surrounded by bund walls of sufficient height and construction so as to contain 110% of the total contents
DCJULY06 2/COMREPS 33 of all containers and associated pipe work. The floor and walls of the bunded areas shall be impervious to both water and oil. The pipes should vent downwards into the bund.
Reason: To minimise the risk of pollution of watercourses and aquifers and in accordance with Policy E11 of the Gloucestershire Minerals Local Plan and Structure Plan Second Review Policies W1 and P1.
20. No dewatering of the site shall occur without the prior written consent of the Minerals Planning Authority.
Reason: To ensure that the works do not disrupt the hydrogeological regime in accordance with Policy E11 of the Gloucestershire Minerals Local Plan.
21. Unless otherwise agreed in advance and in writing with the Minerals Planning Authority, only clean uncontaminated rock, clay and subsoil shall be permitted as infill material when restoring the site.
Reason: To minimise the risk of pollution of watercourses and aquifers and in accordance with Policy E11 of the Gloucestershire Minerals Local Plan and Structure Plan Second Review Policies W1 and P1.
Dust Control 22 Within 6 months of the date of this consent a scheme for dust control shall be submitted to the Minerals Planning Authority for its written approval. Thereafter the approved scheme shall be implemented and maintained for the duration of operations at the site.
Reason: To protect the amenity of the local environment in accordance with Policy DC1 of the Gloucestershire Minerals Local Plan.
Blasting and Vibration 23. No blasting shall be carried out on site at any time.
Reason: To protect the amenity of the local environment in accordance with Policy DC1 of the Gloucestershire Minerals Local Plan.
Floodlighting and other illumination 24. Unless otherwise agreed in writing with the Minerals Planning Authority, no floodlighting or other illumination shall be used on the site.
Reason: To protect the amenity of the local environment in accordance with Policy DC1 of the Gloucestershire Minerals Local Plan.
Restoration and Aftercare 25. Within 1 year of the date of this consent, a detailed restoration scheme, based on Figure 7A dated November 2005, including restoration phasing, treatment of the boundary slopes of the site and planting proposals for the hedgerow and woodland areas, shall be submitted to the Minerals Planning Authority for its written approval. Thereafter the approved scheme shall be implemented.
Reason: To protect the amenity of the local environment in accordance with Policies R1, E2 and DC1 of the Gloucestershire Minerals Local Plan.
DCJULY06 2/COMREPS 34 26. Any trees, shrubs and hedges planted in accordance with the restoration scheme approved scheme shall be maintained. Any plants, within five years of planting, which die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing with the Minerals Planning Authority.
Reason: To ensure that the site is reclaimed in a condition capable of beneficial afteruse and in the interests of amenity and in accordance with Policies E2, R1 and R2 of the Gloucestershire Minerals Local Plan.
27. If the winning and working of minerals stops for a period of more than 12 months before the completion of the approved restoration scheme a modified restoration scheme to include aftercare details shall be submitted for approval to the Minerals Planning Authority. This scheme shall be submitted within 1 year of the winning and working stopping, or within such other period as may be otherwise agreed in writing with the Minerals Planning Authority. The approved scheme shall be carried out within one year of the written approval unless otherwise agreed in writing with the Minerals Planning Authority.
Reason: In the interests of the amenity of the local area and to ensure that the quarry is restored to an acceptable condition in accordance with Policies R1 and R2 of the Gloucestershire Minerals Local Plan.
28. An aftercare scheme, requiring such work as may be necessary to bring the restored land to the required standard for agriculture, amenity and conservation afteruse shall be submitted for the written approval of the Minerals Planning Authority not later than one year before the cessation of mineral working at the site. The approved scheme shall be implemented as approved unless any variation is agreed in writing with the Minerals Planning Authority.
Reason: In the interests of the amenity of the local area and to ensure that the quarry restoration is successful in accordance with Policies DC1, R1 and R2 of the Gloucestershire Minerals Local Plan.
29. A management plan for the restoration of the site shall be submitted to, and approved in writing by, the Minerals Planning Authority before the restoration works are commenced. This management plan shall accord with the biodiversity objectives of the Huntsmans Biodiversity Action Plan (dated 3rd October 2003 as approved under planning consent CD.165/1/S) and shall be implemented for a minimum duration of 10 years following the cessation of quarrying operations.
Reason: To maximise the ecological and amenity value of the restored site in accordance with Policies E10, R1 and R2 of the Gloucestershire Minerals Local Plan.
Notes to Applicant 1. For the avoidance of doubt this planning permission relates to the deepening of that part of Huntsmans Quarry where extraction was permitted under planning consent CD.0165/1/G. However, the sole access to the public
DCJULY06 2/COMREPS 35 highway shall be via the main quarry entrance that is contained within the area of land on the eastern side of Buckle Street and outlined in blue on Figure 2 dated April 2006.
2. The Highways Authority may seek to recover extraordinary highways maintenance from the applicant under the terms of the Highways Act 1980.
BACKGROUND PAPERS
Application form, plans and supporting information. Consultation responses.
CONTACT OFFICER:
Gavin Jones, Principal Planning Officer – Development Control 01452 426884 Gillian Parkinson, Team Manager Environmental Services, Legal Services 01452 425212
Application History. Consultee Time taken Cotswold District Council 6 weeks Naunton Parish Council 3 weeks Temple Guiting Parish Council 5 weeks 5 days Upper Slaughter Parish Council 5 weeks Environment Agency 4 weeks 5 days Countryside Agency 1 week 5 days English Nature 2 weeks 1 day Cotswold Conservation Board 6 weeks 4 days County Highways 8 weeks 1 day County Ecologist 2 weeks County Landscape 1 week County Archaeologist 2 weeks 1 day CPRE 7 weeks 4 days GOSW 2 weeks 1 day Time taken 12 weeks 6 days
DCJULY06 2/COMREPS 36