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Kate Willshaw Sent: 20 August 2010 17:04 To: Trueman, Kerry Subject: RE: MWDF Site Allocation Eip

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Kate Willshaw Sent: 20 August 2010 17:04 To: Trueman, Kerry Subject: RE: MWDF Site Allocation Eip file:////CCC-PRDC-FP05/Kendal/Filing/planning/policy/p0334-022%2...100820%20from%20Lakeland%20Minerals%20and%20D%20A%20Harrison.htm From: Trueman, Kerry Sent: 23 August 2010 15:46 To: Brett, Sue A Subject: FW: second of 2 emails from Stephenson Halliday further rep - Main Matter 5 Sub Matter2 representor No 64 Importance: High From: Peter Sent: 20 August 2010 23:48 To: Trueman, Kerry Cc: Nick Subject: FW: CUMBRIA MINERALS AND WASTE DEVELOPMENT FRAMEWORK SITE ALLOCATIONS POLICIES AND PROPOSALS MAP - Main Matter 5 Sub Matter2 representor No 64 Importance: High Dear Kerry, Thank you for considering my request for an extension of time to submit the above representation. The reason for the time extension was that I am currently involved in the throes of moving house and the last two days my dog has become very ill, necessitating my wife and I having to make the decision to put her to sleep today. As your email of today did not confirm that an extension of time would be allowed I have decided that it will be necessary to get something to you before 12.00 on 20 August, so please find attached the representation. Due to the time constraint I have not been able to produce the quality I would normally aim for but the essence of the case is provided. So this email is being sent at 11.45 (23.45) on the 20 August Please find attached a further representation made in respect of the Cumbria Minerals and Waste Local Development Framework: Site Allocations Development Plan Document. This submission is made on behalf of Lakeland Minerals (Kirkhouse quarry) and D A Harrison (Goodyhills site) and is made in relation to the decision of Cumbria County Council not to allocate an area for the extension of the Kirkhouse site or an area of search at the Goodyhills site. I trust that this representation can be considered duly made. Kind regards Peter Peter Stephenson Director Stephenson Halliday Ltd file:////CCC-PRDC-FP05/Kendal/Filing/planning/policy/p0...from%20Lakeland%20Minerals%20and%20D%20A%20Harrison.htm [30/09/2010 12:37:50] CUMBRIA MINERALS AND WASTE DEVELOPMENT FRAMEWORK SITE ALLOCATIONS POLICIES AND PROPOSALS MAP WRITTEN STATEMENT ON BEHALF OF LAKELAND MINERALS LTD IN RESPECT OF KIRKHOUSE SAND QUARRY AND D A HARRISON IN RESPECT OF GOODYHILLS SAND AND GRAVEL SITE. Main Matter 5: Sub Matter 2 Representor: 64 BACKGROUND This Statement is being submitted under reference 64 which includes both Lakeland Minerals Ltd (Kirkhouse quarry) and D A Harrison (Goodyhills site). In respect of the various representations made for Lakeland Minerals Ltd for Kirkhouse quarry I do not wish to reiterate the full content of the representations but would like to make certain that all the points made in my letters to Mr Evans dated 3 February 2010, 9 October 2009, 2 April 2007 and 10 August 2006 references CMWDF/Kirkhouse/PAS, are all fully taken into account. Similarly in respect of the various representations made for D A Harrison for the Goodyhills site I do not wish to reiterate the full content of the representations but would like to make certain that all the points made in my letter to Mr Evans dated 3 February 2010, 9 October 2009, 3 April 2007 and 24 August 2006 references CMWDF/Goodyhills/PAS are all fully taken into account. SOUNDNESS APPRAISAL The examination of Development Plan Documents (DPD) seeks to establish whether the DPD submitted: A) meets the legal requirements relating to the preparation of DPD’s; and B) is sound. 1 The test of soundness is explained in PPS 12 and requires that Core Strategies and Other DPD’s are required to be; • Justified; • Effective; and • Consistent with National Policy. The process of preparing a Local Development Framework starts with the Core Strategy. It is the Core Strategy that establishes the key issues and options for the future development of an area and identifies strategic locations for development. The remaining Development Plan Documents flow from the principles established during the preparation for the Core Strategy. The Site Allocations DPS identifies specific sites and areas for development to deliver the principles established by the Core Strategy. With regard to the Core Stategy paragraph 10.4 confirms that for sand and gravel preferred areas and areas of search will be identified to maintain a landbank of at least 7 years through out the plan period. Paragraph 10.13 confirms that with regard to "landbanks", the long standing policy of the County Council has been to maintain a landbank of at seven years for sand and gravel. National policy, as stated in Annex 1 of Minerals Policy Statement 1, is that the landbank indicators, of when new permissions are likely to be needed, are at least seven years for sand and gravel. It also states that separate landbank calculations may be appropriate where there are distinct and separate markets for high specification roadstone, asphalting, building or concreting sands. However the County Council has stated that it is not convinced that there is a need to provide longer landbanks for these markets and that no evidence has been provided relating to any specialist sands. Paragraph 10.18 states that the sand and gravel reserves at the end of 2005 represented a landbank of just over 13 years at the apportionment level or 11.5 years 2 at recent sales levels. Using the sub-regional apportionment figures and the recent sales figures a seven year landbank for Cumbria would be between 4.9 and 5.6 million tonnes. The County Council has resolved to grant permission for an additional 1.5 million tonnes at High House quarry and 4.5 million tones at Overby quarry. Even with these, the landbank will fall below seven years within the plan period and all of the existing sand and gravel planning permissions will expire well within the period. Additional planning permissions will be needed to maintain supplies. This may be achieved by extending the life of existing permissions, but is also likely to require new reserves to be released. Core Strategy Policy 13 confirms that provision will be made to take account of Cumbria's pattern of quarries and the areas they supply, and its dispersed settlement pattern and transport routes; to identify areas sufficient to maintain landbanks of permitted reserves for supply areas equivalent to at least seven years sales (using the rolling three-year annual average sales figure) for sand and gravel throughout the plan period. To summarise the foregoing provisions of the Core Strategy in respect of the supply of sand and gravel, it is acknowledged that even with the latest planning permissions at High House and Overby quarries, the landbank will fall below seven years within the plan period and there will be the need for additional planning permissions. Reference is made to Annex 1 of MPS 1 where it states that separate landbank calculations may be appropriate where there are distinct and separate markets for high specification roadstone, asphalting, building or concreting sands. However the County Council states that it is not convinced that there is a need to provide longer landbanks for these markets and that no evidence has been provided relating to any specialist sands. Referring to the MWDF Submission Site Allocations Pre-submission Consultations Statement April 2010, our Regulation 27 Representation stated that it was 3 acknowledged that the latest planning permission at M11 Kirkhouse Quarry will extend its life to 2021, but before that date, it will be necessary to consider an extension, in order to secure reserves for this site and to maintain the minimum 7-year landbank in the county. The County Council’s response was, “With the number of recent planning permissions, for around 7 million tonnes of sand and gravel, it seems unlikely that the landbank will drop below seven years within the plan period”. With reference to our Regulation 27 Representation in respect of the Goodyhills site we stated that whilst acknowledging that there is a good landbank in the area, M32 Goodyhills should be an Area of Search for the longer term, because of the known high quality of the deposit – there is likely to be a significant demand for this quality of concreting sand, given the proposals for new nuclear build which will occur within this MWDF timeframe. The County Council’s response was, “An Area of Search between High House and Overby quarries is identified, but considered unlikely to be needed within this plan period. Another Area of Search has not been included”. The decision not to include Kirkhouse as an Area of Search is considered unsound principally because there is a complete conflict with the provisions of the Core Strategy which clearly states as described above, “additional planning permissions will be needed to maintain supplies”, and the statement in MWDF Submission Site Allocations Pre-submission Consultations Statement April 2010, which states, “it seems unlikely that the landbank will drop below seven years within the plan period”. In respect of the request for the allocation of an extension at Kirkhouse and allocating Goodyhills as an area of search, a principal reason was the consideration of quality, as well as ensuring the longer term supply. At Kirkhouse the sand is processed not only for a variety of fine aggregates but for specialist sands and composts for particular uses for sports pitches, etc. With regard to Goodyhills the sand deposit here is a geologically coarser sand and gravel which is well suited to be processed into a 4 concrete sand. Geological investigation over the years has confirmed this and due to its location in the overall sand resource it is coarser than the various sites currently working the same resource.
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