DEVELOPMENT CONTROL AND REGULATION COMMITTEE 9 April 2014 A Report by the Corporate Director of Environment & Community Services ______

Application No: 2/14/9004 District:

Applicant: Thomas Armstrong Parish: Holme St. Cuthbert (Aggregates)Ltd Received: 3 March 2014

PROPOSAL Change of use from agricultural building to operation of sand drying building

New Cowper Processing Plant, Westnewton, , » ______

1.0 RECOMMENDATION 1.1 That planning permission is granted for the reasons stated in Appendix 1 and subject to the conditions in Appendix 2.

2.0 THE PROPOSAL 2.1 The planning application is seeking permission for a temporary change of use of an existing building from its authorised use for agriculture to operation of a sand drying plant. The application is retrospective in that the building is currently in use as a sand drying plant, a use that was consented until 31 December 2012.

2.2 The building is located within a minerals site at , from which sand and gravel has already been extracted, and which is not yet fully restored. The site has been used as a minerals processing facility to wash, dry, blend and bag sand from a number of quarries in the area since the 1980s, but most of these activities were transferred to Overby Quarry in 2008 when permission was granted for the Overby Quarry extension. The only operation that remained on the New Cowper Processing site was the sand drying plant, and material has continued to be transported by lorry to the plant from Overby Quarry, and returned to Overby Quarry for bagging once it is dry.

2.3 Under the terms of the previous planning permission all sand processing at the site was to have ceased by the 31 December 2012, and the sand drying building was to be used solely for agricultural use thereafter. The use of the building for minerals processing continued after the 31 December 2012 and was therefore not compliant with the planning permission. The application for a change of use is seeking to regularise the operation and continued use of the sand drying plant until the planning permission at Overby Quarry expires on 31 December 2026.

2.4 The application site incorporates: the building, which is 40m long x 23m wide; a 14m wide strip to the east for vehicle movements and access; a stockpile area approximately 20m x 25m to the north west; and the access track between the highway and the building. The remainder of the New Cowper Processing Plant site is not included in the current application boundary but the current application notes that the restoration of the remainder of the New Cowper Processing Plant site is to be completed by the end of 2014 or early 2015.

2.5 It is proposed to restore the application site by the expiry date of any consent granted, including removal of the building and the plant, and provide a scheme for the restoration of the site to the local planning authority 6 months prior to the commencement of restoration.

3.0 CONSULTATIONS AND REPRESENTATIONS 3.1 Allerdale Borough Council has no objections.

3.2 Allerdale Environmental Health and the Highway Authority have been consulted but no replies had been received when this report was prepared. 3.3 Holme St. Cuthbert Parish Council objects to the proposal. Saying:

“This application is technically incorrect, why apply now for change of use from agricultural building to drying plant, this building has for many years been used as a drying plant.

All sand processing in the New Cowper Quarry site should have ceased and the site restored. Application ref 2/08/9021 to extend expiry date of 2/06/9020 to 31.12.2009, the restoration date to 30.09.2010 and to retain the buildimng housing the drying plant for agricultural purposes. This has been extended many times since then, during 2013 much of the heavy plant has been removed, expected to be landscaped to enhance nature conservation as map from application 2/08/9027 shows. This Parish Council has gone along with extensions to time of naturalisation of site expecting a finsihing date all to be removed to Overby workings. This application shows no finishing time if sand drying to continue at New Cowper.”

3.4 The local Member Mr AJ Markley has been notified. 3.5 No representations had been received when this report was prepared. 4.0 PLANNING ASSESSMENT 4.1 The sand drying building is faced and roofed with corrugated sheet metal typical of agricultural buildings, and the application site is the minimum area required for the continuing operation of the sand drying facility. The sand drying building first gained planning permission in 1991 and has been operating since that time on a series of planning permissions. The Parish Council has requested that the application be refused and their comments are addressed in turn below. 4.2 Firstly I consider that the lawful use of the building reverted to agricultural use when the most recent planning permission expired, and the submission of an application for a temporary change of use is an appropriate mechanism to enable the County Council to consider whether to permit the use to continue. 4.3 Secondly, the submission of this application is not an alternative to restoring the remainder of the site. The remainder of the previous New Cowper Processing Plant site would not be affected by the proposal and measures have been taken through the site monitoring system to ensure that its restoration is progressed without delay. The operator is co-operating with the County Council and a monitoring visit will take place at the end of April 2014 or early May 2014 to check the re-grading of the area to the approved contours. 4.4 Thirdly, I recommend that a condition be imposed that would limit the use as a sand drying plant to 31 December 2026. This would enable a separate decision to be made at that time if a further time extension was requested. Any permission granted would not link automatically to the expiry date at Overby Quarry. Policy Context

4.5 The most relevant Development Plan policies are: Minerals and Waste Development Framework (CMWDF) Generic Development Control Policy DC6 which contains the criteria for consideration of non-energy minerals development; Policy DC3 which addresses cumulative environmental impacts; and Policy DC2 which contains the general criteria by which minerals and waste applications should be determined.

4.6 The applicant has argued that the dry sand market has contracted over a number of years, and constructing a new building at Overby Quarry and relocating the sand drying plant within it is not economically viable, given the complexities of the operation and the limited value of the market. Permitting the use of the building to continue would therefore support the ongoing mineral use and employment at Overby Quarry. The proposal would conform in principle to the first bullet point of National Planning Policy Framework (NPPF) paragraph 144 which requires local planning authorities to give great weight to the benefits of the mineral extraction, including to the economy, when determining planning applications.

4.7 I also consider that the proposal conforms in principle to CMWDF Generic Development Control Policy DC6 in that it supports an existing quarry and permission for mineral use on this site has been granted previously.

4.8 NPPF Paragraph 144 also requires local planning authorities to ensure that there are no unacceptable adverse impacts on the natural and historic environment, human health or aviation safety, and to take into account the cumulative effect of multiple impacts from individual sites and/or from a number of sites in a locality. I consider that the potential adverse or cumulative impacts of the proposal are: noise, dust, landscape and visual impact, and adverse impacts on the highway network or local communities from traffic travelling between the site and Overby Quarry. These are addressed below.

Noise and Dust

4.9 The building is 180 m from Cowper House, the nearest residential property, and 220m from New Cowper Farm. The previous permission contained a condition limiting noise levels at any residential property to 50 dB(A), and a condition limiting hours of operation to 07.00 to 19.00 Mondays to Fridays and 07.00 to 13.00 on Saturdays. No operations were permitted on Sundays or Bank Holidays.

4.10 The previous permission was also subject to a condition requiring that dust be controlled using a water bowser. No complaints about noise or dust, and no representations from occupiers of any neighbouring property, have been received. Neither were any complaints received since 31 December 2012 when the previous planning permission expired. I consider therefore that no significant adverse impacts from noise or dust should be anticipated if the operation were to continue as proposed. I recommend that the same conditions are imposed on any permission granted, and consider that the proposal as mitigated conforms to CMWDF Generic Development Control Policy DC2.

Landscape and Visual Impact and Restoration

4.11 The previous permission permitted the building to be used for agriculture after the expiry date of the permission, and therefore the only potential landscape or visual impacts from this proposal relate to the use of the surrounding area for movement of vehicles and storage of sand prior to drying inside the building. This area, and indeed the building itself, is not visible from the village of New Cowper, which lies at a lower contour to the south of the site. There are no public footpaths overlooking the site although the site is visible from some sections of the two minor roads that pass either side of the New Cowper site. The site is therefore well contained in the overall landscape and is not visible from many vantage points outside the site. I consider therefore that there would be no significant adverse landscape impacts from the proposal.

4.12 The approved restoration plan for the surrounding site is contained in the Overby Habitat Network Management Strategy 2008, and includes improved hedgerows, an enhanced pond and margin habitat, and rough hummocky grassland and natural scrub regeneration. I consider that once the overall New Cowper site has been restored, the residual visual impacts of the continued use for sand drying would be limited and not significant.

4.13 Recommended condition 1 requires the building to be removed and the site restored by 31 December 2026. This is an improvement on the previous situation under which the agricultural permission would continue indefinitely regardless of the condition of the building. Any further time extension would require the submission of a planning application under section 73 of the Town and Country Planning Act 1990 (as amended), enabling the building condition to be re-assessed at that time.

4.14 Recommended condition 1 also requires restoration to a detailed restoration plan that has been approved no later than two years before the final expiry date. This requirement would ensure that the restoration is considered and approved early enough to inform the restoration of the site, and is preferable to the less clear timetable proposed by the applicant. I consider that the proposal, as mitigated by the recommended conditions would conform to CMWDF Generic Development Control Policy DC12 and Policy DC16.

Highways and Traffic

4.15 The traffic impact of continued operation on local communities would be no greater than that previously approved for the site, as vehicle movements for the sand drying plant are less than they were before the main processing operations were moved to Overby Quarry. Recommended condition 4 would ensure that only sand from Overby Quarry would be processed at the site and condition 5 would limit the number of HGVs leaving the site to 32 per weekday, with a higher limit of 40 per day on 50 days in any calendar year. These conditions would prevent HGV traffic increasing beyond that previously permitted to the detriment of the condition of the highway network or amenity of the local community. I consider that the proposal, subject to these conditions, would conform to CMWDF Generic Development Control Policy DC1.

Cumulative Impacts

4.16 The impacts of the proposed operation are significantly less than those previously permitted, and none of those identified are significant impacts or outweigh the benefits of the proposal. There have been a number of other sand and gravel quarries in the New Cowper vicinity, but only Overby Quarry is still operational. The restoration of other nearby sites developed by the applicant is being implemented and should be completed during 2014, and will bring a number of benefits for rights of way, habitats, and species. I therefore consider that the County Council has assessed the proposal in the light of other land-uses in the area in conformity with CMWDF Generic Development Control Policy DC3.

Human Rights Act 1998

4.17 The proposal will have a limited impact on the environmental amenity of the area. Any impacts on the rights of local property owners to a private and family life and peaceful enjoyment of their possessions (Article 8 and Article 1 of Protocol 1) are minimal and proportionate to the wider social and economic interests of the community.

Conclusion

4.18 The change of use of the building from its lawful use of agriculture to operation of sand drying plant supports the ongoing extraction of minerals at Overby Quarry with consequent economic benefits. There are no significant adverse impacts that would outweigh those benefits, nor does the proposal conflict with relevant policies in the Development Plan. I therefore recommend that planning permission is granted subject to the recommended schedule of conditions.

Jim Savege Corporate Director of Environment & Community Services

Contact Mrs Maggie Mason, Kendal, Tel: 01539 713114, Email: [email protected]

Background Papers Planning Application File Reference No. 2/14/9004

Electoral Division Identification - Mr AJ Markley

Appendix 1 Ref No. 2/14/9004 Development Control and Regulation Committee – 9 April 2014

THE TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) () ORDER 2010

Summary of Reasons for Grant of Planning Permission

1 This application has been determined in accordance with the Town and Country Planning Acts, in the context of national planning policy guidance and the relevant development plan policies. 2 The key development plan policies taken into account by the County Council before granting permission were as follows:

CUMBRIA MINERALS AND WASTE DEVELOPMENT FRAMEWORK Generic Development Control Policies 2009-2020

Policy DC1 - Traffic and Transport Proposals for minerals and waste developments should be located where they: • are well related to the strategic route network as defined in the Local Transport Plan, and/or • have potential for rail or sea transport and sustainable travel to work, and • are located to minimise operational "minerals and waste road miles".

Mineral developments that are not located as above may be permitted if:

• they do not have unacceptable impacts on highway safety and fabric, the convenience of other road users and on community amenity, • where an appropriate standard of access and traffic routing can be provided, and • appropriate mitigation measures for unavoidable impacts are provided. Policy DC2 - General Criteria Minerals and Waste proposals must, where appropriate, demonstrate that: a) noise levels, blast vibration and air over-pressure levels would be within acceptable limits, b) there will be no significant degradation of air quality (from dust and emissions), c) public rights of way or concessionary paths are not adversely affected, or if this is not possible, either temporary or permanent alternative provision is made, and d) carbon emissions from buildings, plant and transport have been minimised.

Considerations will include:

• the proximity of sensitive receptors, including impacts on surrounding land uses, and protected species, • how residual and/or mineral wastes will be managed • the extent to which adverse effects can be controlled through sensitive siting and design, or visual or acoustic screening, • the use of appropriate and well maintained and managed equipment, phasing and duration of working, progressive restoration, hours of operations, and appropriate routes and volumes of traffic • other mitigation measures

Policy DC3 - Cumulative Environmental Impacts Cumulative impacts of minerals and waste development proposals will be assessed in the light of other land-uses in the area. Considerations will include: a. Impact on local communities, b. All environmental aspects including habitats and species, landscape character, cultural heritage, air quality, ground and surface water resources and quality, agricultural resources and flood risk, c. The impact of processing and other plant d. The type, size and numbers of vehicles generated, from site preparation to final restoration and potential impacts on the highway network, safety and the environment, e. Impacts on the wider economy and regeneration, f. Impacts on local amenity, community health and recreation facilities and opportunities.

Policy DC 6 - Criteria for Non-Energy Minerals Development Proposals for non- energy minerals development inside the identified Preferred Areas will be permitted if they do not conflict with other policies in this plan.

Proposals for non- energy minerals development outside the Preferred Areas will only be permitted if: a. the landbank of reserves with planning permission is below the required level, and there is a need for the proposal to meet the levels of supply identified in the Core Strategy, and b. they do not conflict with other policies in this plan and to any relevant locational or site specific policies, and c. where relevant, there are adequate safeguards for land stability.

Favourable consideration may also be given to proposals that can be demonstrated to be more sustainable than any available alternative, including: • borrow pits to meet a specific demand not easily met from elsewhere, • building stone quarries to meet the need for stone to match local vernacular building, and the conservation and repair of historic buildings. • areas already subject to minerals extraction where the additional working will enable comprehensive exploitation of the reserves, or where the proposal achieves a more sustainable afteruse or a better restoration of the area. Policy DC10 - Biodiversity and Geodiversity Proposals for minerals and waste developments that would have impacts on locally important biodiversity and geological conservation assets, as defined in the Core Strategy, will be required to identify their likely impacts on, and also their potential to enhance, restore or add to these resources, and to functional ecological and green infrastructure networks. Enhancement measures should contribute to national, regional and local biodiversity and geodiversity objectives and targets, and to functional ecological and green infrastructure networks. Proposals for developments within, or affecting the features or settings of such resources, should demonstrate that:

• the need for, and benefits of, the development and the reasons for locating the development in its proposed location and that alternatives have been considered. • Appropriate measures to mitigate any adverse effects (direct, indirect and cumulative) have been identified and secured, and advantage has been taken of opportunities to incorporate beneficial biodiversity and geological conservation features, or • Where adverse impacts cannot be avoided or mitigated for, that appropriate compensatory measures have been identified and secured, and • That all mitigation, enhancement or compensatory measures are compatible with the characteristics of, and features within, Cumbria. Policy DC12 - Landscape Proposals for development should be compatible with the distinctive characteristics and features of Cumbria’s landscapes and should: a. avoid significant adverse impacts on the natural and historic landscape, b. use Landscape Character Assessment to assess the capacity of landscapes to accept development, to inform the appropriate scale and character of such development and guide restoration where development is permitted, c. in appropriate cases use the Guidelines for Landscape and Visual Assessment to assess and integrate these issues into the development process, d. ensure that development proposals consider the effects on: locally distinctive natural or built features; scale in relation to landscape features; public access and community value of the landscape; historic patterns and attributes; and openness, remoteness and tranquillity, e. Ensure high quality design of modern waste facilities to minimise their impact on the landscape, or views from sensitive areas, and to contribute to the built environment, f. direct minerals and waste developments to less sensitive locations, wherever this is possible, and ensure that sensitive siting and high quality design prevent significant adverse impacts on the principal local characteristics of the landscape including views from, and the setting of, Areas of Outstanding Natural Beauty, the heritage Coast or National Parks. Policy DC16 - After-Use and Restoration Proposals for minerals extraction, or for temporary waste facilities such as landfill, should be accompanied by detailed proposals for restoration including proposals for appropriate afteruse, financial provision and long term management where necessary. Restoration and enhancement measures should maximise their contributions to national, regional and local biodiversity objectives and targets. After-uses that enhance biodiversity and the environment, conserve soil resources, conserve and enhance the historic environment, increase public access, minimise the impacts of global warming, and are appropriate for the landscape character of the area will be encouraged. These could include: nature conservation, agriculture, leisure and recreation and woodland. Where sites accord with other policies, an alternative or mixed after-use that would support long term management, farm diversification, renewable energy schemes, tourism or employment land may be acceptable.

All proposals must demonstrate that: • for agricultural, forestry and amenity afteruses there is an aftercare management programme of at least 5 years, but longer where required to ensure that the restoration scheme is established, • the restoration is appropriate for the landscape character and wildlife interest of the area, and measures to protect, restore and enhance biodiversity and geodiversity conservation features are practical, of a high quality appropriate to the area and secure their long term safeguarding and maintenance, • restoration will be completed within a reasonable timescale and is progressive as far as practicable, • provision for the likely financial and material budgets for the agreed restoration, aftercare and afteruse will be made during the operational life of the site. Peat workings should be restored to peat regeneration wherever possible.

3 The National Planning Policy Framework (March 2012) is also a material consideration, and has been taken into account in this report with reference to:

Paragraph 14

At the heart of the National Planning Policy Framework is a presumption in favour of sustainable development , which should be seen as a golden thread running through both plan-making and decision-taking.

Paragraph 144 When determining planning applications, local planning authorities should: • give great weight to the benefits of the mineral extraction, including to the economy; • as far as is practical, provide for the maintenance of landbanks of non- energy minerals from outside National Parks, the Broads, Areas of Outstanding Natural Beauty and World Heritage sites, Scheduled Monuments and Conservation Areas; • ensure, in granting planning permission for mineral development, that there are no unacceptable adverse impacts on the natural and historic environment, human health or aviation safety, and take into account the cumulative effect of multiple impacts from individual sites and/or from a number of sites in a locality; • ensure that any unavoidable noise, dust and particle emissions and any blasting vibrations are controlled, mitigated or removed at source,31 and establish appropriate noise limits for extraction in proximity to noise sensitive properties; • not grant planning permission for peat extraction from new or extended sites; • provide for restoration and aftercare at the earliest opportunity to be carried out to high environmental standards, through the application of appropriate conditions, where necessary. Bonds or other financial guarantees to underpin planning conditions should only be sought in exceptional circumstances;

4 In summary, the reasons for granting permission are that the County Council is of the opinion that the proposed development is in accordance with the development plan, there are no material considerations that indicate the decision should be made otherwise and with the planning conditions included in the notice of planning permission, any harm would reasonably by mitigated. Furthermore, any potential harm to interests of acknowledged importance is likely to be negligible and would be outweighed by the benefits of the development. Appendix 2 Ref No. 2/14/9004 Development Control and Regulation Committee - 9 April 2014

Proposed Conditions

1 This permission shall be for a limited period only expiring on 31 December 2026. By this date all buildings, plant and machinery shall have been removed from the site and the site shall have been restored in accordance with a detailed restoration scheme that has been been submitted to, and approved in writing by, the local planning authority no later than the 31 December 2024. Reason: To secure the satisfactory restoration of the site following the approved period for this temporary development, in accordance with Policies DC3, DC12 and DC16 of the Cumbria Minerals and Waste Development Framework.

2 The development shall be carried out strictly in accordance with the approved documents, hereinafter referred to as the approved scheme. The approved scheme shall comprise the following: a. The submitted Application Form – dated 13 February 2014 b. Letter from Stephenson Halliday - dated 27 February 2014 c. Location Plan Figure LP1 - dated March 2014 d. Drawing OVB.42A - dated Feb 2014 e. The details or schemes approved in relation to conditions attached to this permission. f. This Decision Notice Reason: To avoid confusion as to what comprises the approved scheme and ensure the development is carried out to an approved appropriate standard.

3 The processing and transport of sand shall be restricted to the hours between 07.00 to 19.00 hours Mondays to Fridays and 07.00 to 13.00 hours Saturdays. There shall be no processing and transport of material on Sundays, Public or Bank Holidays. This shall not however prevent the carrying out outside these working hours of essential maintenance or safety work. Reason: To ensure that no operations takes place which would lead to an unacceptable impact on the amenity of local residents in accordance with DC1 and DC2 of the Cumbria Minerals and Waste Development Framework.

4 Only sand and gravel from Overby Quarry shall be processed on the site. Reason: To maintain control in the interest of amenity in accordance with DC1 and DC2 of the Cumbria Minerals and Waste Development Framework.

5 The total number of laden heavy goods vehicles leaving the site shall not exceed 32 on any week day and 16 on Saturdays. There will be an exception for 50 weekdays in any calendar year when the number shall not exceed 40. A record of all heavy goods vehicles leaving the site each day shall be maintained by the operator and access to this record and any dispatch notes used to compile it . Reason: To keep to acceptable levels the impact of lorry traffic on the amenity of local residents and other road users in accordance with DC1 and DC2 of the Cumbria Minerals and Waste Development Framework.

6 The access road from the building to the public highway shall be maintained for the life of operations to prevent material from the site being deposited upon the public highway. Reason: To enable the access to be swept so as to prevent vehicles carrying material onto the public highway in the interests of amenity and highway safety in accordance with DC2 of the Cumbria Minerals and Waste Development Framework.

7 The operator shall ensure that the access with the public highway shall be kept clean at all times. Reason: In the interests of amenity and highway safety in accordance with DC2 of the Cumbria Minerals and Waste Development Framework.

8 All lorries used to transport loose material from the site shall be sheeted. Reason: To ensure that material is not released into the air or deposited upon the highway in the interests of local amenity and highway safety in accordance with DC2 of the Cumbria Minerals and Waste Development Framework.

9 The operator shall maintain on site at all times a water bowser or other dust suppression system, together with an adequate supply of water and during periods of dry weather shall spray the access road and operational areas including stockpiles with water to suppress dust and sand in order that it does not constitute a nuisance outside the site. Reason: To safeguard the amenity of local residents by ensuring that dust and windblown sand does not constitute a nuisance outside the boundaries of the site in accordance with DC2 of the Cumbria Minerals and Waste Development Framework.

10 All plant, machinery and vehicles used on site shall be effectively silenced at all times in accordance with the manufacturers’ recommendations. Reason: To safeguard the amenity of local residents by ensuring that the noise generated in their operation is minimised and so does not constitute a nuisance outside the boundaries of the site in accordance with DC2 of the Cumbria Minerals and Waste Development Framework.

11 The free field equivalent continuous noise level (LAeq 1 hour) attributable to the operations hereby permitted shall not exceed 50 dB(A) at any noise sensitive property. Reason: To safeguard the amenity of local residents by ensuring that noise generated by the operations hereby permitted does not cause a nuisance outside the boundaries of the site in accordance with DC2 of the Cumbria Minerals and Waste Development Framework. Restoration and Aftercare

12 The site shall be subject to the requirements of the aftercare scheme under the provisions of Section 72(5) of the Town and Country Planning Act 1990, agreed as part of the Overby Habitat Network Strategy. The aftercare requirements shall be carried out for a period of five years from the completion of restoration operations. Reason: To secure the proper aftercare of the restored land and to allow its return to as high a quality as possible in accordance with DC10 and DC16 of the Cumbria Minerals and Waste Development Framework.

13 At least once each year during the aftercare period there shall be a formal review, under the provisions of Section 72(5) of the Town and Country Planning Act 1990, to consider the progress of the restoration and to agree a programme of management for the coming year which shall be adhered to by the operator. The parties to be invited to attend this review shall include the mineral operator, the Local Planning Authority, owners and occupiers of the land and Natural England. At least 4 weeks before the date of this review the operator shall provide all people attending the meeting with a record of the