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Intention to Grant Planning Permission Letter and Report

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Intention to Grant Planning Permission Letter and Report Local Government and Communities Directorate Planning and Architecture Division: Planning Decisions T: E: Senior Associate Burness Paull LLP 50 Lothian Road EDINBURGH EH3 9WJ Our ref: NOD-SLS-001-1 18 February 2019 Dear NOTICE OF INTENTION TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 EXTENSION TO MINERAL EXTRACTION AND ASSOCIATED RESTORATION AND ENHANCEMENT WORKS AT HYNDFORD QUARRY, LANARK, SOUTH LANARKSHIRE, ML11 9TA 1. This letter contains Scottish Ministers’ notice of intention on the above planning application by Cemex UK Operations Limited. 2. On 29 January 2014, Scottish Ministers issued a Direction, under section 46 of the Town and Country Planning (Scotland) Act 1997, requiring the application made by Cemex UK Operations Limited dated 23 November 2012, to be referred to them for determination. This was because of the proposed development’s potential impact on the New Lanark World Heritage Site (WHS), which is internationally recognised for its outstanding universal value (OUV), and on the wider setting. The proposed development comprises both a western and southern extension. 3. Following the decision by the Court of Session dated 9 May 2017 to quash the Scottish Ministers’ previous Decision, to grant planning permission only for the southern extension, dated 7 December 2016, a targeted re-opening of the case has been conducted by the Scottish Government Planning and Environmental Appeals Division (DPEA). The application was considered by public examination with two site inspections, further written submissions and a hearing session and was conducted by Ms Allison Coard, a reporter appointed by Scottish Ministers for that purpose. A report was submitted to Scottish Ministers on 20 June 2018 and is attached in Annex A. The Proposal Site 4. The entire application site is within land designated as a rural area in the South Lanarkshire Local Development Plan 2015 (SLLDP). The boundary to New Lanark World Heritage Site (WHS) is located 600m north west of the application site. The proposed Victoria Quay, Edinburgh EH6 6QQ www.gov.scot 1 western extension area is located within the New Lanark World Heritage Site’s Buffer Zone and the Falls of Clyde (Braxfield, Corehouse and Bonnington) Historic Garden and Designed Landscape area. Both the proposed western and southern extensions areas fall within the Middle Clyde Valley Special Landscape Area (SLA).The eastern edge of the application site is located within the Upper Clyde Valley and Tinto SLA. The Clyde Valley Woodlands National Nature Reserve (NNR) and New Lanark Conservation Area are located immediately adjacent (to the west) of the application site, with small portions of the two designations overlapping the application site. The Falls of Clyde Site of Special Scientific Interest (SSSI) is located adjacent to the west of the site. No extraction operations are proposed within the NNR, Conservation Area, SSSI or WHS. There are substantial tracts of Ancient Woodland; the closest associated with the Clyde valley both abuts and falls within landholdings within the western area. A number of listed buildings and Scheduled Ancient Monuments are located in the local area, but outwith the application site. Development Plan Context 5. Under the terms of section 25 of the Town and Country Planning (Scotland) Act 1997 all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. In this case, the development plan comprises- The approved Glasgow and Clyde Valley Strategic Development Plan (2017) (Clydeplan); The adopted South Lanarkshire Local Development Plan (2015); The adopted South Lanarkshire Minerals Local Development Plan (2012); and, Associated Statutory Supplementary Guidance: -Sustainable Development and Climate Change (SG1); -Green Belt and Rural Area (SG2); -Development Management, Placemaking and Design (SG3); and, -Natural and Historic Environment (SG9). The Reporter’s Report 6. The full contextual background to the proposal is set out between pages 12 and 16 of the report. The issue of minerals supply and demand is set at pages 17-30. The issue of heritage and landscape impacts is set out at pages 31-60. Other matters are set out at pages 61–82. The conclusions of the main parties on the development plan and other material considerations is set out at pages 83–93. The reporter’s conclusions and recommendations are set out at pages 94–98 and her overall recommendation that planning permission should be granted, subject to conditions and specified planning obligations can be found at pages 97-98. A number of appendices are included at pages 99-183. The Reporter’s findings 7. The reporter finds that overall the proposed development complies with the provisions of the development plan and that there are no material considerations that would justify refusal. The reporter concludes at (paragraph 6.23) of the report that the proposal would: contribute to overcoming an identified shortfall in the minerals reserve (land- bank); protect and preserve the character, integrity and quality of the New Lanark World Heritage Site, its setting and Outstanding Universal Value; Victoria Quay, Edinburgh EH6 6QQ www.gov.scot 2 avoid compromise to the integrity of the Falls of Clyde Designed Landscape, its character and the objectives of its designation; safeguard listed buildings, their settings, and any features of special interest they possess; preserve or enhance the character or appearance of the New Lanark and Falls of Clyde Conservation Area; protect scheduled ancient monuments and their settings; not adversely affect the overall quality of special landscape areas; not harm nature conservation interests; support sustainable economic development; and provide an acceptable restoration scheme. Scottish Ministers’ Decision 8. Scottish Ministers have carefully considered all the evidence presented and the reporter’s conclusions and recommendations. Scottish Ministers disagree with the reporter’s recommendation to approve this application in its entirety. For the reasons given below, Scottish Ministers hereby give notice that they are minded to grant planning permission for mineral extraction and associated restoration and enhancement works for the southern extension only and to refuse planning permission for mineral extraction and associated works for the western extension at Hyndford Quarry, Lanark. Southern Extension 9. Scottish Ministers have noted that the southern extension is not located within the World Heritage Site (WHS) or its buffer zone and note that it is not in contention. Scottish Ministers accept and agree with the reporter’s conclusions that this part of the proposed development does comply with the development plan and that for this part of the proposed development there are no other material considerations to indicate that the decision should be made otherwise than in accordance with the development plan. 10. Scottish Ministers therefore accept all of the reporter’s findings in respect of the southern extension including the conclusions drawn at 4.116 that it would make a substantial contribution to the mineral supply to provide 1.4 million tonnes of mineral, and any adverse impact on designations or assets would be avoided and there would also be no significant adverse impact on the remains of non-designated assets. Western Extension 11. Scottish Ministers do not accept the reporter’s view that the western extension is in accordance with the development plan. Scottish Ministers consider that the western extension does not accord with the development plan and there are no material considerations that indicate that planning permission for the western extension should be granted contrary to the terms of the development plan. 12. As acknowledged in (paragraph 4.116) of the reporter’s report, the proposed western extension is considered to be the focus of concern and impacts, given the relatively greater sensitivity of this area within a World Heritage Site buffer zone, a Designed Landscape, a Special Landscape Area, and in proximity to a number of other heritage designations and assets. Scottish Ministers consider the western extension draws support from some development policies but that it conflicts with others, and recognise that a judgement on Victoria Quay, Edinburgh EH6 6QQ www.gov.scot 3 whether the western extension is in compliance with the development plan is accordingly finely balanced. 13. Given the acknowledged adverse effects of development within the western extension on the Bonnington Estate and wider Falls of Clyde Historic Designed Landscape and the Special Landscape Area – albeit for a temporary period – Scottish Ministers consider that these adverse impacts, on assets that include a designed landscape within the buffer zone of a world heritage site, are unacceptable. Accordingly, Scottish Minister’s consider that the proposals are not in compliance with the development plan, particularly Policy 15 in Clydeplan (Natural Resource Planning), Policy 15 of the South Lanarkshire Minerals Local Development Plan (SLLDP) (Natural and Historic Environment) and Policies MIN 1-4 (Environmental Protection and Restoration) in the 2012 Minerals Local Development Plan. Scottish Ministers have considered all material considerations and consider that there are none which indicate that planning permission for the western extension should be granted notwithstanding that it is contrary to the development plan. Detailed reasoning for disagreeing with the reporter’s findings in respect of
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