Local Member's Interest Mr. A. M. Deaville Cheadle & Checkley

Local Member’s Interest

Mr. A. M. Deaville Cheadle & Checkley

SCHEME OF DELEGATION TO OFFICERS

MINERALS COUNTY MATTER

Application No: SM.12/04/110 M (Staffordshire Moorlands)

Applicant: Lafarge Tarmac Trading Ltd (Solihull)

Description: Variation of Condition 2 of planning permission SM.99/0954 to extend the end date of the bagging plant and storage shed until 30/11/2023.

Condition 2 of planning permission SM.99/0954 states that:

‘The use of the bagging plant and storage shed hereby permitted shall cease not later than 30 November 2013 .

The applicant has proposed a revised condition stating that;

‘The use of the plant and storage shed hereby permitted shall cease not later than 30 November 2023’ .

When the planning permission for the bagging plant and storage shed was granted in 15 Apr 2005, the operation was tied to the life of mineral extraction. At that time, the extraction of sand and gravel from the site was required to cease by 30 November 2013 (ref. SM.91/1355 granted October 1996).

This application to vary condition 2 of planning permission SM.99/0954 was submitted with separate applications to extend the time for mineral extraction until 30 November 2023 (ref. SM.11/07/110 M) and also to extend the operation of sand products plant to 30 November 2023 (ref SM.12/03/110 M).

Location: Croxden Quarry, Quarry Common, Cheadle, Stoke on Trent

Croxden Quarry is located 1.5 kilometres to the south east of Cheadle and is accessed from Coppice Lane.

The Development Plan policies relevant to this decision:

Staffordshire and Stoke on Trent Minerals Local Plan 1994 – 2006 (saved policies)

• MLP Policy 9 (Site restoration and aftercare); • MLP Policy 10 (Legal agreements);

1 • MLP Policy 12 (Proximity to People and Sensitive Properties); • MLP Policy 21 (Protection of the landscape); • MLP Policy 30 (Traffic Impact Appraisal); • MLP Policy 31 (Transportation – legal agreements); • MLP Policy 35 (Ancillary industrial development).

Note: An assessment to confirm the consistency of the above saved policies in the Minerals Local Plan with the National Planning Policy Framework was reported to the Planning Committee on 7 March 2013.

Staffordshire Moorlands Core Strategy (adopted 26 March 2014)

• Policy SS1 (Development Principles); • Policy SS1a (Presumption in Favour of Sustainable Development); • Policy SS6c (Other Rural Areas Area Strategy); • Policy SD1 (Sustainable Use of Resources); • Policy SD4 (Pollution and Flood Risk); • Policy DC1 (Design Considerations); • Policy DC3 (Landscape and Settlement Setting); • Policy NE1 (Biodiversity and Geological Resources): • Policy T1 (Development and Sustainable Transport).

Other Material Considerations:

National Planning Policy Framework (published on 27 March 2012) specifically:

• Section 4 - Transport; • Section 7 - Design; • Section 11 - Natural environment; • Section 12 - Conserving and enhancing the historic environment, and • Section 13 - Minerals.

Technical Guidance to the National Planning Policy Framework (published on 27 March 2012)

Ministerial Statement - Planning for Growth - March 2011

Relevant Planning History

Croxden Quarry operated under a consolidating planning permission ref. SM.91/1355, issued on 9 October 1996, which allowed the winning and working of sand and gravel, the manufacture of concrete products, the removal of sand and gravel from stockpiles and sale of ready mix concrete until November 2013. Planning permission to extend the duration of quarrying activities at the quarry to 30 November 2023 was granted at the same time as this application was determined (ref. SM.11/07/110 M).

2 Planning permission has also been granted to extend the date for the cessation of the use of the sand products plant until 30 November 2023 (ref. SM.12/03/110 M).

Planning permission (ref. SM.99/0954) was granted in 15 April 2005 for the installation and use of a bagging plant and storage shed to package the dried sands, various mortar products and concrete repair materials.

Screening Opinion: NO Environmental Statement: NO

Consultation Responses

Internal

Environmental Advice Team – no objection

Transport Development Control – no objection

Planning Regulation Team - no objection, subject to the bagging plant and storage shed permission being related to the main quarry site permission. The Planning Regulation Team has no records of any complaints relating to the bagging plant and storage shed.

External

Staffordshire Moorlands District Council Environmental Health – no response

District/Parish Council

Staffordshire Moorlands District Council – no response

Checkley Parish Council – no response

Publicity and Representations

Site notice: YES Press notice: NO

Neighbour notification letters were sent out and no representations have been received.

Applicant’s/agent’s submission

The applicant has indicated that a separate application has been submitted to extend the sand workings for a further 10 years to enable the current permitted reserves to be fully extracted. This application has been submitted to seek to extend the term for the use of the bagging plant and shed in line with the end date for mineral extraction.

Key Issues

3 This is an application to vary Condition 2 planning permission SM.99/0954 to extend the end date of the bagging plant and storage shed until 30 November 2023 at Croxden Quarry, Quarry Common, Cheadle, Stoke on Trent.

Having given careful consideration to the application and supporting information, the relevant development plan policies, the other material considerations, the consultation responses, referred to above, the key issues are considered to be:

• Any material changes to the site, its surroundings, or in terms of the policy considerations

• Need to amend / update the Section 106 Legal Agreement

Any material changes to the site, its surroundings, or in terms of the policy considerations

The principle of the bagging plant and storage shed in conjunction with the quarrying activities was accepted in 1996. It was accepted that the operation of the plant could continue under a temporary permission to 30 November 2013 which at that time was the anticipated cessation date for mineral extraction at the quarry. In determining whether to permit an extension of time to operate the plant it is necessary to check whether or not any circumstances have changed to the site or its surroundings, or in terms of the policy considerations, since the latest planning permission was granted in 1996.

The key material change relates to the permission for the quarry which has now been varied to extend the date for the cessation of mineral extraction to 30 November 2023. The permission to extend the use/ operation of the bagging sand products plant has also been extended to the same date.

No other material changes to the site or the surroundings have taken place since 1996.

In 2007 the Secretary of State for Communities and Local Government saved the policies in the Minerals Local Plan referred to earlier. Whereas on 20 May 2013 the Government revoked the Regional Spatial Strategy for the West Midlands and the Staffordshire and Stoke on Trent Structure Plan.

In March 2012, the Government replaced a series of planning and minerals planning statements and guidance (e.g. Mineral Policy Statement 1 – Planning and Minerals) with the ‘National Planning Policy Framework’ (NPPF) and an accompanying Technical Guidance document.

Section 13 of the NPPF indicates that ‘Minerals are essential to support sustainable economic growth and our quality of life’. The guidance indicates that when determining planning applications, local planning authorities should: ensure, that there are no unacceptable adverse impacts on the natural and historic environment, human health and that any unavoidable noise, dust and particle emissions are controlled, mitigated or removed at source.

4 In March 2014, Staffordshire Moorlands District Council adopted its Core Strategy, replacing the Staffordshire Moorlands Local Plan (adopted in 1998). It is considered that the relevant policies in the Core Strategy are not materially different to those previously considered in the Local Plan.

It is reasonable to conclude that the proposals to extend the duration of the sand products plant alongside the extension to the duration of the quarry accord with the relevant saved policies in the Minerals Local Plan, the new policies in the Staffordshire Moorlands Core Strategy, the latest guidance in the NPPF, referred to above, and can be adequately controlled and mitigated through the imposition of the previous conditions, updated as necessary.

Need to amend / update the Section 106 Legal Agreement

When planning permission was granted for the bagging plant and storage shed a Section 106 legal agreement (S106) was signed. This S106 relates to the routeing of traffic to and from the site and measures to ensure that Heavy Commercial Vehicles follow the prescribed route (shown on plan CJ 7211 C attached to the S106).

In determining this application it was appropriate to re-consider the requirements of the S106.

Guidance is contained in the NPPF relating to planning conditions and obligations. Consideration should be given to whether otherwise unacceptable development could be made acceptable through the use of conditions or planning obligations. The guidance (paragraph 204) indicates that planning obligations should only be sought where they meet all of the following tests:

• necessary to make the development acceptable in planning terms;

• directly related to the development; and

• fairly and reasonably related in scale and kind to the development.

Minerals Local Plan saved policy 10 seeks where necessary that legal agreements are sought to control other matters relevant to the development which cannot be covered by planning conditions. Minerals Local Plan saved policy 31 also seeks to where necessary that legal agreements are sought to ensure mitigation for adverse off-site traffic effects.

It was considered necessary to amend the existing S106 before planning permission to extend the cessation date for the quarry could be granted. Whilst no new requirements were identified, the opportunity has been taken to consolidate the three S106s affecting the site, the sand products plant and the bagging plant and storage shed at the same time.

5 Overall Conclusion

Overall, as an exercise of judgement, taking the relevant development plan policies as a whole and having given careful consideration to application and supporting information, and the consultation responses the other material considerations referred to above, it is reasonable to conclude that planning permission should be granted subject to the completion of a consolidating Section 106 Legal Agreement and subject to planning conditions similar to those previously imposed, updated where necessary.

Recommendation

1. Subject to the applicant and all other persons with an interest in the land entering into an amended Section 106 Legal Agreement in order to consolidate the three existing legal agreements at Croxden Quarry and to take account of the latest permissions and future variations thereto.

2. PERMIT subject to the attached conditions.

Electronic Copy - Signature Removed SIGNED: ------

Ian Benson Commissioner for the Sustainable County

DATE: 15 May 2014

Recommended Conditions: [ref. SM.12/04/110 M]

Having previously permitted the following planning permission at Croxden Quarry, Freehay, Near Cheadle:

• Installation and use of a bagging plant and storage shed to the sand products plant to package dried sands, various mortar products and concrete repair materials (ref. SM.99/0954 dated 15 April 2005)

Staffordshire County Council in pursuance of powers under the above-mentioned Act hereby permit:

Variation of Condition 2 of planning permission SM.99/0954 to extend the end date of the bagging plant and storage shed until 30 November 2023 subject to the condition(s) specified hereunder:-

1. This planning permission shall relate only to the site edged red on ‘Location Plan’ (dwg no C57/172a) hereafter referred to as the ‘Site’.

2. The development hereby permitted shall only be carried out in accordance with the approved documents and plans referred to below: a) Approved documents referred to in planning permission ref. SM.99/0954 dated 15 April 2005:

• Application Form dated 28 July 1999 • Location Plan (drawing C57/172a) • Accompanying Statement • Proposed warehouse & Office Block Extension (drawing MH99/3698/008) • Sand Products Plant Proposed Bagging Shed (drawing C57 /206) • Application Area (drawing C5774A) b) Approved documents referred to in this application:

• Application forms dated 13 March 2012 • Location Plan (dwg no C57/172a) • Bagging Shed (dwg no C57/206) • Supporting Statement except in so far as the approved documents and plans referred to above are amended by the conditions specified below.

Reason: To define the permission and to ensure the permission is implemented in all respects in accordance with the approved and submitted documents and details.

7 3. For the avoidance of doubt, the development hereby permitted shall be used in connection with the packaging and storage of products derived from the sand products plant using sand won and worked from Croxden Quarry only.

Reason: To define the permission and to ensure that the plant is used as an ancillary facility to the existing quarrying operation.

Commencement of the development

4. The development hereby permitted shall be deemed to have commenced on the date of this permission.

Cessation of the development

5. The operation of the bagging plant and storage shed hereby permitted shall cease on or before 30 November 2023.

6. If any of the permitted operations cease at a date earlier than 30 November 2023, then the operator shall notify the Mineral Planning Authority in writing of the date on which the operation(s) ceased within 14 days of the cessation of that operation(s).

7. In the event that the operation of the bagging plant and storage shed should cease prior to 30 November 2023, the Site shall be restored and subject to aftercare in accordance with the approved Restoration and 5 year Aftercare Scheme (ref. Condition 20) within 24 months of the cessation of the operation of the bagging plant and storage shed.

8. This permission shall expire when the Site has been restored and subject to aftercare in accordance with the approved Restoration and Aftercare Scheme (ref. Condition 20) and following the expiry of the extended aftercare required by the Section 106 Legal Agreement.

Reason (4 to 8): To ensure that the development is limited in its use to the duration of permitted quarrying operations in accordance with Staffordshire and Stoke-on-Trent Minerals Local Plan (saved policy 35).

Hours of Working

9. No operations hereby permitted shall be carried out except as set out below: a) The use or operation of the bagging plant and storage shed hereby permitted including the transportation of products from the Site shall not take place other than between the hours 0600 to 2100 hours Mondays to Saturdays. No such uses shall take place on Sundays, Bank or Public Holidays.

8 b) Except in the case of emergency, construction, servicing or maintenance of plant or machinery shall not take place other than between the hours 0600 to 2200 hours, Mondays to Saturdays and between 0700 to 1300 hours on Sundays. No such operations shall take place on Bank or Public Holidays.

Reason: To safeguard the amenities of nearby residents in accordance with the Staffordshire and Stoke-on-Trent Minerals Local Plan (saved policy 12); the Staffordshire Moorlands Core Strategy Council (policy SD4); and, the National Planning Policy Framework (sections 11 and 13).

Noise

10. The use of the bagging plant and storage shed hereby permitted shall not result in the freefield site attributable equivalent continuous sound levels exceeding 41dBLaeq 1hour as measured at Beech Farm, Brown Bank Farm or Laburnum Cottage.

11. All vehicles and plant used in the bagging plant operation shall be fitted with proprietary silencers and maintained in accordance with the manufacturers recommendations.

Reasons (10 and 11): To reiterate the requirement of planning permission ref. SM.99/0954 and to minimise the potential nuisances and environmental impacts of the development on the local community and surrounding area in accordance with the Staffordshire and Stoke-on-Trent Minerals Local Plan (saved policy 12), the Staffordshire Moorlands Core Strategy (policy SD4); the National Planning Policy Framework (section 13) and the ‘Minerals Policy’ section of the National Planning Policy Framework Technical Guidance.

Buildings and Plant

12. The plant structures hereby permitted shall be clad with steel sheeting and the cladding shall be painted in dark green to match the existing plant and maintained in good condition.

13. All buildings, plant and machinery hereby permitted shall be maintained in a good condition and in particular, their external appearances shall be maintained in good condition.

14. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, or any other subsequent Order revoking or re-enacting that Order, planning permission should be obtained for the erection of any other buildings, plant or structures.

Reason (12 to 14): To define the permission and to retain only those buildings and items of plant and machinery necessary for permitted operations and to safeguard visual amenity and in accordance with the Staffordshire and Stoke-on- Trent Minerals Local Plan (saved policy 12).

9 Access and Highway Safety

15. Prior to entering the public highway all HCV vehicles carrying sand products shall utilise the approved Croxden Quarry wheel wash facility

16. No access in connection with development hereby permitted shall be gained to the Site except via the access onto Coppice Lane, as shown on Drawing No. dwg no C57/74 A attached to planning permission SM.11/07/110 M.

17. Within 3 months of the date of this permission, details of the arrangements for the parking of vehicles associated with the operation of the bagging plant shall be submitted for the written approval of the MPA. All vehicles shall only then be parked in the approved areas for parking.

18. All internal haul roads and access roads and parking areas within the Site shall be surfaced and maintained in a bound material until such time as they are removed as part of the approved Restoration and 5 year Aftercare Scheme for the quarry (ref. Condition 20).

Reason (15 to 18): To reiterate the requirement of planning permission ref. SM.99/0954 and in the interests of the safety and convenience to other highway users and to minimise the risk of deleterious material being deposited on the highway, in accordance with the Staffordshire and Stoke-on-Trent Minerals Local Plan (saved policy 12) and the National Planning Policy Framework (section 4).

Record Keeping

19. The following records shall be kept at the Site and shall be provided to the Mineral Planning Authority within 5 working days of a request being made. In making a request, the Mineral Planning Authority shall specify the dates between which the following records shall be provided: a) the operating dates and times of the bagging plant and storage shed (ref. Conditions 9).

Reason: To ensure the permission is implemented in accordance with the submitted details and in the interests of the highway safety and protection of the environment in accordance with the Staffordshire and Stoke-on-Trent Minerals Local Plan (saved policy 12) and the National Planning Policy Framework (sections 4 and 13).

Restoration and Aftercare

20. Upon cessation of the use or operations hereby permitted, all plant, machinery, equipment, hardstanding, structures and stockpiles of materials, plant and equipment shall be removed from the Site and the Site shall be restored and subject to aftercare in accordance with the approved Restoration and 5 year Aftercare Scheme for Croxden Quarry.

10 Reason: To ensure that the site is reinstated to a beneficial afteruse upon cessation of use of the bagging plant and in accordance with the Staffordshire and Stoke-on-Trent Minerals Local Plan (saved policies 9 and 21); the Staffordshire Moorlands Core Strategy (policies NE1 and DC3); and, the National Planning Policy Framework (section 13) and the ‘restoration and aftercare’ guidance in the National Planning Policy Framework Technical Guidance.

Display of Conditions

21. A copy of this planning permission and any details subsequently approved shall be held at the offices from where the Site is managed and made known to any person(s) given responsibility for the management or control of the activities/operations on the Site.

Reason: To enable easy reference and to encourage compliance with the requirement of the planning permission so as to ensure the orderly operation of the Site. Background to the decision

In accordance with the Scheme of Delegation to Officers a report recommending to PERMIT the variation of Condition 2 of planning permission SM.99/0954 to extend the end date of the bagging plant and storage shed until 30/11/2023 at Croxden Quarry, Croxden Quarry, Quarry Common, Cheadle was signed. For details refer to the Delegated Report.

The positive and proactive steps taken in handling the application

In dealing with planning applications, the government require local planning authorities to make a statement about how we have worked with the applicant in a positive and proactive manner based on seeking solutions to problems arising in relation to dealing with a planning application. [ref. The Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2012 – Part 4, Article 31(1)(cc)]

Staffordshire County Council endeavours to work positively and proactively in order to determine planning applications in an efficient and effective manner and in accordance with the presumption in favour of sustainable development, as described in the National Planning Policy Framework.

The problems that arose and the solutions found in this case are briefly summarised below.

• No notable problems arose in dealing with this application.

• When planning permission was first granted for the bagging plant, a Section 106 legal agreement was signed. The opportunity has been taken to consolidate the Section 106 legal agreements affecting the main quarry permission, the sand products plant and the bagging plant and storage shed at the same time.

11 • It was also considered appropriate to update the planning conditions to reflect approvals and outstanding details.