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Final Ibstock Quarry ROMP

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Final Ibstock Quarry ROMP DEVELOPMENT CONTROL AND REGULATORY BOARD 16TH APRIL 2015 REPORT OF THE CHIEF EXECUTIVE COUNTY MATTER PART A – SUMMARY REPORT APP.NO. & DATE: 2015/0262/07 (2014/ROMPEIA/0250/LCC) – 20th November 2014 PROPOSAL: Application for the determination of conditions in accordance with the Review of Old Mining Permissions (ROMP) procedure, Leicester Quarry, Leicester Road, Ibstock. LOCATION: Ibstock Quarry, Ibstock APPLICANT: Ibstock Brick Ltd MAIN ISSUES: The updating of conditions, particularly those relating to amenity, ecology, landscape, highways, and restoration. RECOMMENDATION: Amend the submitted conditions to those as set out in Appendix 1 to the main report. Circulation Under the Local Issues Alert Procedure Miss. H. Worman CC. Officer to Contact Mr. P. Larter (Tel. 0116 305 7292) Email: [email protected] DC&REG. BOARD 16/04/2015 2015/0262/07 (2014/ROMPEIA/0250/LCC) - continued PART B – MAIN REPORT Description of site 1 Ibstock Quarry (or as the operator refers to it Leicester Quarry) lies immediately north east of Ibstock and west of Ellistown, and approximately 1.5 kilometres south of Coalville. Planning permission for the extraction of clay at Ellistown was first granted in 1947 under an Interim Development Order (IDO). Further planning permissions for clay extraction were granted in 1951, 1957, 1958 and 1968. In 1998 the operator submitted an application for the consolidation of the existing planning permissions for clay extraction and the extension of the quarry void east and north east of the original quarry void, i.e. towards Ellistown. This application was granted in 1999. Description of Proposal 2 The introduction of the Environment Act 1995 placed a requirement, under Schedule 14, for mineral permissions to be reviewed not less than every 15 years. This presents the Mineral Planning Authority the opportunity to assess the conditions attached to the mineral planning permissions at a mineral site and, if necessary, to bring them up to date with modern practices. The 15 years is taken from the date at which the most recent substantive mineral planning permission was granted. 3 In the case of Ibstock Quarry the latest conditions granted for a substantive planning permission for mineral extraction were those determined under the 1998 planning permission (reference 99/0261/07) issued on 23rd November 1999. Therefore, the due date for the submission of an application for the determination of new planning conditions was 23rd November 2014. The application to which this report relates was received on 20th November 2014 and is accompanied by an Environmental Statement. This review also includes three further planning permissions relating to the construction and operation of a haul road between Ibstock and Ellistown Brickworks, and the provision of a footpath as part of the quarry restoration scheme (references 2001/0926/07, 2001/0929/07, and 2003/0090/07). 4 Ibstock Brick Ltd has submitted a schedule of 59 new conditions to control the continued running of the quarry and its subsequent restoration. The vast majority of these conditions seek only to allow the continuation of the quarry’s operations as they operate today. However, there are some variations sought by the applicant which are as follows: mineral extraction until 2059 and restoration by 2061, based on an annual extraction rate of 250,000 tonnes (the current end date for mineral extraction to cease and restoration to be completed is 31st December 2035); increase to the depth and extent of mineral extraction; to move the factory process lagoon within the site; changes to the shape of the lake and woodland areas in the final restoration scheme; and to retain the buildings on the site (including the brick making factories) after the exhaustion of the mineral reserves at the site. DC&REG BOARD 16/04/2015 2015/0262/07 (2014/ROMPEIA/0250/LCC) - continued DC&REG BOARD 16/04/2015 2015/0262/07 (2014/ROMPEIA/0250/LCC) - continued Planning Policy National 5. The National Planning Policy Framework (NPPF) was published in March 2012 setting out the Government’s planning policies for England and how these are expected to be applied. It replaces previous government guidance and policy contained in Planning Policy Statements (PPSs). The NPPF states that development that accords with an up-to-date Local Plan should be approved. Paragraph 142 of the NPPF recognises the essential role that minerals play in supporting sustainable economic growth and quality of life, and thus, the importance of ensuring that there is a sufficient supply of material to provide the infrastructure, buildings, energy and goods that the Country needs. Local 6. The relevant local development plan policies are contained within the Leicestershire Minerals Development Framework: Core Strategy and Development Control Policies document adopted in October 2009 and the North West Leicestershire Local Plan (adopted August 2002). 7. Policy MCS3 of the Leicestershire Minerals Development Framework explains that proposals for the extraction of brickclay will be allowed only where they will not cause unacceptable harm to the environment or communities. 8. Policy MCS11 states that the natural and built environment is to be protected by ensuring that minerals developments: do not have any unacceptable adverse impacts on natural resources, landscape, biodiversity, historic and cultural features, the character of settlements and residential amenity; have the highest standards of operational practice; and the development is designed to a high standard. 9. Policy MCS14 sets out the strategy for the National Forest, to make provision for the planting of woodlands, habitat creation, the creation of new leisure and tourism facilities and/or public access. 10. Policy MCS16 seeks to locate new mineral workings in close proximity to markets and the County’s lorry route network, and to maximise the use of means of transport other than by road. 11. Policy MCS17 seeks the reclamation of land at its earliest opportunity with high quality restoration and aftercare, with the use of best practice at the time to minimise public safety and, where appropriate, to priority after-uses listed within the policy. 12. Policy MDC4 prevents development which could have a significant adverse effect on the character, appearance, ecological, geological or amenity value of sites of regional and local importance including species identified in relevant Biodiversity Action Plans. DC&REG BOARD 16/04/2015 2015/0262/07 (2014/ROMPEIA/0250/LCC) - continued 13. Policy MDC5 prevents development in the countryside which would adversely affect the appearance and character of the landscape and the countryside unless there is an overriding need for the development. 14. Policy MDC6 seeks new woodland planting and landscaping, where appropriate. 15. Policy MDC7 protects archaeological remains from the impacts of minerals development by requiring a preliminary archaeological assessment or preservation in situ. 16. Policy MDC10 protects the best and most versatile agricultural land from significant loss unless at least one of five criteria has been met. 17. Policy MDC11 states that developments which would have a detrimental impact on the quality or flow of water or exacerbate flooding will not be allowed. 18. Policy MDC12 on health and amenity lists those effects which a minerals development could not generate. 19. Policy MDC13 states that a minerals development will be refused where there are unacceptable cumulative effects of either different impacts from a single development or the effects of a number of minerals developments in an area. 20. Policy MDC14 seeks not to allow proposals which would transport minerals by road where they could use non-road means, it would be detrimental to road safety and the highway network is unable to accommodate the traffic. 21. Policy MDC15 seeks not to allow proposals which would adversely affect a public right of way. 22. Policy MDC20 requires proposals to have satisfactory provision for reclamation and after-use. 23. Policy MDC21 requires proposals to, amongst other things, to enhance the quality of the landscape to the benefit of the local or wider community. 24. Policy MDC23 states that ancillary industrial development will be permitted where the proposal would not cause an unacceptable adverse impact or it has been demonstrated that there are environmental benefits in a close link to the extraction site. Permission will be limited to the life of the reserves. DC&REG BOARD 16/04/2015 2015/0262/07 (2014/ROMPEIA/0250/LCC) - continued Consultations Environment Agency 25. No objection. The opportunity should be taken to reinstate the Ibstock Brook to an open watercourse into the brickworks culvert at the edge of the quarry red line boundary. Mitigation measures to prevent surface run-off from soil stripping should be required. The restored quarry base is shown as a uniform body of water which to get the maximum value for biodiversity should have at least one side (ideally the south facing) of it shallow and planted up with common reed and backed by willow/alder to create wet woodland, the remaining margins should be shallow and shelved down to the deepest point. The Agency has suggested a number of conditions that the Planning Authority could attach to a new consent to achieve these matters. Natural England 26. No objection to the effects of the proposal either on the River Mease Special Area of Conservation or the River Mease Site of Special Scientific Interest. The Authority should consider securing measures to enhance the biodiversity of the site. Highway Authority 27. No objections in principle to the proposals as there is no change to the current traffic generated on the public highway from material hauled from the site to the Ellistown brickworks along Ellistown Terrace Road, and the extension of mining operations on the site and transport of bricks from the site is not likely to have any significant impact. Leicestershire County Council Archaeology 28. Response not received. Leicestershire County Council Ecology 29.
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