Kilmondwood Quarry, New Stone Wall and Retaining Wall Across a Disused Access Off the A66(T) (DM/15/00134/MIN)
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Planning Services COMMITTEE REPORT APPLICATION DETAILS 8/PRA/2013/6/1, DM/15/00133/MIN and APPLICATION NO: DM/15/00134/MIN 1. Environment Act 1995: First Periodic Review of Mining Sites. Application for the determination of new planning conditions for working and restoration relating to Planning Permission Nos 1/3/10 & 1/3/199 (issued on 29 September 1948 & 27 May 1953) as reviewed under MRA/6/1 (8/PRA/2013/6/1). 2. Proposed importation of 85,000 tonnes of topsoil, with FULL APPLICATION DESCRIPTION: temporary storage area, for restoration operations, including landscaped embankments adjacent to quarry face (DM/15/03697/FPA). 3. Proposed regrading and infill screening mound to north side of Kilmondwood Quarry, new stone wall and retaining wall across a disused access off the A66(T) (DM/15/00134/MIN) NAME OF APPLICANT: Kearton Farms Ltd ADDRESS: Kilmondwood Quarry, Boldron ELECTORAL DIVISION: Barnard Castle West Chris Shields Senior Planning Officer CASE OFFICER: Tel. 03000 261 394 [email protected] DESCRIPTION OF THE SITE AND PROPOSALS The site 1. Kilmondwood Quarry is a carboniferous limestone quarry located approximately 4.5km south-west of Barnard Castle and 3km east of Bowes. The nearest settlement to the quarry is the village of Boldron, which lies approximately 1.5km to the north west of the site. The site occupies an area of 15.5ha. The quarry occupies part of an east-west trending limestone escarpment, the southern part of which forms a limestone scar (Kilmond Scar). The topography of the area generally rises from north to south, reaching a maximum elevation of 311m AOD immediately to the south-east of the quarry. The topography also falls away at the eastern and western ends of the escarpment. The landscape is essentially rural in character with little urban or industrial development and generally broad in scale with panoramic views across the vale and west into Teesdale. 2. There are several Public Rights of Way within the vicinity of Kilmondwood Quarry. The nearest is Footpath No.11 (Bowes Parish) which is routed along the top of Kilmond Scar and runs adjacent to the southern boundary of the site. Footpath No’s. 5 and 6 (Bowes Parish and Bridleway No. 7 (Bowes Parish) are located to the north of the A66 road and Kilmondwood Quarry. 3. The site itself is not located within any ecological designations, however, Kilmond Scar Site of Special Scientific Interest (SSSI) is located to the south and east of the site. The site is located within an Area of High Landscape Value (AHLV) as identified in the Teesdale Local Plan. The North Pennines Area of Outstanding Natural Beauty (AONB) is located approximately 1.5km to the south of the site. There are no listed buildings or heritage assets within, or within the vicinity of the site. 4. Mineral extraction at Kilmondwood Quarry predates the modern planning system and the first planning permission was issued in 1948. The site is broadly rectangular in shape with the A66 and Kilmond Scar creating fixed boundaries to the north and south, respectively. The site has been extensively worked on the eastern side with progressive restoration having been carried out on the southern quarry faces. Limited works have been progressed on the western side with extraction operations currently being focused upon the central area of the site where there is visual evidence of historic quarrying activity on the outer slopes of the northern site boundary. The limestone deposit on the escarpment is relatively shallow, extending to a maximum depth of 20m. 5. The site has several buildings for use as office, weighbridge control and welfare facilities located close to the site access along with the weighbridge itself. The site employs mobile plant, including crusher and screen, to process extracted mineral within the quarry. Processed mineral is sorted by grade and stockpiled on the quarry floor in the eastern side of the site. 6. The site is accessed directly from the westbound carriageway of the A66 road to the north of the site. A gap in the central reservation permits access from the eastbound carriageway. There is a historic access point further to the east, which has been made redundant by the progress of mineral extraction. The main access into the site is shared by several residential properties, farms and businesses that are served by an access track that runs around the western edge of the site. The nearest residential properties are Bowes Cross Farm approximately 55m to the west and Kilmond Cottage approximately 105m to the east The proposals Periodic Review under the Environment Act 1995 7. An application has been submitted under the Environment Act 1995 (Schedule 14) (the Review application) for the first periodic review of the minerals permissions relating to the mining site known as Kilmondwood Quarry. 8. The Environment Act 1995 introduced significant new requirements for an initial review and updating of mineral planning permissions granted between 1948 and 1982, and the periodic review of all extant mineral permissions at 15 year intervals. Periodic reviews are to take place every 15 years from the date of either a previous review, or, if no review has taken place, from the date of the latest mineral permission relating to the site. The Environment Act 1995 defines the first review date for mining sites where the mineral permissions for that site include an Interim Development Order (IDO) permission as the date 15 years after the date when new conditions have been finally determined in respect of the site under the 1991 Act. 9. The review process, which is similar to that previously adopted for older IDO permissions (as required by the Planning & Compensation Act 1991), takes the form of a submission for consideration by the mineral planning authority of a new and updated scheme of conditions, usually incorporating a reviewed scheme of working, restoration, and aftercare, as appropriate. Once a scheme is determined it has the effect of imposing new conditions for the future working of an existing minerals development for which planning permission has already been granted. 10. In the case of Kilmondwood Quarry there is an extant planning permission for quarrying of carboniferous limestone. Planning permission was first granted in 1948 for the quarrying of limestone and an extension was granted in 1953. The permission was reviewed under the requirements of the Environment Act in 1998. The permission being reviewed by this application is MRA/6/1. 11. A new scheme of conditions was submitted by the operator in February 2014, covering a 15 year working and restoration period. A further periodic review will take place in 15 years time or such longer time as agreed by the Mineral Planning Authority. 12. The review is a useful opportunity to up-date and consolidate existing controls, rationalising operational practices and environmental standards over the whole quarry. Discussions about the scope and content of the proposed conditions have taken place and the conditions attached to this report, based on the Council’s standard format, have been agreed with the applicant. The proposed conditions address, amongst other matters, the following: working method (extraction, reinstatement and restoration), access, traffic and protection of the public highway, environmental protection and aftercare. The submitted suggested draft schedule of conditions has been amended in consultation with the applicant. Proposed topsoil importation 13. The applicant is also seeking permission for the importation of 85,000 tonnes of clean topsoil that would be used in the progressive restoration of the site and infilling of the former quarry void on the northern boundary of the site. These are not waste material and would not require further processing. There are limited soil and overburden resources available from within the quarry to carry out restoration works hence the application. The material would be brought to the site over a 16 year period as required and would be stored in a stockpile on the eastern side of the quarry floor or put into direct placement into embankments on the northern faces of the quarry with the upper 1m to 4m of the face left exposed to allow natural revegetation. Stockpiled material would be stored to a height no greater than 5m. 14. The topsoil would be brought to the site in HGV lorries on their ‘backhaul’ to the site following the delivery of aggregate. The delivery of topsoil would not increase the number of vehicle movements at the site. The importation of topsoil would be carried out within the same working hours as the operation of the quarry. Proposed infill scheme 15. To the north of currently operating site there is a historically worked quarry that interjects into the northern boundary and screening mound of the site. Continued working of Kilmond Quarry would require the extraction of the rear face of this historic quarry and would result in a keyhole view being opened into the current workings. In order to work the full extent of permitted reserves within Kilmond without opening this view the applicant has proposed to infill the old quarry void with soils and overburden from the site as well as imported topsoil. This would be done in conjunction with closing up a road access further to the east, levelling the northern screening mound and replacing a dry stone wall. These works would be carried out within Phase 1 of the review scheme. The proposed works would be partly on land belonging to Highways England and would be subject to a Section 278 Agreement. Proposed scheme of working 16. The review proposal sets out the method of working at the site for the next 15 years. The program of works is broken down into 3 phases which seek to extract the full extent of the limestone deposit down to the underlying shale horizon within the permitted site area.