Agenda Item No 3/1
REGULATORY PANEL: 11 DECEMBER 2019
17/00027/APPM HILLHOUSE QUARRY B730 DUNDONALD A759 - COUNCIL BOUNDARY DUNDONALD SOUTH AYRSHIRE KA2 9BE
REPORT BY PLACE DIRECTORATE
Location Plan
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2.
Summary
The application proposes to amend the existing permitted quarrying operations at Hillhouse and Hallyards quarries to increase the duration of the permissions, alter and reduce the lateral extents (footprint) of both quarries, to increase the depth of the excavations and to form a link road between the quarries. The environmental effects of the proposed changes to the lateral and vertical limits of extraction are assessed as either neutral (noise, dust, blasting/vibration, water quality, cultural heritage & hydrology/hydrogeology) or beneficial (traffic, ecology, landscape and outdoor access). The link road between the quarries will involve construction within the Smugglers Trail Valley which will have negative effects on ecology and landscape/outdoor access. The ecological impacts can, however, be fully mitigated. The negative impact on the landscape and experience of walkers using the Smugglers Trail Valley footpaths can be partially mitigated through re-landscaping, however, there will be a residual effect. The residual impact is however considered to be acceptable when balanced against the significant positive impacts of the overall package of proposals that include a significantly reduced level of woodland removal within the Smugglers Trail Valley compared to the permitted extraction limits, reduced impacts on the wider landscape, reduced ecological impacts, expanded program of woodland management, reduced HGV traffic passing through Dundonald and the provision of a restoration bond. It is recommended that the Director of Place be granted delegated powers to approve this application for planning permission subject to planning conditions and a restoration bond. Further it is recommended that the applicant’s request for Waiver for unpolluted soils from the requirements of the Management of Extractive Waste (Scotland) Regulations 2010 and request for Non- Waste By-Product confirmation for all non-saleable materials generated at the site and placed directly into excavation voids be granted.
REPORT BY PLACE DIRECTORATE
REGULATORY PANEL: 11 DECEMBER 2019
SUBJECT: PLANNING APPLICATION REPORT
APPLICATION REF: 17/00027/APPM
SITE ADDRESS: HILLHOUSE QUARRY B730 DUNDONALD A759 - COUNCIL BOUNDARY DUNDONALD SOUTH AYRSHIRE KA2 9BE
DESCRIPTION: THE WINNING AND WORKING OF MINERALS AND ASSOCIATED ANCILLARY OPERATIONS AT HILLHOUSE AND HALLYARDS QUARRIES, CONSTRUCTION OF INTERNAL LINK ROAD BETWEEN QUARRIES AND FORMATION OF PATHS (CONSOLIDATION OF TWO EXISTING CONSENTED QUARRY OPERATIONS INTO A SINGLE SITE WITH A REDUCED OVERALL SITE AREA)
RECOMMENDATION: DELEGATED POWERS TO APPROVE SUBJECT TO PROVISION OF A SUITABLE BOND FOR RESTORATION AND CONDITIONS AND AGREEMENT TO THE WAIVERS APPLIED FOR UNDER THE WASTE MANAGEMENT PLAN
APPLICATION REPORT
This report fulfils the requirements of Regulation 16, Schedule 2, paragraphs 3(c) and 4 of The Town and Country Planning (Development Management Procedure)(Scotland) Regulations 2013. The application is considered in accordance with the Council’s Scheme of Delegation as well as the Procedures for the Handling of Planning Applications.
1. Proposal:
Site Description
The site is located on the outskirts of Dundonald, approximately 4km north-east of Troon, 9km north of Prestwick and 6km south of Irvine. The site extends to approximately 186 ha. The operational areas of the site can be described in two main parts, Hillhouse and Hallyards.
Hillhouse: The Hillhouse area (approximately 123 hectares) is accessed from the A759 and is occupied by existing extensive quarried areas and processing plant. It includes a series of benches and quarry faces that have been excavated into the hill. The deepest part of the excavation is approximately 18m Above Ordnance Datum (AOD) to the south, with the main bench levels at approximately 40m AOD, 48m AOD and 60m AOD. The main benches are linked by a series of ramps and internal roadways. The Hillhouse area includes extensive areas used for processing and ancillary production, which are generally located within a plant site to the west at ground levels varying between 17m and 28m AOD. This area includes plant to crush and screen aggregates, asphalt plants and concrete batching plants. The area is also used for lorry parking, weighbridges, offices, laboratories and staff welfare facilities. There are several areas used for water management and treatment and as extractive waste tips. The unworked areas of Hillhouse extend to approximately 14.6 hectares, located to the north-east and south-east. 2. These areas comprise a mixture of semi-improved grassland, deciduous woodland, scrubby moorland and wet grassland. The Hillhouse area includes part of the Dundonald Woods SSSI, contained in two separate blocks located to the northeast of the current working area and to the south east. These areas are already consented for extraction, with the woodland previously removed in preparation for extraction. The current planning permission for Hillhouse, includes permission to extract the hilltop lying between the current north eastern extent of working and Dundonald Castle. The approved lifetime of the quarry runs to 2042.
Hallyards: The Hallyards area is accessed from Old Loans Road. Currently, some 18.8 hectares of the Hallyards area is occupied by quarrying operations. It includes a number of quarry faces and benches that have been excavated into the hillside. The deepest part of the excavation is at approximately 87 AOD to the north, with the main bench levels at approximately 96m AOD and 107m AOD. Historically, aggregate was processed within the quarry and there are a number of extractive waste tips. The unstripped portion of Hallyards extends to approximately 11.6 hectares, located to the southwest and southeast. These areas are generally comprised of a mixture of semi-improved grassland, deciduous woodland and scrubby moorland vegetation. The approved lifetime of the quarry runs to 2042.
The Hillhouse and Hallyards areas are separated by a narrow steep sided valley which runs from Collenan Reservoir to a series of small hillocks to the south of Dundonald Nursing Home (“Smugglers Trail Valley”). The valley is heavily wooded and contains the Smugglers Trail core path. The current planning permission for Hallyards includes permission to excavate the eastern side of the valley, between the reservoir and Kemp Law.
Description of Proposals
The application seeks to amend the boundaries of the areas to be worked at Hillhouse and Hallyards, increase the depth of excavation and to excavate a haul road across the Smugglers Trail valley to link the two quarries. These amendments will result in an overall reduction in working area of 23 hectares between the two quarries.
Hillhouse: Within the Hillhouse area, the application proposes to relinquish an area measuring approximately 13 hectares within the northeast of the quarry. This would increase the separation between the worked area and Dundonald from circa 240m to circa 500m. Permission is also sought to extend the quarry boundary to the southeast, closer to Collenan Reservoir, to incorporate an additional circa 5 hectares of improved agricultural land. In the later phases (+15 years), it is proposed to lower the existing quarry floor from its current +20m AOD to -15m AOD within the lower (western) half of Hillhouse. At the existing average extraction rate, the applicant expects the working life of Hillhouse to be a further 75 years. Plans showing the phasing of extraction and restoration at 5, 10, 15, 50 and 70 years have been submitted with the application. Work in the initial five year period would concentrate on forming the link between the two quarries together with the placement and grading of overburden material within the existing exhausted upper workings. Between years 5 and 50, extraction would continue within the upper north eastern area of the quarry, in the direction of Dundonald. Overburden would continue to be placed within the adjacent exhausted working areas and soils spread and planted in accordance with the conceptual restoration plan. After 50 years, extraction would switch to the southeast of the Hillhouse area (towards Collenan Reservoir) with the previously worked area in the lower half of the quarry being worked last by year 75. During this later period, the main processing area of Hillhouse would move into the south eastern corner of the site. Throughout the working life of the quarry, secondary processing would continue to be carried on within the northwest of the site, adjacent to the A759. The applicant has recently demolished and cleared the large processing plant building located close to the access onto the A759.
Hallyards: The application proposes a reduced extraction area along the western side of Hallyards quarry. The current planning permission permits extraction close to the edge of Collenan Reservoir, resulting in the removal of the eastern side of the Smugglers Trail valley and the 8 hectares of woodland contained therein. The proposed extraction limit would retain the valley side and woodland. A further area on the eastern side is to be relinquished, adjacent to Old Loans Road. It should be noted that part of the Hallyards extraction area will nevertheless extend up to the edge of Old Loans Road creating views into the site. The proposal includes lowering the current quarry floor level to 60m AOD. In common with the phasing for Hillhouse, extraction work in the first five years will concentrate on the formation of the quarry access link. Between years five and ten, the extraction will progress in a northern direction, within an area previously worked in part. The benches in this area will be progressively backfilled and restored during this period. Extraction will then progress in a southern direction between years 10 and 50, again with progressive restoration.
3.
Final restoration will be completed in the period between year 50 and year 75. Crushing and screening will take place within Hallyards. The existing, third party, concrete batching plant will continue to operate within Hallyards. Upon completion of the quarry access link, mineral extracted within Hallyards will be exported via the Hillhouse access. The applicant does not however propose to block up the Hallyards access and is seeking to continue the use of this access for emergencies, plant and machinery and for the cement batching plant which is operated by a third party (CEMEX Ltd).
Quarry Access Link
A key component of the current application is the construction of a haul road linking Hillhouse and Hallyards. The purpose of the haul road is to facilitate the processing and despatch of minerals won from Hallyards area within the Hillhouse area. From the developer’s perspective this allows for more efficient utilisation of key infrastructure including the washing and grading plant, secondary processing plant and infrastructure associated with despatch operations.
A cutting, varying in width between 25m and 30m at base, will be excavated through the “back walls” of both quarries at the level of the current uppermost benches. The route will cut through the valley at a level approximately 10 metres below the existing valley floor. A ‘tunnel’ (underpass) will be formed within the central portion of the valley using, pre-formed concrete sections. The void above the tunnel sections will be backfilled with rock and spread with soil. The ‘tunnel’ will be 60m in length with the precise design of the tunnel to be secured by planning condition. The excavated areas either end of the ‘tunnelled’ section will remain open, with bunds formed around the top edge to screen the excavations and haul road and inhibit access. The ground above the tunnel and bund will be landscaped and planted with trees.
In order to address the requirements of Historic Environment Scotland and Scottish Natural Heritage, amended plans for the quarry access link were submitted in December 2018 which alter the original alignment and positioning of the link within the valley. An addendum to the Environmental Statement was also submitted and the proposal was re-advertised and consulted upon (closing date 5 February 2019).
The quarry access link will be formed in two stages in order to avoid closing the Smugglers Trail footpath. Construction will commence with cutting through the back wall of Hallyards. The excavation will then continue towards the centre point of the valley, at which time the Smugglers Trail path will be diverted onto a new alignment on the northern side of the valley. The tunnel section would then be completed and backfilled and the Smugglers Trail path returned to its original alignment. Thereafter the cutting will be formed through the back wall of Hillhouse Quarry and continued to join up with the tunnel. The developer anticipates that the link will take 3 years to complete.
Planning Process
As the application is a Major development, the scheme of delegation requires that it be presented to the Regulatory Panel for determination. The assessment section of this report concludes that the proposal complies with the South Ayrshire Local Development Plan and consequently there is no requirement for referral of the application to Full Council.
The development falls within schedule 1 of the Environmental Impact Assessment Regulations 2011 and the proposal is therefore EIA Development. A scoping opinion was issued on 23 September 2016 detailing the range of environmental issues that require to be assessed through an Environmental Impact Assessment. An Environmental Statement was submitted with the application and subsequently an Addendum was submitted on 5 December 2018. The 2011 EIA Regulations remain applicable to this application proposal.
A processing agreement has been prepared and agreed in consultation with the Planning Authority. The processing agreement has been revised a number of times to reflect additional information requirements and delays in submission of information. The latest version of the processing agreement agrees that the Council will seek to present the application to the Council’s Regulatory Panel no later than 11 December 2019.
Proposal of Application Notice (ref 16/00904/PAN) described as winning and working of minerals and associated ancillary operations at Hillhouse and Hallyards quarries, construction of internal link road between quarries and formation of paths (consolidation of two quarries into a single site with reduced overall site area) was approved on 26 September 2016. It is considered that the nature of the scheme is such that it is clearly and recognisably linked to the proposal described in the proposal of application notice. 4. The application also contains a request to approve a Waste Management Plan (WMP) prepared under the Management of Extractive Waste (Scotland) Regulations 2010. Regulation 10 of the Regulations requires that applications for planning permission for extractive waste are accompanied by a WMP. The WMP relates solely to the management of extractive waste arising from the winning and working of minerals within the application site and does not authorise the importation, management or disposal of any other forms of waste arising from within or outwith the planning application site.
The conditions attached to the original planning permission for Hillhouse and Hallyards quarries were reviewed in terms of the Review of Old Minerals Permissions (ROMP) procedures in September 2000. The first periodic review of the conditions was due 24 April 2016. An extension to the time period for the review until 26 April 2017 was granted by the Council to allow time for the submission and determination of the current planning application. Due to delays in consideration of the current application, a number of subsequent extensions to the period for submission of the ROMP applications have been agreed, the most recent of which extends the period up until 11 December 2020.
2. Consultations:
Environmental Health No objections subject to conditions in relation to hours of operation, noise limits, air quality and blasting.
Scottish Natural Heritage Do not object in terms of impact on the Dundonald Woods SSSI subject to implementation of the mitigation set out in the Environmental Statement and Addendum and submission of a method statement for storage of woodland soils excavated during the construction of the quarry access link and method statement for translocation of the basin mire fen habitat.
Historic Environment Scotland No objections subject to conditions requiring measures to protect Kemp Law Fort from land slippage and submission of a management plan for Kemp Law.
Scottish Environment Protection Agency No objections subject to conditions requiring submission of a Surface Water and Groundwater Management Plan, formation of technical working group and details of translocation of marshy grassland and fen.
Scottish Water No objections.
Ayrshire Roads Alliance No objections subject to condition limiting the use of the Hallyards quarry entrance by HGVs to traffic associated with the existing cement batching plant.
Dundonald Community Council Do not object. However, the Community Council’s support is conditional upon certain matters, including that the Council do not agree to extend the duration of consent beyond the current end date 2042 and that certain conditions are imposed. Given that it is recommended that the duration of permission be extended to 75 years and as it is not recommended to reduce the operating hours, the consultation response should be treated as an objection.
West Of Scotland Archaeology Service No objections subject to conditions requiring archaeological mitigation strategy and archaeological survey within the Hallyards Farmstead.
Prestwick Airport No objection.
Scottish Wildlife Trust No objections subject to conditions requiring all the mitigation work detailed in the Environmental Statement to be implemented and financial safeguards to secure successful restoration.
Royal Society For Protection Of Birds (Scotland) No objections subject to conditions requiring finalisation of a detailed restoration plan and conservation management plan; soil stripping work to be carried out outwith the bird breeding season (April to July inclusive) and updating of the current woodland management plan.
Ayrshire Rivers Trust No response.
Sustainable Development (Biodiversity) No objection subject to conditions requiring all mitigation measures detailed in the ES to be carried out.
Sustainable Development (Landscape And Parks) No objection.
5. Development Planning (Access) No objection subject to conditions to ensure restoration of the original alignment of the Smugglers Trail following completion of the quarry access link.
The Coal Authority No objection.
National Air Traffic Services No objection.
Transport Scotland (Trunk Roads) No objection.
3. Submitted Assessments/Reports:
In assessing and reporting on a planning application the Council is required to provide details of any report or assessment submitted as set out in Regulation 16, Schedule 2, para 4(c) (i) to (iv) of the Development Management Regulations. The following reports have been submitted in support of the application:-
Environmental Statement Volume 1: Parts 1 to 3 Written Statement And Appendices 7/1 to 11/2 Dated January 2017. This provides an account of the possible significant environmental effects of the proposed development. The Written Statement contains a description of the proposals and surrounding area and the evolution of the proposal and alternatives considered. A range of detailed technical assessments are provided in chapters 7 to 14 covering Landscape and Visual Amenity, Ecology and Biodiversity, Hydrology and Hydrogeology, Traffic & Transportation, Noise, Air Quality, Blasting and Cultural Heritage. Where appropriate, each chapter includes mitigation measures and a description of any residual effects.
Environmental Statement Volume 2: Non-Technical Summary Dated January 2017. Provides a shortened version of the Environmental Statement written in non-technical language.
Planning Statement (January 2017): Describes the planning history and circumstances leading up to the planning application. The statement provides a commentary against the South Ayrshire Local Development Plan and the other material planning considerations and concludes that the proposals are consistent with the relevant policies and guidance. The document outlines what the applicant considers to be the benefits of the proposal as follows: The proposed internal access link will be used to haul minerals from Hallyards to Hillhouse resulting in an appreciable reduction in traffic passing through Dundonald on the B730. The separation distance between Dundonald and the Hillhouse area will be increased as a result of relinquishing part of the currently consented area with beneficial effects in respect of reduced impact on residential amenity resulting from noise, blasting and dust. The quarry access link has been designed to minimise the impact on the Smugglers Trail valley and incorporates a tunnelled section. The Smugglers Trail path will require to be diverted for a period of three years whist the quarry access link is being constructed. Upon completion of the link, the trail will be returned to its original route. The proposal will result in a significant investment by the applicant both in the short term and the long term, including capital expenditure in plant and machinery. The site currently employs 99 personnel and a further 50 drivers. The re-commencement of extraction within Hallyards will result in a further 2 to 4 people employed directly. The quarry operations also support employment in sectors that supply goods, services and support to the site, including blasting, professional services, mechanical engineering and fleet support. The Planning Application will secure the long term future for the site and the local employment and economic contributions from the site.
Pre-Application Consultation Report: This is appendix C in the Planning Statement. This document contains a report on the Pre-Application Consultation process carried out in accordance with the Town and Country Planning (Development Management Procedure) (Scotland) Order 2013.
Waste Management Plan (WMP): This is appendix D in the Planning Statement. This is prepared in accordance with the Extractive Waste (Scotland) Regulations 2010. The WMP includes a quantification of the volumes of unsaleable materials that will be generated and describes the intended placement, use and characterisation of those materials.
Environmental Statement Addendum Volume 1: This includes appendices A to C dated December 2018. This provides additional environmental assessment of revised proposals for the repositioned quarry access link proposal. The Addendum provides updates to the assessment of Landscape & Visual Impact, Ecology, Hydrology and Hydrogeology, Cultural Heritage and Blasting and Vibration chapters of the original ES.
Environmental Statement Addendum Volume 2 Non-Technical Summary Dated December 2018: Provides a fully revised shortened version of the Environmental Statement to take account of the amended quarry access link proposal. 6. 4. S75 Obligations:
In assessing and reporting on a planning application the Council is required to provide a summary of the terms of any planning obligation entered into under Section 75 of the Town and Country Planning (Scotland) Act in relation to the grant of planning permission for the proposed development. None
5. Scottish Ministers Directions:
In determining a planning application, the Council is required to provide details of any Direction made by Scottish Ministers under Regulation 30 (Directions requiring consultation), Regulation 31 (Directions requiring information), Regulation 32 (Directions restricting the grant of planning permission) and Regulation 33 (Directions requiring consideration of condition) of The Town and Country Planning (Development Management Procedure)(Scotland) Regulations 2013, or under Regulation 50 (that development is EIA development) of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017. None
6. Representations:
429 representation have been received, 406 of which object to the proposed development and 23 which are in support of the proposed development. All representations can be viewed online at www.south- ayrshire.gov.uk/planning The issues raised in the representations can be summarised as follows:
National Planning Policy • The extraction of the proposed volume of minerals at the application site is contrary to the thrust of national policy to increase the amount of recycled aggregate used in construction.
Local Development Plan • Contrary to LDP Policy: Sustainable Development • Contrary to LDP Policy: Natural Heritage • Contrary to LDP Policy: Preserving Trees • Contrary to LDP Policy: Woodland & Forestry • Contrary to LDP Policy: Historic Environment • Contrary to LDP Policy: Minerals and Aggregates
Cultural Heritage • Adverse effect on setting of Dundonald Castle
Access • Adverse effect on setting of Smugglers Trail (traffic noise and change in appearance of landscape including the introduction of benched quarry faces) • Adverse effect on views from Smugglers Trail • There is insufficient justification to merit the adverse effects of the quarry access link on the Smugglers Trail • The developer may apply to construct a footbridge to carry the Smugglers Trail over the quarry access link • Concern that the timescale for completing the quarry access link and reinstating the original route of the Smugglers Trail will not be adhered to. • Concern that the developer may not carry out the reinstatement of Smugglers Trail to a high standard.
Natural Heritage • Disruption of the hydrology of Dundonald Woods SSSI and surrounding wetland features resulting in adverse effect • A buffer zone should be left between the edge of the excavation void and Dundonald Woods SSSI • A proper follow-up badger survey should be undertaken • The application site contains territory used by Lesser Whitethroat (bird) but this is not recorded in the ecological surveys done to support the application. The clearance of woodland has already resulted in the loss of 3 territories for this species. The expansion of the quarry will result in the further loss of territories for this species. • The management plan for Peregrine Falcon should be assessed prior to the application being determined. • Local enthusiasts have observed signs of otter. They are also present on the Dundonald Burn in the section passing through Shewalton Wood SWT Reserve. 7.
Landscape • The recent removal of woodland has opened up views into the quarry from Dundonald • The developer should be required to carry out appropriate visual screening and replanting of woodland to reduce views into the quarry.
Residential Amenity • The noise prediction data is flawed. No meaningful data is presented to compare the noise levels arising from the current consented area with the proposed. • Noise attenuation bunds should be constructed between the development and Dundonald rather than at the 3 eastern edge locations shown in Figure 12/1. • The current condition restricting noise levels should not be diluted but should be worded more clearly. • Residents have repeatedly experienced being woken up in the morning by noise from the quarry which is sufficiently loud and/or persistent to disturb the peace indoors through closed, double glazed, windows. • The current restriction on working hours for excavation operations should be extended to all operations • The hours of operation should commence no earlier than 07:30 and there should be no working at the weekends • Recent research in relation to noise levels indicates potential impact on frequency of dementia occurrences and increasing the number of heavy haulage lorries using the A759 is therefore putting residents at increased medical risk. • Vibration from blasting may be affecting house foundations and walls and gas, water and other utilities. • Dust • Limited benefit to the local community
Traffic & Transportation • Increased traffic and congestion in Dundonald Main Street • Increased traffic on A759 once mineral from Hallyards is exported through the Hillhouse access road. • Increased risk of accidents involving pedestrians and cyclists on A759 • The ES conclusions should not reply upon the current operator’s voluntary ban on HGVs using the road through Dundonald but should instead assess the impacts in the event that the voluntary ban is not adhered to by future operators. • The ES conclusion that there will be no net increase in traffic flows is not accurate as there will be an additional 30,000 vehicle movements associated with the Hallyards quarry operation. • The assessment of transport impacts should have taken into consideration the possible relocation of Hamilton Tarmac’s head office to Olympic Business Park and the possible development of land to west of Kilnford Crescent. • Adverse effect on human health from increased HGV traffic on the A759 • There is insufficient information available from the transport assessment to allow the Council to reach a conclusion on the traffic merits of the proposed quarry access link
Duration of Consent • The requested lifespan of the quarry (75 years) is excessive compared to the national requirement to maintain a ten year land supply of minerals.
Mitigation • Many of the “mitigation” measures described in the ES are simply aspects of the final restoration. These should not be regarded as mitigation as they will not be implemented for decades.
Waste Management • The Council should not confirm that the non-saleable excavated materials are non-waste by- products without details of the restoration of the site
8. Points In Support • Protection of employment • The quarry is based centrally within Ayrshire and supplies materials for maintenance of roads and house building. Importing these materials from further afield could increase construction costs and slow down development • Opportunity to create new recreational resource following reinstatement which could benefit future generations • Opportunity to replant woodland using only native trees • Reduced traffic through Dundonald village
In accordance with the Council’s procedures for the handling of planning applications the opportunity exists for representees to make further submissions upon the issue of this Panel Report, either by addressing the Panel directly or by making a further written submission. Members can view any further written submissions in advance of the Panel meeting at www.south-ayrshire.gov.uk/planning. A response to these representations is included within the assessment section of this report.
7. Assessment:
The material considerations in the assessment of this planning application are; the planning history, provisions of the development plan, other policy considerations (including government guidance), representations received, consultation responses received, the impact of the proposal on the amenity of the locality and the Waste Management Plan.
(i) Planning History
5431 - Hillhouse Quarry has been operational since 1907, but the extent of workings was not defined until formal planning permission was granted in July 1948 (reference 5431). At this time Hillhouse Quarry and Hallyards Quarry were in common control and both contained within the single planning permission.
CE/5/2 - A review of mineral consents under the requirements of The Town and Country Planning Act 1997 imposed a new set of planning conditions for the quarries. Those conditions are contained in the Notice of Determination CE/5/2 of 1999.
11/00460/FURM – Further application to vary condition 6 of Notice of Determination CE/5/2 was approved on 18 August 2011. The application removed the time restriction imposed on quarrying within the north eastern part of Hillhouse quarry and defined the current limits of extraction.
(ii) Development Plan
Section 25 of the Town and Country Planning (Scotland) Act 1997 (as amended) indicates that in making any determination under the Planning Acts, regard is to be had to the development plan, the determination shall be made in accordance with the plan unless material considerations indicate otherwise.
The primary policy considerations are LDP Policy: Sustainable Development, LDP Policy: Natural Heritage, LDP Policy: Preserving Trees, LDP Policy: Woodland & Forestry, LDP Policy: preserving trees, LDP Policy: Historic Environment, LDP Policy: water environment, LDP Policy: flooding & development, LDP Policy: air, noise & light pollution, LDP Policy outdoor public access & core paths and LDP Policy: Minerals and Aggregates. The provisions of the Adopted South Ayrshire Local Plan must be read and applied as a whole, and as such, no single policy should be read in isolation. The application has been considered in this context. Having regard to these policies, the proposals required to be assessed in terms of the following considerations:
9. Duration of Consent (LDP Policy: minerals & aggregates)
The application proposes extending the period of mineral extraction at Hillhouse and Hallyards quarries from the current consented end date of 31 December 2042 to 75 years from the date of the current application. The length of the extended period sought has been determined by the quantity of rock available within the application site and the past average extraction rates. LDP Policy: minerals & aggregates states that the Council will accept proposals for extracting and working minerals if they help to ensure an adequate supply of the mineral. Scottish Planning Policy (paragraph 238) advises that planning authorities should support the maintenance of a landbank of permitted reserves for construction aggregates of at least 10 years at all times in all market areas. The current application will help ensure a minimum 10 year landbank is available. Schedule 3 to the Town & Country Planning (Scotland) Act 1997 (as amended) stipulates that every planning permission consisting of the winning and working of minerals shall be subject to a condition as to the duration of the development and that period should not normally exceed 60 years. However, the schedule permits the planning authority to grant minerals permissions for or a longer or shorter period. Whilst the duration of consent sought (75 years) is significant, there is no planning reason for not accepting this. It should be noted that there will be an opportunity to review the planning conditions attached to the permission every 15 years under Section 74 and Schedule 10 of the Town and Country Planning (Scotland) Act 1997.
Landscape & Visual Impact (LDP Policy: sustainable development, LDP Policy: landscape protection & LDP Policy: minerals & aggregates)
The EIA compares the landscape and visual impact of the proposed scheme with that of the permitted extraction limits from various viewpoints in the surrounding area. The analysis for each of the viewpoints is summarised in Appendix A at the end of this report. Having regard to the Landscape and Visual Impact Assessment, the following conclusions can be drawn for the three main elements of the development;
Hillhouse Area
The existing working faces, haul roads, processing plant and stockpile areas within Hillhouse are generally well screened from existing visual receptors (occupied buildings, roads, footpaths, etc.). This applies in terms of longer distance views from Troon, Irvine and the A78 north and south of the site and from the immediate surrounding area, including Dundonald village and the A759 as a consequence of topography and woodland cover. The main exceptions are:-
• The large 1960’s crushing and loading plant that was located on the northern outer face of Hillhouse, adjacent to the A719 road. This large concrete structure, the current demolition of which will reduce the impact of Hillhouse quarry on the surrounding landscape. • Mobile quarry machinery working on top of the northern part of Hillhouse, (which lies closest to Old Auchans View/Kilnford Crescent area) which is visible when present in this location. The visibility of plant and machinery operating in this location was heightened following the removal of the woodland between the current working face and the northern boundary of Hillhouse. • The upper working faces and benches within the eastern part of Hillhouse are visible in longer distance views from the north and west (e.g. from the A78 and the in the vicinity of Auchengate)
The current application proposes an amended limit of extraction, such that the eastward expansion of the void towards Dundonald will be reduced and the southward expansion of the void towards Collenan Reservoir will be increased. Compared to the permitted extraction area, the proposed extraction limits will result in a reduced magnitude of landscape and visual impact. Much of the reduction in impact is associated with the demolition of the large 1960s structure that housed the crushing and loading plant. The reduction in the lateral expansion of Hillhouse eastwards is not particularly significant in terms of the landscape impact outwith the site. The proposed lateral extension within the southern corner of the site will be contained by the existing landform and will not result in any increased landscape or visual impact compared to the approved extraction limits.
10. Hallyards Area
The Hallyards area, as it exists at present, is similarly well screened from the major settlements and transport routes to the west and is not visible from Dundonald. The existing consented extraction area, which dates back to 1948, will however result in the removal of the higher ground that lies between the current excavation void and the Loans to Dundonald unclassified road, opening up views into the quarry workings along this road. The extant planning permission also includes permission to extract the heavily wooded ground forming part of the eastern side of the Smugglers Trail Valley, thus opening up views of the workings from the valley resulting in a significant visual impact to users of the footpath and further afield.
The revised extraction limits propose a significant reduction in the lateral extent of Hallyards along its western boundary, resulting in a significant reduction in tree loss and in the landscape and visual impact within the Smugglers Trail Valley. In terms of longer distance views, the reduced extraction area will result in a significant reduction in the landscape impact when the quarry is viewed from Barassie to the west and from the rural area to the east (between Dundonald and Symington). It is proposed to reduce the extent of the extraction area within the south eastern part of the site which will provide a buffer around Hallyards farm. However, it remains the applicant’s intention to extend the excavation void up to the edge of the public road and this will result in the creation of a noticeable ‘notch’ in the landscape when viewed from the unclassified road and Wardlaw Hill. The magnitude of effect on the landscape will remain notable but is not worsened by the proposed amended extraction limit. The applicant’s attention has been drawn to the significant localised landscape and visual impact that will remain as a result of working the Hallyards quarry up to the currently approved eastern extraction limit along the Loans/Dundonald road. However, the applicant does not propose any further reduction in the area of excavation over and above the reduction of the westerly limit of extraction.
Quarry Access Link
The proposed haul road link between the two quarries will entail significant excavation within the Smugglers Trail Valley. The cuttings formed on either side of the valley will be highly visible to walkers over short sections (approximately 50metres either side) of the Smugglers Trail resulting in a significant visual impact (as acknowledged in the applicant’s Environmental Statement). The impact on the wider landscape will be less significant due to the level of visual containment provided by the valley sides and dense tree cover. The applicant proposes to reduce the magnitude of visual impact through replacement tree planting over the top of the tunnel following completion of its construction and soil placement and shrub planting on the benches of the cuttings. The EIA Addendum provides a revised assessment of the impact of the quarry access link on the experience of walkers using the restored Smugglers Trail. The assessment concludes that the quarry access link will cause significant adverse levels of effect during construction, with a reduced level following completion of the landscape mitigation works. The magnitude of effect is expected to decrease over time as vegetation re-establishes and matures and the faces weather. The effects are very limited in geographical extent due to the densely wooded nature of the valley (circa 50 metres either side of the link). The consultation response of SNH advises that they do not consider that the landscape and visual impact of the quarry access link can be fully mitigated and the impact will remain significant, post mitigation. SNH do not, however, object.
Conclusion on Landscape & Visual Impact
The removal of the large 1960s processing and loading building on the western outer slope of Hillhouse and restoration of the site of the structure will have a positive effect on views towards the site from Irvine and Barassie. The proposed changes to the lateral extents of Hillhouse and Hallyards will result in a reduced magnitude of landscape and visual impact, compared with the permitted extraction limits. The reduction in the westward extent of Hallyards will be significantly beneficial in terms of localised views within the Smugglers Trail Valley and in terms of longer distance views from the A78 (south of the site) and from Collenan. The localised landscape and visual impact of the link requires to be considered in the wider context of the proposal to reduce both the northwards lateral extent of Hillhouse and the westwards extent of Hallyards. Both these measures will reduce the landscape and visual impact of the currently approved limits of excavation. In particular, the reduction in the extent of Hallyards will ensure that the western side of the Smugglers Trail Valley and its associated woodland remain intact thereby significantly reducing the impact on the public footpath. On balance it is considered that the proposals are acceptable in terms of landscape and visual impact provided that conditions are imposed to require completion of the mitigation works (re-landscaping and tree planting) and that a restoration bond is provided by the quarry operator to ensure that reinstatement works are carried out in the event that the quarry ceases to operate prior to completion of the mitigation works for the quarry access link. 11. Ecology and Biodiversity (LDP Policy: sustainable development, LDP Policy: natural heritage, LDP Policy: woodland & forestry, LDP Policy: preserving trees & LDP Policy: minerals & aggregates)
The site lies within the Dundonald Woods SSSI and the Dundonald Hills Provisional Wildlife Site and is adjacent to Shewalton Moss Provisional Wildlife Site and near Shewalton Wood Local Nature Conservation Site (North Ayrshire).There are several areas of Ancient Woodland both within the Dundonald Woods SSSI and the Dundonald Hills Provisional Wildlife Site and in other locations within or on the border of the application site.
The majority of the area proposed for excavation within Hillhouse Quarry has already been disturbed through earlier phases of extraction. The 14.6 hectares remaining undisturbed include fragmented areas of improved grassland, basin mire fen, marshy grassland, scrub and recently felled semi-natural broad- leaved woodland. Within Hallyards, 11.6 hectares of land remains undisturbed and includes improved grassland, scrub and semi-natural broad-leaved woodland. The protected species surveys carried out for the application identified 26 species of breeding birds, 2 species of foraging & commuting bat and badger. The Environmental Statement compares the impact of the currently authorised extraction with that proposed under this application. The key conclusions are:
Dundonald Woodland SSSI: The SSSI is located to the north east of the current extraction area in Hillhouse and lies partly within the application site boundary at two locations. The two areas of woodland that lie within the Hillhouse area of the quarry have recently been felled to permit extraction, as authorised under the current planning permission. Scottish Natural Heritage has advised that the SSSI boundary will be re-designated to exclude these felled areas. No further loss of woodland within the SSSI is permitted under the existing planning permission and none is proposed under the current application. The continuation of extraction close to the edge of the remaining woodland has the potential to adversely affect the SSSI as a consequence of changes in hydrology and as a consequence of the migration of dust and the impact of noise on fauna. The impacts of the current operations are mitigated through the implementation of a management plan within the SSSI. The applicant proposes to extend the area of woodland under management to include a further 12.7 hectares of Ancient Woodland with the objective of restoring the woodland to a more natural form. Hydrological monitoring would be ongoing to ensure that the SSSI is not adversely affected. The woodland soils that have been stripped from the felled areas are to be carefully stored to preserve the existing seedbank for later use in the restoration scheme. In the longer term, the loss of woodland that has occurred within the SSSI will be mitigated through the creation of new habitats within the restored quarries which help meet national and local BAP priorities. The quarry wide measures to control noise and dust form part of the natural heritage mitigation to avoid adverse impact on the SSSI and the other woodland areas within and adjoining the site.
Dundonald Hills Provisional Wildlife Site: Includes the majority of the current active extraction area within Hillhouse Quarry and surrounding woodland and grassland areas. In the north, the lateral extension of Hillhouse north eastwards will result in the loss of part of the existing grassland habitat. The extent of habitat loss under the proposed scheme is significantly less than under the approved extraction limits. The remaining area to be worked includes a small area of basin mire fen which is of “District” value and the natural heritage mitigation plan includes the translocation and storage of this habitat for later use in the final reinstatement of the quarry. The current planning permission for Hallyards permits the removal of approximately 8 hectares of native broadleaved woodland/wet woodland along the entire eastern side of the Smugglers’ Trail Valley. The reduction in the lateral extent of Hallyards will significantly reduce the extent of ancient woodland loss in this area. As with the Dundonald Woods SSSI, the continuation of extraction close to the edge of the woodland within the provisional wildlife site has the potential to adversely affect the nature conservation value of the woodland as a result of hydrological, dust and noise impacts. A minimum stand-off distance of 10 metres from all retained woodland, control of hydrological and dust changes are proposed as ongoing mitigation during extraction works. In the longer term, restoration of the site will include the creation of new areas of native woodland as mitigation for the loss of the existing ancient woodland. The formation of the quarry access link will result in the loss of an area of ancient woodland within the Smugglers Trail Valley. The significant reduction in woodland loss within the Hallyards area, together with replanting of woodland on top of the tunnel, is considered to mitigate the loss of woodland resulting from formation of the quarry access link and SNH do not object.
12. Ancient Woodland: The areas of Ancient Woodland (outwith the SSSI and the Provisional Wildlife Site) are located to the south of Hillhouse quarry (Hillhouse Woods), to the east of Hallyards quarry (High Lees Mount) and at Beech Wood. Whilst the current and proposed quarrying proposals do not result in the loss of these woodlands, there is the potential for the nature conservation value of these areas to be affected by changes in hydrology and as a result of dust and noise. A minimum stand-off distance of 10 metres from all retained woodland, control of hydrological and dust changes are proposed as ongoing mitigation during extraction works.
Non-Designated Sites: No notable habitat types of greater than local importance were identified outwith the designated nature conservation sites. Mitigation for the loss of these habitats includes the final restoration of the site to habitat types of greater ecological value.
Protected Species: No notable fauna were identified through the desk top study or the site surveys. Surveys were carried out for bats. Whilst suitable bat roosting trees were identified within the quarry access link location no evidence of found of the presence of bats. Similarly, whilst the quarry faces offer potential for bat roosts, none were identified. The surveys identified limited usage of the woodland within the site for foraging and commuting bats and the overall levels of activity were assessed as ‘occasional’ and the ecological value for foraging bats has been assessed as local in the context of the proposed development. The site was assessed as of local ecological value for badgers. A badger protection plan is proposed as part of the mitigation for this species. Three species of birds of high conservation value and two of medium conservation value were identified. The reduced extent of habitat loss and greater stand-off distance from the SSSI are offered as mitigation for unavoidable disturbance. Further mitigation in the form of sensitive timing of habitat removal and replacement planting as part of the restoration strategy are proposed.
Impacts on designations, habitats and species are generally of a lesser degree than the currently permitted scheme by virtue of the reduction in land take for quarrying. It is not considered that the extraction of mineral and associated works proposed would have a significant adverse effect on any statutory or non-statutory nature conservation site provided that the prescribed mitigation works are carried out prior to, during and after the proposed works at appropriate times. The habitats of highest ecological value (broad-leaved woodland) will largely remain intact. Although small in relation to the whole woodland asset, certain sections of woodland between the two sites will be removed. The loss of this woodland will be mitigated in the long term through the creation of new woodlands during restoration. A number of mitigation measures have been detailed to ensure that all legally protected species recorded within the site are adequately protected throughout the duration of the work. No adverse significant impacts are anticipated on any known protected species present and Scottish Natural Heritage has advised no objection.
Cultural Heritage
Scheduled Monuments: At the time of submission of the planning application Hallyards Farmstead was designated as a scheduled monument. However, in the intervening period, Historic Environment Scotland removed the site from the schedule of nationally important monuments on 27 April 2017, as the monument no longer met the criteria for scheduling. The nearest scheduled monument is Kemp Law Dun which is located within the Smugglers Trail Valley, near to, but outwith, the proposed quarry access link. There are three further scheduled monuments within 1km of the application site, including Wardlaw Hill Fort, Harpercroft Fort and Dundonald Castle. Historic Environment Scotland initially objected to the application as the EIA did not adequately assess potential impacts caused by noise, dust and vibration during construction of the quarry access link and operation of the quarrying works on Kemp Law Fort and Dundonald Castle and on the setting of Kemp Law. The applicant’s agent has carried out further assessment of the effects on the monuments and has submitted amended plans showing the position of the quarry access link moved to increase the separation distance from Kemp Law. The Addendum to the Environmental Statement and accompanying plans and visualisations provides further assessment of the impact on these monuments and concludes that no cultural heritage asset will be adversely affected by noise, dust or vibration. Historic Environment Scotland has advised that they agree with the conclusions and have now withdrawn their objection to the application, subject to the preparation and implementation of a management plan.
Unscheduled Archaeological Sites: Aught Wood Enclosure, located within the application site, is a heritage site of probable national importance. The current planning permission for Hallyards permits extraction within this area and this feature will be lost regardless of the current application. A programme of archaeological works is proposed to record the any remaining archaeological features. This level of protection is consistent with the undesignated status of the feature and West of Scotland Archaeology Service does not object to this aspect of the application.
13. Unrecorded Archaeology: There is potential for unrecorded archaeological features to be encountered within the undisturbed areas of the site. Archaeological evaluation and recording will be required within these areas and a condition is proposed requiring a scheme to be agreed with the Planning Authority and implemented prior to any soil stripping taking place.
Listed Buildings: There are no listed buildings within the site. Auchans House (category A) and Hillhouse House (category B) are located within 200 metres of the site boundary and there are a number of other listed buildings within 1km of the site boundary. In comparison with the current permitted extraction limits, the proposed extraction limits have marginally less impact on the settings of listed buildings in-so-far-as there will be a greater separation distance between the Hillhouse area and the listed buildings in Dundonald. Historic Environment Scotland has no objection to the application in terms of effect on the setting of Auchans Castle, which is a grade A listed building.
Conservation Area: The Dundonald Conservation Area lies to the immediate east of the Hillhouse area. In comparison with the current permitted extraction limits, the proposed extraction limits are set back further from the conservation area and the proposal will have marginally less impact on the character of the Conservation Area.
Designed Landscapes: The proposals do not affect any gardens or designed landscapes included within the Inventory of Gardens and Designed Landscapes affected by the proposals.
Hydrology & Hydrogeology (LDP Policy: sustainable development, LDP Policy: natural heritage, LDP Policy: flooding & development, LDP Policy: water environment & LDP Policy: minerals & aggregates)
Water Bodies: The site drainage sheds in the direction of three watercourse catchments (Dundonald Burn, Gailes Burn and Barassie Burn). Three water bodies are also located within the vicinity of the application site (Collenan Reservoir, Merkland Loch and a small pond within agricultural land 90m south of Hillhouse Quarry). Water in the void at Hallyards currently discharges overland towards Merkland Loch via a series of small ponds and culverts. There have been intermittent pollution incidents on the Dundonald Burn in the past which have been traced to the vehicle access point onto Old Loans Road (C38). The proposal to connect the two quarries and reduce the level of traffic using the Hallyards entrance will reduce the potential for further pollution from this source. It is proposed to form 3 settlement lagoons within Hallyards and to pump water from there to Merkland Loch.
SEPA has advised that all overland flows should be intercepted by perimeter cut off drains and directed out of the working area, to reduce the potential for contamination. Within Hillhouse quarry the site is currently split into two main drainage areas. The southern void contains storage ponds and the northern void contains a settlement lagoon. Water flows from the latter into an open channel and then a culvert to a sump. In wet weather conditions water from the northern void directly drains to the sump, bypassing any treatment. There is a CAR authorisation for the discharge of trade effluent to a tributary of the Gailes Burn via a 200mm diameter pipe. The ES acknowledges that the existing settlement lagoons have insufficient storage and treatment capacity to adequately deal with the volume of runoff generated within the quarry catchment during heavy rainfall events. The application includes proposals to review and upgrade the existing effluent treatment and disposal arrangements. It will be necessary for the applicant to apply to SEPA for a variation to the existing CAR licence including details of the upgraded treatment system capable of managing effluent generated from the existing site. The system must be designed and installed in accordance with the current Mines and Quarries industry specific guidance. SEPA welcome that the concrete plant area drainage and vehicle wheel wash effluent will be managed on a closed loop system basis as far as is practicable. SEPA have recommended that a pollution incident response plan be prepared and periodically reviewed and that this should form part of the proposed site Water Management Plan.
14. Groundwater: The ES states that the deepening of the quarry void raises the potential for additional groundwater ingress as springs are uncovered in both quarries leading to localised water table drawdown around the extraction area. There is a spring on the site in the location of a mapped fault line and there are a number of other groundwater features mapped at the site. Since the proposal is to continue widening and deepening the quarry SEPA anticipate further groundwater will be encountered and will require to be managed in line with CAR. The ES acknowledges this and it is intended that the water be managed in the same way as that from the spring unless significant groundwater is encountered. Should this occur operations are to terminate pending further hydrological investigation and water management. SEPA has advised that further consideration needs to be given to this issue as part of a comprehensive water management plan to ensure that adequate measures are in place to understand and manage groundwater. An abstraction authorisation under CAR will be required if pumping is required to suppress the natural water level. Any such “de-watering” operations will require to be carried out in accordance with General Binding Rules 2 and 15 of CAR and details will be required of how any dewatering will be managed, the amount of groundwater proposed to be abstracted and the anticipated timescales. It should be noted that the prevention of pollution of the water environment is primarily monitored and enforced by SEPA.
Private Water Supplies (PWS): There is a PWS borehole located on the eastern slope of Wardlaw Hill 420m from the extraction boundary which supplies Harpercroft Farm and Harpercroft Cottage. Based on the position of the PWS, geology, relative elevation and general hydrogeological setting it is considered unlikely that the PWS would be significantly impacted by dewatering from the Hillhouse area. If groundwater abstraction is required to facilitate the Hallyards area of the development then the impact of this on the identified PWS will need to be assessed at the CAR licencing stage by SEPA and a detailed site specific assessment will be required.
Groundwater Dependent Terrestrial Ecosystems (GWDTE): The EIA concludes that no other GWDTE will be adversely affected by the proposals in respect of the main quarry voids and SEPA have not objected to the proposals.
Residential Amenity (LDP Policy air, light & noise pollution and LDP Policy: minerals & aggregates)
Proximity to housing: The current planning permission for Hillhouse quarry permits extraction closer to Dundonald than is proposed under the current planning application. Under the existing permission, the final working face would be within 325 metres of the nearest house in Kilnford Crescent and 240 metres of the nearest house in Vernon Place. Under the proposed reduced lateral extent of the quarry these distances would be increased to 525 metres and 475 metres respectively. There are 16 individual houses located outwith Dundonald that are in close proximity to the application site of which 12 are owned by the applicant. Of the four remaining houses, the separation distance from the application site boundary will remain the same for three of these houses whereas the distance from one will increase from 250m to 330m. The EIA has considered the effects on all surrounding properties from dust, noise and blasting and has concluded that the effects on amenity will be within acceptable limits provided that the following safeguards are imposed by planning conditions:
Air Quality/Dust: The Environmental Statement includes a dust management plan. The response from Environmental Services advises that the management plan is sufficient to ensure that surrounding residential properties are not adversely affected by dust. A condition is proposed requiring implementation of the dust management plan.
Noise: The Environmental Statement includes an assessment of noise impact. The assessment concludes that, with control measures in place, no residential property will be adversely affected as a result of noise nuisance arising from quarrying operations or secondary processing operations. Environmental Health has recommended that updated conditions be imposed restricting the hours of operation of quarrying operations and limits on noise levels. A condition requiring implementation of a noise complaints procedure is also proposed.
Blasting: The Environment Statement includes an assessment of the effects of blasting on residential properties and the historic environment. The study concludes that no residential property will be adversely affected by vibration or ‘fly’ rock resulting from blasting, provided that appropriate controls are put in place. Environmental Health advise that conditions be attached to any consent relating to peak particle velocity, hours of operation, monitoring and prior warning of blasts.
15. Traffic & Transportation (LDP Policy: minerals & aggregates & LDP Policy land use and transport).
The Transport Impact Assessment considered the likely traffic and transport effects arising from the proposals. Hallyards quarry is not currently operating, however, planning permission remains in place until 2042. Quarrying can recommence at any time resulting in significant volumes of HGV traffic on the B730 through Dundonald to and from the A759. As a consequence, the proposals will not entail a net increase in HGV traffic, compared to the situation where extraction recommences within Hallyards. Traffic to and from Hillhouse routes along the A759 towards the A78 and the A71. The applicant has advised that the company operates a voluntary ban on HGV traffic passing through Dundonald, except on rare occasions when deliveries are being made within Dundonald or to sites which can only be accessed by passing through the village. The proposed quarry access link will permit material won at Hallyards to be exported through Hillhouse, thus not requiring to be transported through Dundonald. The proposed quarry access link will take up to three years to construct. The applicant has advised however that no materials will be exported through Dundonald and all HGV vehicles will turn right out of Hallyards access thus avoiding Dundonald village.
Once the crossing is complete it is intended that all rock won within both Hillhouse and Hallyards will be exported through the Hillhouse access, resulting in an increase in the amount of HGV traffic using the access onto the A759 and a potential reduction in traffic through Dundonald. Ayrshire Roads Alliance has no objection to the increase in traffic using this junction or the A759. The proposed quarry access link will, therefore, provide a satisfactory alternative means of exporting material won within Hallyards, resulting in a reduction in the potential volume of HGV traffic passing through Dundonald. A condition is proposed restricting the use of the Hallyards access. The condition takes cognisance of the existing cement batching operation within Hallyards, which is operated independently by a third party.
Outdoor Public Access & Core Paths (LDP Policy outdoor public access & core paths)
The Smuggler’s Trail is a Core Path (reference SA7) and a local path connecting Troon and Dundonald. Construction of the quarry access link will require the path to be diverted for a period of up to three years before being returned to its original route. An alternative footpath will be constructed within the immediate vicinity of the quarry access link. The diversion will be constructed to a similar standard as the existing path and will allow for the continued use of the Smugglers Trail. A condition is proposed requiring the footpath diversion to be constructed in advance of the commencement of construction work on the quarry access link and the reinstatement of the original alignment upon completion of the link.
Final Restoration (LDP Policy: minerals and aggregates)
LDP Policy: minerals and aggregates requires all planning applications for mineral extraction to include detailed proposals for the restoration and aftercare of the site, including its intended after-use. Where appropriate, progressive restoration will be required to reduce the effects and to return the land to beneficial use at the earliest opportunity. To ensure that restoration of the site can be completed to the required standard a restoration bond is required that sufficient funds will be available at all times. The planning submission includes indicative details of restoration at the end of the life of the quarries. The restoration plan proposes the site will be used for nature conservation and public access purposes and includes the creation of a deep water body and areas of native planting and natural regeneration. Within the Hillhouse area, the main void will be allowed to flood to form a lake. Within the remainder of the area, the benches will be re-profiled to form slopes which will be spread with soil and planted with grass and tree groups. The final working benches will however be retained within the southern end of the void and will be spread with soil and planted with trees. A car park will be provided at the western end of the site which will utilise the existing access onto the A759. A permissive walking route will be formed from the car park, along the western, northern and eastern shores of the lake, before rising up to the quarry access link in the east and continuing through the tunnel to Hallyards.
A similar restoration strategy will be employed within Hallyards, with the final land use being nature conservation and public access. The sides of the void will, for the most part, be re-profiled to form slopes. However, the final benches will be retained within the southern end of the void and the floor will be bare stone to form a scree covering. Soil will be spread within the northern half of the void and will be sown with grass and trees. A car park will be provided within the northern end of Hallyards, which will utilise the existing access way.
16. The applicant proposes that restoration will be undertaken concurrently with extraction in part. Given that it is proposed to deepen the existing void at Hillhouse, restoration of this part of the site is not feasible in the interim. However, restoration work will be commenced, within the first five years, within a worked-out area within the upper south eastern part of Hillhouse. Within the Hallyards area, restoration will be commenced in the northern part of the void upon completion of extraction within this area, within the first ten years. The application drawings demonstrate the sequence of extraction with an indicative timescale over 75 years. The actual timing of the extraction and reinstatement operations will be dependent upon market demand for the minerals. However, in order to minimise the length of time that the Smugglers Trail Valley is subject to disruption, a condition is proposed requiring the construction of the quarry access link and the restoration work associated with reinstatement of the land within the valley to be carried within five years of the work on the quarry access link commencing.
The applicant has agreed to provide a restoration bond covering all of Hillhouse and all of Hallyards, including areas which are presently disrupted. The value of the restoration bond will be sufficient to ensure that the Council can employ contractors to carry out restoration, including making the working faces safe and stable, removal of fixed plant and machinery, management of surface water, spreading soils and planting suitable species to meet nature conservation objectives. The applicant has submitted a draft ‘interim’ restoration plan covering the first five years of the permission and an assessment of the costs of implementing this plan. The plan and financial guarantee calculation have been independently assessed by specialist minerals consultants engaged by the Planning Service. The Council’s advisers have advised that the draft interim restoration plan is suitable and meets the objectives of the final restoration plan and that the financial guarantee calculation is robust. A restoration bond is proposed to ensure that the restoration guarantee will be maintained throughout the working life and final restoration period and the value will be reviewed at five year intervals. The five year re-valuation of the financial guarantee will be undertaken on the basis of an updated interim restoration plan adjusted to take account of the extent of extraction work undertaken in the preceding five years and the cost of restoration at that time.
(iii) Other Policy Considerations (including Government Guidance)
Scottish Planning Policy (SPP): SPP notes that minerals make an important contribution to the economy, providing materials for construction, energy supply and other uses, and supporting employment. Development Plans should support a landbank of construction aggregates of at least 10 years at all times in all market areas. Operators should provide sufficient information to enable a full assessment to be made of the likely effects of the development together with appropriate control, mitigation and monitoring measures. This should include the provision of an adequate buffer zone between sites and settlements.
The proposal will contribute towards an adequate supply of aggregates for construction in the long term. The applicant’s supporting information notes that Hillhouse quarry is of regional importance supplying Ayrshire, South West and Central Scotland. Sufficient information has been submitted to undertake a full assessment of the likely effects and appropriate controls, mitigation and monitoring measures can be applied through planning conditions and a restoration bond. Accordingly, it is considered that the proposed application is consistent with SPP.
Planning Advice Note 50 (PAN 50): controlling the environmental effects of surface mineral workings: PAN 50 provides advice on how to consider the main impacts that may arise from proposals for surface mineral working operations and the ways in which these impacts can be controlled or minimised, in order to ensure that sites and designed and operated to environmentally acceptable standards. The significant effects of the proposals have been considered in the assessment against the relevant development plan policies and it is concluded that subject to conditions the impacts can be adequately mitigated.
(iv) Representations received
The majority of the issues raised in the representations received including matters relating to duration of permission, national & local planning policy, cultural heritage, natural heritage, landscape, residential amenity and traffic and transportation are considered in the foregoing assessment. Other specific concerns raised include the following:-
17. Access: In addition to the detailed assessment above, in relation to concern that the developer will not undertake the reinstatement of the Smugglers Trail to an adequate standard, the reputation of the applicant is not a material planning consideration and the application must be determined on the planning merits. Furthermore, planning conditions are proposed to secure the appropriate phasing of the construction and it should be noted that the applicant is willing to provide a restoration bond to ensure that sufficient funds are available to complete the reinstatement work.
Natural Heritage: In addition to the detailed assessment above I would note that in relation to the presence of otter, this species was scoped out of the EIA due to sub-optimal habitat and poor habitat connectivity. However, the mitigation proposed for badger is also relevant to otter. SNH therefore consider that, provided the mitigation for badger is implemented, should an otter cross through the site it is unlikely to be affected by the proposal. In relation to Lesser Whitethroat, the protected species survey was carried out by a suitably qualified ecologist and does not identify the presence of this species within the application site boundary. In relation to the Peregrine Falcon Management Plan, it is considered acceptable for this to be subject to a planning condition.
Residential Amenity: In addition to the detailed assessment above I would note the following. The Council’s Environmental Health Service has reviewed the Noise chapter of the ES and is satisfied with the methodology used to carry out the study. In relation to the indicative positions of the noise control bunds (Figure 12/1 in the ES), it is proposed to impose conditions setting noise limits at the nearest noise sensitive properties. It will be for the developer to determine how these limits are complied with, including whether temporary or permanent noise baffles are necessary in particular locations. An independent noise monitoring system will be required together with submission of monitoring reports.
Traffic & Transportation: In addition to the detailed assessment above I would note the following. ARA has not advised against the granting of planning permission on the basis of increased traffic on Dundonald Main Street or as a consequence of increased traffic on the A759. The use of planning conditions to limit use of the public road network does not meet the tests for planning conditions. In relation to assessment of the cumulative effect on traffic volumes resulting from the possible re-location of Hamilton Tarmac head office to the Olympic Business Park, the Council received a Proposal of Application Notice (reference 14/00259/PAN) in March 2016 for a possible expansion of the inert material recycling facility, including warehouses and office space. No planning application had been submitted at the time of preparation of ES/Transport Assessment and it would not have been appropriate for the authors of the ES to have included an assessment of the cumulative impact of traffic from such a development and the traffic generated by the proposal under consideration. No planning application has been received for land to the west of Kilnford Crescent and it would not have been appropriate or possible to have included an assessment of cumulative of development on this land with the current proposed development. Consideration of the effect of increased vehicle emissions is contained within the Environmental Assessment. The predicted volume of traffic falls below the level at which a full air quality impact assessment is required and the Council’s Environmental Health Service has no objections to the application.
Duration of Consent: SPP (paragraph 238) advises that development plans should support the maintenance of a landbank of permitted reserves for construction aggregates of at least 10 years at all times in all market areas but does not advise a maximum landbank. The South Ayrshire LDP policy: minerals and aggregates states that the Council will accept minerals proposals which help ensure an adequate supply of the mineral in question within the relevant market area. In accordance with National policy, the LDP does not identify a maximum landbank.
Mitigation: There are aspects of the mitigation measures proposed which cannot be implemented until extraction is completed. In particular the replacement of soils and re-establishment of vegetation could not be undertaken within the lower part of Hillhouse quarry as proposed until after the rock has been extracted. This will result in a prolonged period within which there will be a net-loss of habitat for wildlife within this part of the quarry. Elsewhere within the quarry, the application proposes restoration once extraction is completed in those areas. Habitat management within the remaining areas of the ancient woodland SSSI is a requirement of the current planning permission for Hillhouse quarry to mitigate the impact of the quarry operations on the woodland. The applicant proposes that this management activity continues over the life of the quarry over an extended area. This requirement is to be secured by planning condition.
18. Waste Management: The applicant has requested that the Council waive the requirements of the Management of Extractive Waste (Scotland) Regulations 2010 in respect of non-polluted soils and confirm that non-saleable materials generated at the site and placed directly into the quarry voids be treated as non-waste by product. These requests have been independently assessed for the Planning Service by specialist mineral consultants who have advised the Council that these are acceptable. SEPA has also confirmed that the Waste Management Plan is appropriate.
Points In Support: The points of support for the application are noted. The Council considers that the application is in broad compliance with the Local Development Plan
It is not considered that the concerns raised are sufficient to merit refusal of the application
(v) Consultation responses received
It is noted that, with the exception of Dundonald Community Council (which attached conditions to its support) no other consultees objected to the application proposal. All conditions recommended by consultees, with the exception of Dundonald Community Council, are included within the recommendation below.
(vi) Impact on the Locality
The application has been subject to various assessments as summarised elsewhere in this report. The impacts of the proposed development on the locality and the measures required to appropriately mitigate any unacceptable impacts which may arise from the proposal; both on the site, its locality and the wider area have been considered. The application has been subject to wide ranging consultation and the responses have been summarised under “Consultation Responses”, above, and appropriate recommendations for conditions, included within the recommendations.
It is considered that the submitted plans and supporting documentation outline a development proposal which will integrate well into the local area. Subject to the conditions and mitigation measures, as set out below, it is considered that the development proposal will deliver a sustainable and integrated environment, with impacts on the locality being identified and appropriately managed.
(vii) Waste Management Plan (WMP)
The submitted Waste Management Plan has been reviewed, on the Council’s behalf, by independent specialist minerals planning consultants and SEPA has also provided comments. The management of extractive waste forms an integral part of the proposals for restoration of the site. All non-saleable materials generated at the Site beyond the initial five year period will be placed directly into excavation voids to create the restoration landform. This supports the intention to undertake restoration concurrent with extraction. Both the Council’s consultants and SEPA have advised that the WMP is acceptable and that the Council should grant the applicant’s request for waiver from the requirements of the Regulations in relation to extractive waste comprising of unpolluted soil to be handled at the site and confirm that those materials generated within the site that are to be placed directly into the excavation voids be treated as non-waste by-product.
8. Conclusion:
The extension to the time period for extraction is consistent with the objective of ensuring a minimum ten year landbank of consented minerals extraction in accordance with LDP Policy: minerals and aggregates. The reduction in the surface area of the quarries generally has positive effects in respect of noise, dust and blasting effects on properties within Dundonald and in terms of impacts on the landscape and natural heritage. The increase in the depth of working is restricted to an area of Hillhouse that has been previously worked and does not raise concerns in terms of impacts on residential amenity, landscape, natural heritage or cultural heritage. The increase in depth may have implications for management of surface water and groundwater, however, these issues will be addressed by SEPA through their licensing regime.
19. The construction of the quarry access link through the Smugglers Trail Valley has been assessed as having no significant adverse effects on natural and cultural heritage, subject to implementation of mitigation measures identified through the Environmental Statement Addendum. The link will permit stone worked within Hallyards to be exported through the Hillhouse access thus significantly reducing the volume of HGV traffic using the local road network through Dundonald, once the link is operational. The construction of the link will, however, have an adverse impact on the appearance of the valley within the vicinity of the link and therefore upon the experience of walkers using the Smugglers Trail walking route, approximately 50 metres either side of the link. The magnitude of the impact will partially mitigated through the proposed woodland planting, however, the cuttings formed through the back walls of both quarries will introduce a significant and permanent change in the appearance of the landscape over a short section of the Smugglers Trail. This impact, however, must be balanced against the benefits of the overall proposal including the reduced lateral extent of the quarry workings and the reduction in HGV traffic within Dundonald.
In particular, the reduction in the northwards extent of Hallyards will avoid the loss of a significant area of native woodland and significant visual intrusion of quarry workings within the Smugglers Trail Valley. It is considered that, on balance, this reduction compensates for the visual impact that will be created by the quarry access link. The reduction in HGV traffic through Dundonald is also considered to be a positive effect of the proposed application. Furthermore, the applicant has agreed to provide a restoration bond to ensure that funds are available to restore the application site in the event that the operator fails to do so.
Having regard to all of the foregoing, it is considered that the proposal, subject to conditions and a restoration bond, is consistent with the South Ayrshire Local Development Plan and in particular the policies set out in Section 7(ii) of this report.
In relation to the applicant’s submitted Waste Management Plan it is considered that the applicant’s request for waiver and non-waste by-product confirmation are acceptable.
9. Recommendation:
It is recommended that:-
a. The Director of Place be granted delegated powers to approve the planning application subject to provision of a suitable restoration bond to ensure the satisfactory restoration and aftercare of the quarries in the event that the operations cease on a permanent basis prior to final reinstatement being carried out and the conditions set out below. b. The applicant’s request for Waiver for unpolluted soils from the requirements of the Management of Extractive Waste (Scotland) Regulations 2010 and request for Non-Waste By-Product confirmation for all non-saleable materials generated at the site and placed directly into excavation voids be granted.
Conditions
(1) That by 17.01.2092 all quarrying and associated operations within the site shall cease unless a further grant of planning permission is obtained from the Planning Authority to extend the duration of quarrying and associated operations beyond this date.
(2) That the development hereby granted shall be implemented in accordance with the plan(s) as listed below and as forming part of this permission unless a variation required by a condition of the permission or a non-material variation has been agreed in writing by the Planning Authority.
(3) The extraction of minerals and reinstatement of areas shall be carried out in accordance with the extraction limits and sequence shown on approved drawings of the environmental statement M15.116(a).D.021, M15.116(a).D.022, M15.116(a).D.023, M15.116(a).D.024 and M15.116(a).D.025. For the avoidance of doubt, there shall be no extraction of minerals within the areas denoted as "Areas to be Relinquished from Development" on approved drawing number M15.116(a).D.068
20. (4) Prior to the commencement of work for the formation of the quarry access link between Hillhouse Quarry and Hallyards Quarry, full details of the following shall be submitted to and approved in writing by the Planning Authority:-
a. details, in plan form including cross sections, showing the precise location and proposed finished ground levels of the quarry access link. Any details pursuant to this condition shall show the location of the quarry access link being in general accordance with and no closer to Kemp Law than shown on the approved drawing M15.116(a).D.070;
b. details in plan and written form of the measures to reduce the risk of adverse impact on wet woodland habitat within the Dundonald Woodlands SSSI as a result of the excavations to form the quarry access link. Such details shall be in accordance with paragraph 27 of the Addendum to the Environmental Statement, Appendix C and drawing number 170885-005 Revision A in Appendix E of the Addendum to the Environmental Statement.
c. a Construction Method Statement demonstrating the measures to minimise the impact of the quarry access link during the construction phase on the surrounding flora and fauna;
d. the precise route of the temporary diversion of the Smugglers Trail footpath and the route of the reinstated footpath. Any details pursuant to this condition shall show the reinstated footpath following the original route;
e. construction details of the diverted and restored Smugglers Trail footpaths, including the width of the path, build-up of the path base, the final surfacing material, edge treatment and surface drainage;
f. details of temporary signage required to direct walkers to the appropriate path route;
g. details of the composition and depth of soils to be placed on the excavated benches within the linkage area, the backfilled area above the underpass and the screening bunds that are to be formed either side of the underpass;
h. details of the tree species and density of planting to mitigate the impact of the quarry access link on the landscape quality and biodiversity value of the Smugglers Trail Valley;
i. details of a scheme of aftercare works required to ensure the successful implementation of the approved landscaping scheme;
(5) Prior to the commencement of work for the formation of the quarry access link between Hillhouse Quarry and Hallyards Quarry a phasing plan for the construction of the quarry access link and footpath diversion required for the Smugglers Trail footpath and the landscaping works required to mitigate the impact of the development shall be submitted to and approved by the Planning Authority. Any details pursuant to this condition shall ensure that at no point in time will both the original Smugglers Trail footpath and the footpath diversion be unavailable for use by the public;
(6) The quarry access link and related footpath diversion and landscaping works shall be undertaken in accordance with the details approved under condition 4 and in the sequence approved under condition 5 of this permission. The developer shall notify the Planning Authority in writing of the date of commencement of works for the construction of the quarry access link. All works for the construction of the quarry access link and the landscaping and other works required to mitigate the impact of the development shall be completed within five years of work commencing on the construction of the quarry access link.
(7) The Smugglers Trail footpath diversion shall be maintained by the developer until such time as the restored footpath is available for public use, with the surface being maintained free of encroaching vegetation, mud and defects resulting from water erosion. Any remedial work shall be carried out within one month of such defects being identified by the applicant or operator or being notified to the applicant/operator by the Planning authority.
21. (8) The areas identified on approved drawing numbers M15.116(a).D.021, M15.116(a).D.022, M15.116(a).D.023, M15.116(a).D.024 and M15.116(a).D.025 to be restored during the operational life of the quarries shall be spread with soil (or soil forming material) and planted and seeded with suitable species within one growing season following the completion of material placement works within these areas. Prior to any soil spreading and planting and seeding taking place in accordance with this condition, details of the composition of the soil or soil forming materials; the intended depth of soil or soil forming materials to be spread within the restoration areas; details of the species type and planting densities of all species to be included within the planting scheme; and details of aftercare measures required to ensure that all new planting is maintained shall be agreed in writing with the planning authority. The choice of soil composition and species of plant shall accord with the approved Concept Restoration Plan shown on approved drawing number M15.116(a).D.069.
(9) That within one year of the expiry of this permission or the permanent cessation of quarrying activities, whichever is the sooner, the operator or quarry owner shall submit a plan for the reinstatement and aftercare of the unrestored parts of the application site. The reinstatement plan shall accord with the principles embodied within the Concept Restoration Plan shown on approved drawing M15.116(a).D.069 and shall, depending upon the final excavation profile, incorporate standing and ephemeral water bodies, marsh, conservation grassland and woodland areas and recreational paths. Notwithstanding the generality of the foregoing, the reinstatement plan shall include the following:-
a. Stabilisation of the final excavation faces b. Removal of all loose rock c. Removal of all machinery and fixed plant d. Demolition and clearance of all buildings & their foundations e. Removal or spreading of any remaining stockpiles f. Spreading of the any remaining materials contained within the extractive waste tips g. Backfilling of the quarry benches as identified in the approved plans h. Recovery of all soils within the site and reuse of such materials within the site to form a growing medium for subsequent habitat creation i. Water management systems to moderate the rate and quality of any water discharge from the site to receiving water bodies in accordance with prevailing standards at the time j. The plan shall include a schedule of aftercare works to be carried on for a minimum period of 5 years following completion of all restoration works.
(10) Prior to the commencement of work, a comprehensive Surface Water and Groundwater Management Plan shall be submitted to and approved by the Planning Authority, in consultation with SEPA. Any details submitted pursuant to this condition shall be based upon the 'Hillhouse and Hallyards Quarry Water Management Plan' contained within Appendix 9.1 of the Environmental Statement. The plan must include full details of the proposed surface water and groundwater management systems, groundwater monitoring proposals and pollution incident response plan.
(11) A vehicle wheel washing facility shall be maintained within the site. The wheel washing facility shall be used when appropriate to prevent mud and other materials being deposited onto the public road.
(12) That the public road adjacent to the site shall be kept clear of mud and any other deposited material at all times.
(13) That within one month of the completion of the access link between Hillhouse and Hallyards quarries, the use of the existing access from Hallyards Quarry onto the C38 Old Loans Road by heavy goods vehicles shall cease with the exception of heavy goods vehicles associated with the manufacture of cementitious products within Hallyards Quarry only together with access for emergency vehicles, plant, machinery and equipment.
(14) That no new vehicular access shall be constructed onto the public highway
(15) That the existing vehicular access shall be paved to the satisfaction of the Planning Authority, in consultation with the Roads Authority
(16) That sightline splay areas shall be maintained at the quarry site entrance to the satisfaction of the Planning Authority
22. (17) That Except in emergencies, or with the prior agreement of the planning authority no operations, other than crushing and screening, the operation of asphalt plants and concrete plants, distribution of materials, water pumping, servicing, maintenance and testing of plant or other similar work, to be carried out except between the following times: o 0700 hours and 1900 hours Mondays to Fridays; o 0700 hours and 1600 hours Saturdays; and o no working on Sundays.
(18) a) With respect to the control of noise resulting from the daytime operations during the hours of 0700-1900 hours, the nominal noise limit from site operations shall not exceed the following, when measured free field over any one hour period: Receptor Noise Limit (dB LAeq,1hr) Hillhouse East Lodge 55 32 Kilnford Crescent 48 7 Vernon Place 48 Dundonald Nursing Home 47 Highlees Farm 45 Hallyards Cottage 45 4 Waterworks Cottage (Collenan) 51 Hillhouse Estate House 50
b) during the hours 1900-0700 hours the nominal noise limit from site operations shall not exceed 42 dB LAeq,1hr at the noise-sensitive dwellings identified at part (a) above, when measured free field over any one hour period.
c) Notwithstanding the terms of part (a), that during temporary operations, such as soil stripping operations, the nominal daytime noise limit from site operations, shall be no more than 70 dB LAeq over any one hour period for a maximum of 56 days per year.
(19) Within three months of the date of approval of planning permission, the operator shall submit written details to the Planning Authority, of a system of noise monitoring for all activities at the site, prepared by a competent independent person, for approval by the Planning Authority, in consultation with the Environmental Health Authority. The identity of the person preparing the noise monitoring system shall be agreed in writing with the Planning Authority, in consultation with the Environmental Health Authority, prior to the preparation and submission of the written details. The system of noise monitoring shall include a requirement to provide written monitoring reports to the Planning Authority at times when new activities are to be undertaken or when the location of the operational activity alters.
(20) The system of noise monitoring approved under Condition 19 of this permission shall be implemented upon approval of the system by the Planning Authority and shall thereafter be complied with at all times, including the submission of monitoring reports.
(21) In the event of noise complaint relating to the development hereby permitted being received by the Planning Authority or the operator or site monitoring revealing non-compliance with condition 18 of this permission, an immediate investigation will be initiated by the operator and the findings of the investigation shall be reported in writing to the Planning Authority. In the event that the investigation reveals, to the satisfaction of the Planning Authority, in consultation with the Environmental Health Authority, non-compliance with condition 18, the operator shall cease the operation giving rise to the complaint until a report detailing appropriate mitigation measures to be taken has been submitted to and approved in writing by the Planning Authority. The approved mitigation measures shall be fully implemented prior to the recommencement of the operation giving rise to the complaint.
(22) The operator shall minimise emissions of dust in accordance with the approved control measures and the access road shall be maintained to ensure that all running surfaces are free of debris. The Control Measures and the Dust Mitigation Measures detailed in the Dust Management Plan contained in Chapter 14 of the approved Environmental Statement shall be implemented, reviewed as necessary and complied with at all times.
(23) All vehicles leaving the site with materials liable to wind blow shall be happed.
23. (24) Blasting shall be undertaken in such a manner to ensure that ground vibration does not exceed a peak particle velocity (ppv) of 6mm per second in 95% of all blasts measured over any continuous 12 month period and no single blast shall exceed 12mm per second. The measurement is to be taken at or near the foundations of any noise sensitive residential property not owned by the quarry owner or operator, as identified in Chapter 13, Figure 13/1 of the approved Environmental Statement.
(25) When carrying out blasting operations, the operator shall ensure that the propagation of airborne vibration outside the site is minimised.
(26) An audible warning shall be given prior to the commencement of any blasting operations.
(27) The monitoring of vibration from blasting shall be carried out at regular intervals at the sites identified in Chapter 13, Figure 13/1 in the approved Environmental Statement.
(28) Within 12 months of the date of implementation of this permission, the applicant or operator shall submit for the written approval of the Planning Authority, in consultation with Scottish Natural Heritage, a Habitat Management Plan for the areas of woodland and grassland shown on approved drawing number M15.116(a).D.068. The habitat management plan shall provide an updated program of mitigation for the loss of habitat within the Dundonald Wood Site of Special Scientific Interest. Such a program of mitigation may include, but shall not be limited to, the following actions:- I. All woodland identified as woodland under management and additional woodland to be managed on drawing M15.116(a).D.068 brought into positive management II. A habitat management plan detailing management proposals for areas of woodland that are to be retained; III. A soil management plan for the planned storage of and reuse of woodland soils, as part of the habitat management plan; IV. Inclusion of the area of grassland shown as the eastmost area to be relinquished on drawing M15.116(a).D.068 within the habitat management plan; V. Translocation of the basin mire fens and methodology for carrying this work out; VI. Hydrological monitoring.
(29) Implementation of the habitat management plan approved under condition 28 of this permission shall be commenced within one month of the receipt of the Planning Authority's written approval of the plan.
(30) Prior to the commencement of work for the construction of the quarry access link, an updated bat roost feature inspection, carried out by a suitably qualified ecologist shall be undertaken. In the event that evidence of the presence of bats is observed, additional surveys shall be undertaken to determine the requirement for protected species licensing.
(31) Prior to the commencement of work for the implementation of this permission, an updated badger survey, carried out by a suitably qualified ecologist, shall be undertaken. In the event that evidence of the presence of badgers is observed, additional surveys shall be undertaken to determine the requirement for protected species licensing.
(32) All works for the clearance of vegetation shall be undertaken outwith the nesting bird season (March to August inclusive). In the event that it is necessary to undertake vegetation clearance works during the nesting bird season, all such works shall be preceded by a nesting bird survey undertaken by a suitably experienced ecologist, in order to check for nesting birds. In the event that active nests are discovered, then the works shall be suspended immediately and advice sought from a suitably experienced ecologist on how best to proceed.
(33) Prior to the commencement of ground clearance and excavation work within the south west corner of Hillhouse quarry and within the area to contain the proposed quarry access link, a Peregrine Falcon Management Plan shall be submitted to and approved by the Planning Authority. The plan shall include measures to prevent disturbance to nesting birds and any other necessary measures.
(34) That all artificial lighting shall be downward directed to minimise interference of bat flight lines
24. (35) Prior to the commencement of any soil stripping works within the southern part of Hallyards quarry, the developer shall submit for the Council's approval an archaeological mitigation strategy for the area of the site containing the former scheduled Hallyards Farmstead and the related enclosure lying to the North (WOSASPINs 6553 and 6545). The strategy shall include: I. removal of vegetation cover under the direction of an archaeologist; II. full survey and mapping of the remains; de-turfing of recognisable features by hand III. cleaning/exposure of each individual feature for detailed recording followed by evaluation to investigate each feature in detail.
The approved strategy shall be fully implemented and all protection and/or recording and recovery of archaeological resources within the development site undertaken to the satisfaction of the Planning Authority in agreement with the West of Scotland Archaeology Service, prior to extraction of minerals within this area of the site.
(36) Prior to the commencement of any soil stripping works within the Hillhouse area of the application site and the area containing the quarry access link, the developer shall submit for the Council's approval an archaeological mitigation strategy. Thereafter the developer shall ensure that the approved strategy is implemented in full and that all protection and/or recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Planning Authority, in consultation with the West of Scotland Archaeology Service.
(37) Prior to the commencement of work for the construction of the quarry access link, a plan for the positive management and interpretation of Kemp Law Dun Scheduled Monument shall be submitted to and approved by the Planning Authority, in consultation with Historic Environment Scotland. The approved management plan shall be implemented within 5 years of the quarry access link being brought into use for transport of material between the Hallyards and Hillhouse areas.
(38) An annual quarry survey plan shall be submitted to the Planning Authority on the anniversary of the date of implementation of this planning permission. The survey plan shall be submitted in both paper and digital formats and shall demonstrate the lateral and vertical extent of the excavated and restored areas as they existed not more than 3 months prior to the anniversary date.
(39) That the site boundary shall be stockproof fenced throughout the period of the consent.
(40) That prior to work commencing on site detailed arrangements for the establishment of a Technical Working Group (TWG), as recommended within the applicant's Environmental Statement shall be submitted for the prior written approval of the Planning Authority. The required arrangements shall include; constitution, membership, precise remit and frequency of meetings. The TWG shall include representatives of the Council, SEPA and SNH.
Reasons:
(1) To retain effective control over the duration of winning and working minerals at the site (2) In order to ensure that the development is carried out in accordance with the approved plans (3) In order to define the limits of the permission and for the avoidance of doubt (4) In order to ensure protection of the natural and cultural heritage within the Smugglers Trail Valley. (5) In order to ensure continuity of access to the Smugglers Trail Core Path (6) In order to ensure that the construction of the quarry access link is undertaken in accordance with the approved details and is completed within a reasonable timescale (7) in order to ensure that the Core Path diversion is maintained to an adequate standard (8) in order to ensure that restoration is undertaken concurrently with extraction to mitigate the effect of the quarry on the environment and the amenity of the surrounding area (9) in order to ensure that the quarry is restored to a beneficial after use upon permanent cessation of extraction works (10) In order to ensure protection of surface water and groundwater from accidental pollution (11) In the interest of road safety (12) In the interest of road safety (13) In the interest of amenity to help limit the volume of HGV traffic using the local road network within Dundonald and Loans (14) in the interest of road safety (15) in the interest of road safety (16) in the interest of road safety 25. (17) in order to minimise the impact of the development on the amenity of the surrounding area as a result of noise nuisance (18) in order to minimise the impact of the development on the amenity of the surrounding area as a result of noise nuisance (19) in order to minimise the impact of the development on the amenity of the surrounding area as a result of noise nuisance (20) in order to minimise the impact of the development on the amenity of the surrounding area as a result of noise nuisance (21) in order to minimise the impact of the development on the amenity of the surrounding area as a result of noise nuisance (22) In order to ensure that the amenity of the surrounding residential areas are protected from dust nuisance and in the interest of maintaining the ecological value of the adjoining woodland areas (23) To minimise the propagation of dust in the interest of amenity (24) In the interest of residential amenity (25) in the interest of residential amenity (26) in order to minimise the effect of blasting on residential amenity and to provide warning (27) to help ensure that the effects of blasting on residential amenity are minimised (28) in order to mitigate the effect of the development on the natural environment (29) in order to mitigate the effect of the development on the natural environment (30) in the interest of nature conservation (31) in the interest of nature conservation (32) in the interest of nature conservation (33) in the interest of nature conservation (34) in the interest of nature conservation (35) in order to appropriately conserve the potential archaeological resources within the Hallyards area of the site (36) in order to appropriately conserve the potential archaeological resources within the Hillhouse area of the site (37) In order to help mitigate the impact of the proposal on the archaeological resource adjacent to the site (38) in order to assist the Planning Authority maintain proper planning control of the development (39) in the interest of public safety (40) In order to ensure that the ongoing restoration work meets with the objectives set out in the Environmental Statement, in the interest of amenity and the environment.
Advisory Notes:
(1) The proposed development lies within a coal mining area which may contain unrecorded coal mining related hazards. If any coal mining feature is encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848. Further information is also available on the Coal Authority website at: www.gov.uk/government/organisations/the-coal-authority
(2) The proposed development lies within an area that has been defined by the Coal Authority as containing potential hazards arising from former coal mining activity. These hazards can include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and previous surface mining sites. Although such hazards are seldom readily visible, they can often be present and problems can occur in the future, particularly as a result of development taking place.
It is recommended that information outlining how the former mining activities affect the proposed development, along with any mitigation measures required (for example the need for gas protection measures within the foundations), be submitted alongside any subsequent application for Building Warrant approval (if relevant).
Any form of development over or within the influencing distance of a mine entry can be dangerous and raises significant safety and engineering risks and exposes all parties to potential financial liabilities. As a general precautionary principle, the Coal Authority considers that the building over or within the influencing distance of a mine entry should wherever possible be avoided. In exceptional circumstance where this is unavoidable, expert advice must be sought to ensure that a suitable engineering design is developed and agreed with regulatory bodies which takes into account of all the relevant safety and environmental risk factors, including gas and mine-water. Your attention is drawn to the Coal Authority Policy in relation to new development and mine entries available at: www.gov.uk/government/publications/building-on-or-within-the-influencing-distance-of-mine- entries 26.
Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Coal Authority Permit. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain a Coal Authority Permit for such activities is trespass, with the potential for court action.
Property-specific summary information on past, current and future coal mining activity can be obtained from: www.groundstability.com or a similar service provider.
If any coal mining features are unexpectedly encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848. Further information is available on the Coal Authority website at: www.gov.uk/government/organisations/the-coal-authority
(3) The Extended Phase 1 Habitat Survey (dated November 2016) identified the presence of Japanese Knotweed on site to the north of the Hallyards area. Although this is only present in a small area, its removal and appropriate disposal is an important consideration especially if material from the site is being sold on and distributed nationally or in restoration. The applicant should carefully follow the relevant guidance for the eradication and disposal of INNS. Further information on this is available in the Code of practice on Non-Native Species as well as the following webpage and guidance.
https://www.gov.uk/guidance/prevent-the-spread-of-harmful-invasive-and-non-native-plants http://www.sepa.org.uk/media/163480/biosecurity-and-management-of-invasive-non-native- species-construction-sites
(4) SEPA note that an application will be required to vary the Pollution Prevention and Control permit for operations on the site to account for the changes to the site boundary and extraction limits. Details of regulatory requirements and good practice advice can be found on the Regulations section of our website. If you are unable to find the advice you need for a specific regulatory matter, please contact a member of the regulatory services team in your local SEPA office at: 31 Miller Road, Ayr, KA7 2AX, Tel: 01292 294000
Whilst SEPA has no consentability concerns at this stage SEPA would also highlight that the applicant will require further discussions with its regulatory services team regarding the regulatory implications of the activities under the Water Environment (Controlled Activities) (Scotland) Regulations 2011 (as amended) (CAR) and the Pollution Prevention and Control (PPC) regime. SEPA would particularly highlight the need to discuss the new discharge licence from Hallyards, variation to the existing discharge licence to Gailes Burn and the potential for an abstraction licence all under CAR as soon as possible.
(5) In accordance with the Management of Extractive Waste (Scotland) Regulations 2010, the submitted Waste Management Plan hereby approved is subject to the following deemed conditions: 1/ Extractive waste shall be managed in accordance with the Waste Management Plan 2/ The WMP shall be reviewed by the operator no later than 5 years from the date of this approval and every 5 years thereafter or in the event of substantial changes to the extractive waste area or facility or to the waste deposited. Any amendments to the WMP, whether as a result of a review or otherwise shall be notified to the planning authority.
List of Determined Plans:
Drawing - Reference No (or Description): SITE PLAN ES Figure 2-3 -Nov 2016
Drawing - Reference No (or Description): LOCATION PLAN ES FIGURE 1-1 -July 2016
Drawing - Reference No (or Description): CULTURAL HERITAGE SITES ES FIGURE 11-1 -May 2016
Drawing - Reference No (or Description): HISTORIC MAP 1828 ES FIGURE 11-2-May 2016
Drawing - Reference No (or Description): HISTORIC MAP 1654 ES FIGURER 11-3-May 2016
27. Drawing - Reference No (or Description): HISTORIC MAP 18TH CENTURY ES FIGURE 11-4 -May 2016
Drawing - Reference No (or Description): HISTORIC MAP 1860 ES FIGURE 11-5 -May 2016
Drawing - Reference No (or Description): NOISE RECEPTOR LOCATIONS ES FIGURE 12-1
Drawing - Reference No (or Description): BLASTING RECEPTOR LOCATIONS ES Figure 13-1
Drawing - Reference No (or Description): AIR QUALITY LOCATIONS ES Figure 14-1
Drawing - Reference No (or Description): OBLIQUE AERIAL PHOTOGRAPH ES Figure 2-1
Drawing - Reference No (or Description): CURRENT AND CONSENTED POSITION ES Figure 2-2
Drawing - Reference No (or Description): LOCAL DESIGNATIONS AND INFLUENCE ES Figure 2-4
Drawing - Reference No (or Description): ALTERNATIVE CROSSING ES Figure 3-1
Drawing - Reference No (or Description): FULL QUARRY DESIGN ES Figure 4-1
Drawing - Reference No (or Description): RESTORATION CROSS SECTIONS ES Figure 4-10
Drawing - Reference No (or Description): FIVE YEAR PLAN ES Figure 4-2
Drawing - Reference No (or Description): INDICATIVE QUARRY UNDERPASS AND ES Figure 4-3
Drawing - Reference No (or Description): TEN YEAR PLAN ES Figure 4-4
Drawing - Reference No (or Description): FIFTEEN YEAR PLAN ES Figure 4-5
Drawing - Reference No (or Description): FIFTY YEAR PLAN ES Figure 4-6
Drawing - Reference No (or Description): FINAL QUARRY DEVELOPMENT -SEVENT ES Figure 4-7
Drawing - Reference No (or Description): CONCEPT RESTORATION ES Figure 4-8
Drawing - Reference No (or Description): QUARRY DEVELOPMENT CROSS SECTION ES Figure 4-9
Drawing - Reference No (or Description): TOPOGRAPHICAL LOCATION PLAN ES Figure 7-1
Drawing - Reference No (or Description): LANDSCAPE DESIGNATIONS ES Figure 7-2
Drawing - Reference No (or Description): LANDSCAPE CHARACTER ES Figure 7-3
Drawing - Reference No (or Description): CURRENT SITUATION ZTV ES Figure 7-4
Drawing - Reference No (or Description): PERMITTED EXTRACTION ZTV ES Figure 7-5
Drawing - Reference No (or Description): PROPOSED EXTRACTION ZTV ES Figure 7-6
Drawing - Reference No (or Description): ASSESSMENT ZONES AND PHOTOGRAPHI ES Figure 7-7
Drawing - Reference No (or Description): PHOTOGRAPHIC SHEETS A-D ES Figure 7-8
Drawing - Reference No (or Description): EXTENDED PHASE 1 HABITAT SURVEY ES Figure 8-1
Drawing - Reference No (or Description): WOODLAND FELL PLAN ES Figure 8-2
Drawing - Reference No (or Description): WATER FEATURES ES Figure 9-1
Drawing - Reference No (or Description): DRIFT GEOLOGY ES Figure 9-2
Drawing - Reference No (or Description): SOLID GEOLOGY ES Figure 9-3
Drawing - Reference No (or Description): HYDROGEOLOGICAL CONCEPTUAL MODEL ES Figure 9- 28. 4
Drawing - Reference No (or Description): LOCATION PLAN M15.116 (a).D.007
Drawing - Reference No (or Description): APPENDIX 8-2 EXTENDED PHASE 1 HA M15.116(a).D.001
Drawing - Reference No (or Description): APPENDIX 9-1 C HYDRO FEATURES 167272-001
Drawing - Reference No (or Description): APPENDIX 9-1 D HYDRO FEATURE 167272-001
Drawing - Reference No (or Description): APPENDIX 9-1 E POND SETTLEMENT A 167272-005
Drawing - Reference No (or Description): APPENDIX 9-1 F POND SETTLEMENT A 167272-006
Drawing - Reference No (or Description): APPENDIX 9-1 G SETTLEMENT OUTLIN 167272-007
Drawing - Reference No (or Description): APPENDIX 9-1 H SETTLEMENT OUTLIN 167272-008
Drawing - Reference No (or Description): APPENDIX 9-1 I SWALE TYPICAL LON 167272-010
Other - Reference No (or Description): CULTURAL HERITAGE METHODOLOGY Appendix 11-1
Other - Reference No (or Description): CULTURAL HERITAGE GAZETTEER Appendix 11-2
Other - Reference No (or Description): LVIA METHODOLOGY Appendix 7-1
Other - Reference No (or Description): LVIA ASSESSMENT Appendix 7-2
Other - Reference No (or Description): EXTENDED PHASE 1 HABITAT SURVEY Appendix 8-1
Other - Reference No (or Description): BREEDING BIRD SURVEY Appendix 8-3
Other - Reference No (or Description): GREAT CRESTED NEWTS EDNA REPORT Appendix 8-4
Other - Reference No (or Description): CONFIDENTIAL BADGER SURVEY REPOR Appendix 8-5
Other - Reference No (or Description): SURFACE WATER MANAGEMENT PLAN Appendix 9-1
Other - Reference No (or Description): PAC REPORT Planning Statement - App
Other - Reference No (or Description): WATER USE LICENCE Appendix 9-1
Other - Reference No (or Description): LOCATION PLAN Planning Statement - App
Other - Reference No (or Description): PLANNING PERMISSION FORMS Planning Statement - App
Other - Reference No (or Description): WASTE MANAGEMENT PLAN Planning Statement - App
Other - Reference No (or Description): ENVIRONMENTAL STATEMENT Volume 1
Other - Reference No (or Description): PLANNING STATEMENT Volume 3
Other - Reference No (or Description): APPENDIX A4.13
Drawing - Reference No (or Description): M15.116(A).D.071 CROSSING POINT
Drawing - Reference No (or Description): M15.116(A).D.069 CONCEPT RESTORA
Other - Reference No (or Description): APPENDIX A4.12
Other - Reference No (or Description): APPENDIX B EXPERIENCE STATEMENT
Other - Reference No (or Description): APPENDIX C ADDITIONAL HYDRO INFO
Other - Reference No (or Description): APPENDIX A4.11 CROSSING COMPARIS
29. Other - Reference No (or Description): APPENDIX4.14 3D VIEW CROSSING
Other - Reference No (or Description): APPENDIX A4.15 ALT CROSSING 3D
Drawing - Reference No (or Description): M15.116(A).D.070 ALT CROSS LAYO
Drawing - Reference No (or Description): M15.116(A).D.068 WOOD MANAGEMENT
Other - Reference No (or Description): ES ADDENDUM NTS
Other - Reference No (or Description): ES ADDENDUM VOL 1
Reason for Decision (where approved):
The siting and design of the development hereby approved is considered to accord with the provisions of the development plan and there is no significant adverse impact on the amenity of neighbouring land and buildings.
Background Papers:
1. Application form, plans and submitted documentation 2. Consultation Responses 3. Representations 4. Waste Management Plan 5. EIA Report Volume 1 : Part A Written Statement 6. EIA Report Volume 1 : Part B Drawings 7. EIA Report Volume 1: Part C Appendices 8. EIA Report Volume 2: Non-Technical Summary 9. EIA Addendum Volume 1: Written Statement 10. EIA Addendum Volume 2: Non-Technical Summary 11. Planning Permission Reference 5431 12. Notice of Determination CE/5/2 13. Planning Permission 11/00460/FURM 14. South Ayrshire Local Development Plan 15. Scottish Planning Policy 16. Planning Advice Note 50 and Annexes: controlling the environmental effects of surface mineral workings 17. Management of Extractive Waste (Scotland) Regulations 2010
Equalities Impact Assessment
An Equalities Impact Assessment is not required because the proposed development is not considered to give rise to any differential impacts on those with protected characteristics
Person to Contact:
Mr Alan Edgar, Supervisory Planner, Priority Projects - Telephone (01292) 616683
APPENDIX A – SUMMARY OF LANDSCAPE AND VISUAL IMPACT ASSESSMENT
Viewpoint Location magnitude of effect - magnitude of effect - comments permitted proposed 1 Sawmill at Auhengate looking SE towards Hillhouse Notable/Substantial Slight/Moderate Removal of 1960’s crushing plant building will outer face (0.7km) significantly reduce landscape impact. Upper faces of Hillhouse will be visible in both proposed and permitted schemes 2 Shewalton Road adjacent to access to Shewalton Slight to Moderate Neutral/Very Slight Crushing and screening plant and asphalt Lodge (2km) plant stacks are visible. Upper faces of Hillhouse will be visible for both the permitted and proposed extraction limits. The quarry access link will also be visible. The removal of the 1960s crushing plant significantly reduces the magnitude of effect. 3 From Marine Drive railway bridge close to Gailes Moderate to Notable Neutral to Slight The 1960s crushing plant is the most Pumping Station (located to NE of Hillhouse) (3km) dominant feature and its removal reduces the magnitude of effect. 4 Adjacent to 7 Kilnford Drive, Dundonald (located NW), Moderate Moderate The bare, outer edge of the current working (0.5km) area at Hillhouse is visible on the ridgeline. No other aspects of the permitted or proposed development are visible from this location 5 (i) and Footpath running along the northwestern boundary of Medium Medium Footpath is within permitted and proposed (ii) Hillhouse (within permitted and proposed extraction upper eastern quarry working area. Path will boundary) be diverted to permit full extraction of this area. Screening bund is proposed. 6 From Barassie (Kilmarnock Road railway bridge, 1.6km Moderate (Hillhouse) Neutral/Slight 1960’s crushing plant and upper working from site) Notable (Hallyards) (Hillhouse) faces in eastern area of Hillhouse visible. Slight/Moderate Hallyards southern permitted area very (Hallyards) visible. Significant reduction in extent of Hallyards extraction area that will be visible, hence reduction in magnitude of impact. 7a Bridge over A78 at Collenan farm (0.5km) Slight/Moderate Slight/Moderate Only glimpsed views possible of permitted and proposed extraction limits 7b From within Collenan (0.5km) Moderate (Hillhouse) Moderate (Hillhouse) The unworked southern half of Hallyards Notable/Substantial Notable (Hallyards) permitted extraction area is highly visible from (Hallyards) the cluster of farm buildings and houses at Collenan. The reduced extraction area at Hallyards (within the Smugglers Trail Valley) will significantly reduce the magnitude of effect. 2.
8 Access track to Harpercroft and Wardlow Hill (0.15km) Notable (Hallyards) Notable (Hallyards) Northern extent of Hallyards quarry permitted extraction fully open to view from minor road and Wardlow Hill. Reduced extraction area will nevertheless result in similar level of impact. 9 Junction of minor road to Crooks and Rowanhill (2.3 Moderate (Hallyards) Slight (Hallyards) Permitted development at Hallyards will be km east of site) visible. The reduced landtake will reduce the magnitude of impact from this viewpoint. 10(i) and View from within Smugglers Trail Valley at proposed No impact Substantial Quarry link will have substantial impact on the (ii) quarry access link crossing point landscape within the immediate vicinity of the crossing point. However, the impact will be limited to within 50m of the crossing point, beyond which the existing trees and other vegetation will obscure views. The landscaping plan to be implemented post construction will reduce magnitude of effect to Low to Medium. t:\planning admin burns house\planning admin private\regulatory panel\2019\11 december 2019\1700027appm report.docx