Local Members' Interest

Mr. B. R. Edwards Kinver

DEVELOPMENT SERVICES DELEGATION SCHEME

MINERAL COUNTY MATTER – South : SS.08/22/627 M

Applicant – Tarmac Ltd

Description – Importation of approximately 100,000 cubic metres of inert materials to enhance and accelerate restoration of unrestored parts of Quarry at a rate of approximately 25,000 cubic metres per annum.

Location – Seisdon Quarry, Seisdon, Nr .

The proposals relate to an existing permitted quarry which is located approximately 4 miles west of Wolverhampton between the villages of Trysull to the south east and Seisdon to the west and 1 mile north-west of . It is bounded to the south by Seisdon Road, to the north-west by Ebstree Road, and Trysull Holloway to the east. The surrounding character of the land is predominantly agricultural. The site lies within the Green Belt.

Saved policies in the Development Plan relevant to this application:

West Midlands Regional Spatial Strategy

• Policy QE1 (Conserving and Enhancing the Environment) • Policy QE6 (Conservation, Enhancement and Restoration of the Region’s Landscape) • Policy QE9 (The Water Environment)

Staffordshire and Stoke on Trent Structure Plan (1996 – 2011) (Saved Policies)

• Policy D1 (Sustainable Development) • Policy D2 (The Design and Environmental Quality of Development • Policy D5B (Development in the Green Belt) • Policy MW3 (The Efficient Use and Recycling of Minerals) • Policy MW6 (Evaluation of Proposals) • Policy MW9 (Reclamation) • Policy NC9 (Water Resources) • Policy T13 (Local Roads)

Staffordshire and Stoke on Trent Minerals Local Plan (Saved Policies)

• Policy 9 (Restoration and Aftercare)

Staffordshire and Stoke on Trent Waste Local Plan (Saved Policies)

• Policy 3 (General Protection) • Policy 4 (Restoration, Aftercare and Afteruse) • Policy10 (Waste disposal on Agricultural, Forestry, or Other Land) - 1 - South Staffordshire District Local Plan (adopted 1996)

• Policy GB1 (Green Belt - General) • Policy LS7 (Special Landscape Area) • Policy LS10 (Landscape Improvement Areas)

Other Material Considerations include:

National Planning Policy

• PPS1 (Delivering Sustainable Development) • PPS10 (Planning for Sustainable Waste Management) • PPG2 (Green Belts) • MPS1 (Minerals and Planning)

Relevant Planning History

SS.0739/97 – Consolidating permission merging two quarries at Seisdon and Trysull into one operational unit granted 19 April 2000.

SS.02/17/627 M – Small lateral extension (1.8 ha) for extension to extract 140,000 tonnes of reserves permitted 04 December 2003.

SS.02/21/627 M – For importation of 35,000 m ³ of inert waste to cap silt lagoons and accelerate the restoration of the site permitted 06 June 2003 (not implemented and time expired)

SS.06/07/627 (A) M and SS.06/07/627 (B) M – These permissions granted a time extension to the time limited consents (SS.0739/97 and SS.02/17/627 M) and extended the date for mineral extraction until 31/12/2008 and extended the deadline for restoration until 31/12/2009. Permissions were jointly granted 22 December 2006.

SS.06/07/627(A) M D1 - SS.06/07/627(B) M D1 – Submission of details to SS.06/07/627(A)M relating to dust management and SS.06/07/627(B) M relating to a Revised Restoration Master Plan approved on 25 June 2008.

SS.08/08/627 M – Variation of time limited planning conditions to planning permission SS.06/07/627(A) M to enable all the identified sand and gravel reserves to be sustainably extracted as part of the mineral operations permitted 30 June 2008.

Screening Opinion : YES /NO Environmental Statement : YES /NO

Consultation Responses

Internal

The Environment and Countryside Unit (ECU) has no objections to the proposals subject to the approved restoration plan for the site being unaffected and conditions being imposed for details to be submitted requiring the testing of the imported inert materials and soil mix to establish the appropriate grassland type that would be ecologically suitable and the submission of details for a grassland restoration plan, which should be based on the soil testing results.

- 2 - The Development Services Noise Engineer has no objections on noise grounds as the site operations remain unaffected by the proposals and the existing mineral permission noise conditions therefore accommodate the development.

Transport Development Control (on behalf of the Highways Authority) has no objections on highway grounds.

The Planning Regulation Team has no objections.

External

The Environment Agency (EA) has no objections subject to a condition being imposed requiring details to be submitted for a surface water drainage scheme.

Severn Trent Water has no objections subject to a condition being imposed requiring details to be submitted for a water drainage scheme incorporating sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development.

Natural has no objections and comment is made that the proposed works should be in line with the BAP restoration plan for the site.

South Staffordshire Council (EHO) has not responded.

District/Parish Council

South Staffordshire Council has provided officer comments and offers no objections.

Seisdon & Trysull Parish Council has no objections.

Publicity and Representations

The application was advertised by site notice, within the local press and the occupiers of 30 nearby properties were notified by letter. Four representations have been received, three of which raise concerns relating to noise, pollution, increased traffic from HGV vehicles and highway safety. The remaining representation does not raise concerns but requests a condition is imposed on any consent to ensure traffic does not pass through Seisdon Village.

Applicant’s submission

The application seeks to import 100,000m³ of inert processed waste material over a four year period (25,000m ³ per annum) to enhance and accelerate the restoration of worked out areas within Seisdon Quarry. The reason for the requirement to import restoration material is that restoration materials derived on site from the waste (oversized cobbles and boulders) encountered during the processing of sand and gravels is generated irregularly as remaining reserves are depleted. The rate at which the site can be restored is therefore dependant upon the rate of working and the quality of the remaining reserves. The applicant states that soils available on site are limited and would need to be spread fairly thinly over the final land profile. It is intended that importation would be for a period to coincide with the final restoration of the site.

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The inert materials would consist of fines sourced from Tarmac’s own waste recycling facility in Ettingshall, Wolverhampton which processes builders and demolition rubbles which after processing is used generally as subsoil throughout the region. The imported materials would be deposited and spread across the proposed areas within the quarry to a depth of 2 metres. The deposit would then be ripped and topsoils recovered from on-site mineral operations rotovated into the top 12 inches to create a low nutrient soil making material appropriate for acid grasses. The applicant considers this arrangement to provide a significantly better subsoil/soil profile.

An average of 10 to 12 loads of inert waste restoration materials would be imported daily during normal operating hours for the quarry and a routing plan is provided within the application which would ensure that all vehicles would arrive at the site from the east (Ettingshall) and depart from the site by turning right toward Ettingshall. No vehicles would pass through Seisdon Village. The applicant has expressed a willingness to enter into a legal agreement to secure a routing agreement.

OBSERVATIONS

Minerals and Waste Policy Considerations

The main thrust behind national (PPS10), regional (RSS) and local (Structure Plan (Policy MW5)) waste policy is the promotion of principles of sustainable waste management whereas Waste Local Plan Policy 10 relates to waste disposal where planning permission is required to deposit waste to improve land. Policy 10 states that proposed development will not be permitted except where:

i) the proposals represent the Best Practicable Environmental Option;

ii) only inert waste would be deposited;

iii) the amount of waste proposed to be deposited is the minimum necessary for the intended purpose;

iv) the material planning benefits of the proposed development outweigh any material planning objections; and,

v) the proposals are comprehensive, detailed, practical and achievable.

As only locally sourced and treated/processed materials would be deposited and would be of the minimum amount perceived necessary to achieve the approved restoration, the proposals would accord with Waste Local Plan Policy 10 in terms of points i, ii and iii. As sufficient restoration material would be provided by the import of inert wastes for subsoils which could otherwise be in short supply on site, there would be material planning benefits in allowing the material to be imported. As there are no material planning objections the development would accord with point iv. The proposals would be short term and would correspond with the restoration phase; they would be comprehensive, detailed, practical and achievable, the development therefore accords with point v. As there would be no direct or indirect adverse impacts upon people, transportation systems or the environment, the development would represent sustainable waste management in accordance with Structure Plan Policy MW5.

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Waste Local Plan Policy 3 seeks to protect wildlife, the countryside, landscape, the highway network, public rights of way and agricultural land. Although no adverse concerns have been raised in consultation, relevant conditions have been recommended which would ensure appropriate analysis is undertaken to ensure that the imported waste materials would support approved restoration planting and habitat creation to support the Staffordshire Biodiversity Action Plan (BAP). A condition requiring material testing and analysis is considered appropriate in this case in order for the development to fully accord with Waste Local Plan Policy 3. The proposed development would not adversely affect the general local environment or amenity of the area.

Waste Local Plan Policy 4 seeks that waste development proposals include comprehensive, detailed, practical and achievable restoration and aftercare at the earliest opportunity. The proposed development represents a temporary waste operation which would enhance and accelerate approved restoration and therefore accords with Policy 4.

The sourced inert waste materials would be processed at Tarmac’s recycling facility in Ettingshall approximately 6 miles from the quarry site. As these wastes would be pre-treated and would only represent wastes which could be suitable for landfill and in this case the rehabilitation of the site, it would represent sustainable, efficient and appropriate use of mineral resources. The development is therefore supported by Structure Plan Policies D1, MW3, MW6 and MW9.

Green Belt Policy Considerations

The site lies within the Green Belt and PPG2 (Green Belts) is therefore relevant. The proposed waste development is considered to be inappropriate development in Green Belt terms. There is a presumption that mineral working is only allowed if high environmental standards are maintained and the site is well restored (ref. PPG2, para. 3.11). It is therefore important that the site is restored to a high standard at the earliest opportunity. The proposed development seeks to both enhance and accelerate the restoration of Seisdon Quarry and therefore achieve high environmental standards and bring forward the final restoration at the earliest opportunity. The proposed importation of restoration materials to accelerate restoration would not affect on-site mineral operations or affect the approved restoration scheme for the whole site and therefore limited in its impact. The deposit of waste materials would also be wholly within the existing operational quarry and would not therefore be contrary to guidance contained in PPG2 or prejudice the principles of the Green Belt prescribed within Policy D5B of the Structure Plan as it would not prejudice openness or affect visual amenity. It is therefore considered that very special circumstances exist in the case to justify the proposed development and the development would support the objectives of restoration for mineral sites and therefore not incompatible in Green Belt policy terms.

Restoration

The Mineral Planning Authority has previously approved a Restoration Master Plan for the whole quarry site (SS.06/07/627(B)M). The restoration plan represents a high standard of, and appropriate restoration for the site; the proposed development would not affect the restoration plan. ECU have however commented that the imported

- 5 - material may have chemical characteristics which may not be conducive to acidic grassland as approved in these areas and have requested that a detailed analysis of the imported material is carried out to ensure that the material is chemically suited to the approved restoration or that further details are submitted and approved for a suitable grassland type. Conditions requiring details to be submitted for testing of the imported inert materials and soil mix to establish an appropriate grassland type and details for a grassland restoration plan are therefore considered appropriate and would ensure that the development is generally consistent with the approved restoration plan in order to accord with Structure Plan Policy MW9 and Minerals Local Plan Policy 9.

Other Considerations

Three representations have been received which object to the proposals. The main thrust of the objections relate to the increase in HGV traffic generation and highway safety; noise and pollution are also cited. The additional traffic movements amount to 10 to 12 loads being delivered per day. A routing plan is proposed by the applicant in order to ensure no vehicles pass through Seisdon village and this arrangement does not raise concern with the Highways Authority. In addition, planning permission had previously been granted (ref: SS.02/21/627 M) for import of waste materials which would also have necessitated additional traffic movements. This permission was not implemented and has now expired. Although the proposed development would be over a longer period, the impacts in highway terms would be no greater. It is not therefore considered that adverse impacts would be created by the development. No concerns are raised by relevant consultees on noise or dust grounds, though it is considered that appropriate conditions can be imposed to satisfy all concerns raised in the objections.

Summary of Reasons for the Recommended Decision

The application is for the import of 100,000m ³ of inert waste materials to enhance and accelerate restoration of Seisdon Quarry. It is important to ensure that mineral sites are restored to a high standard, particularly in the Green Belt, at the earliest opportunity, in sympathy with the surroundings and without causing further unacceptable adverse impacts on local residents.

As the deposition of inert waste materials would assist in achieving a high environmental standard of and accelerate restoration at the earliest opportunity, be carried out within the permitted quarry site, and the development would not have any adverse impact, either to the Green Belt, transportation systems, people, or the environment subject to appropriate conditions, they would accord with the aims of sustainable development and would not be incompatible with the objectives of Green Belt policy. The development therefore accords with the aims of PPS1, RSS Policies QE1, QE6 and QE9, Structure Plan Policies D1, D2, D5B, MW6, NC9 and T13 and Waste Local Plan Policies 3 and 10. As the development would ensure the efficient use of recycling minerals it would accord with Structure Plan Policy MW3. As the development would not affect the overall restoration of the site, it would accord with Structure Plan Policy MW9, Waste Local Plan Policy 4 and Minerals Local Plan Policy 9.

- 6 - Recommendation

PERMIT the importation of approximately 100,000m³ of inert materials to enhance and accelerate restoration of unrestored parts of Seisdon Quarry at a rate of approximately 25,000m ³ per year at Seisdon Quarry. (Attached conditions on separate page)

SIGNED: Paul Wilcox Head of Development and Waste Management

DATE: 22 April 2009

Case Officer: Graham Allen - Tel: (01785) 277299; email: [email protected]

A list of background papers for this report is available on request and for public inspection at the offices of Development Services Directorate, Riverway, Stafford during normal office hours Monday to Thursday (8.30 am – 5.00 pm); Friday (8.30 am – 4.30 pm).

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RECOMMENDED CONDITIONS SS.08/22/627 M

Definition of Permission

1. This permission relates to the import of 100,000m ³ of inert waste materials to enhance and accelerate restoration of Seisdon Quarry at a rate of approximately 25,000m ³ per annum within the areas edged red on Drawing No. S59-08-D-016 dated 26 November 2008.

2. The development hereby permitted shall be carried out in accordance with the application details, Drawing No’s. S/2002/2, S59-08-D-015 and drawing titled “Seisdon Inert Landfill Application-HGV Route”, and supporting documentation all dated as received 22 January 2009, except as may be modified by the conditions attached to this planning permission

Reasons 1 & 2: To define the planning permission areas and to ensure that the use and operations are carried out in accordance with the submitted application.

Commencement

3. The development hereby permitted shall be commenced within three years of the date of this permission.

Reason: In order to comply with the provisions of Section 91 of the Town and Country Planning Act, 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act, 2004.

Notice of Commencement

4. Prior to the commencement of the development hereby permitted the developer shall provide written notification to the Mineral Planning Authority of the intention to start importation of inert waste materials a minimum of 7 days prior to such operations taking place.

Reason: To assist the monitoring and compliance of the development with the planning permission, conditions and approved documents.

Expiry of Permission

5. This permission shall expire no later than 31 December 2014.

Reason: To ensure the site is restored to a beneficial afteruse, to secure the proper restoration of the site and to accord with the provisions of Condition 34 of planning permission SS.08/08/627 M granted 30 June 2008 relating to the completion of restoration at Seisdon Quarry.

Display of Permission

6. A copy of the terms of this planning permission, including all documents hereby permitted and any documents subsequently approved in - 8 - accordance with this planning permission shall be kept at the Seisdon Quarry site and shall be made known to any person(s) given responsibility for the management or control of the activities/operations hereby permitted.

Reason: To assist the monitoring and compliance of the development with the planning permission, conditions and approved documents and so as to ensure the orderly operation of the Site.

Waste Types

7. The deposit of waste shall be restricted to inert and uncontaminated waste materials comprising soils, subsoils, clays and construction demolition wastes from the Ettingshall Recycling Facility, Wolverhampton. There shall be no deposition of biodegradable, liquid, odourous or putrescible material including paper, cardboard, timber, plasterboard or related products nor any potentially polluting materials.

Reason: For the avoidance of doubt and to accord with the provisions made within the application.

Highways

8. For the duration of the operations hereby permitted, no Heavy Goods Vehicles delivering inert waste materials for the purposes of this permission shall access Seisdon Quarry other than by way of the existing north western site access onto Ebstree Road, as indicated on Plan No. 97-104-03A, dated June 1997 and attached to planning permission SS.739/97 granted 19 April 2000 as superseded by planning permission SS.06/07/627 (A) M granted 22 December 2006.

9. For the duration of the operations hereby permitted, all Heavy Goods Vehicles delivering inert waste materials for the purposes of this permission to Seisdon Quarry shall turn left into the site using the access set out in Condition 8. All vehicles leaving the site empty shall turn right into Ebstree Road.

10. Prior to the commencement of the development, signage shall be erected at the Seisdon Quarry site entrance giving details of the access arrangements set out in Condition 9.

11. For the duration of the development hereby permitted, no Heavy Goods Vehicles associated with the permitted operations shall leave Seisdon Quarry without first passing through the wheel cleaning facilities installed within the quarry.

12. No vehicles associated with the development hereby permitted shall leave Seisdon Quarry in a condition whereby mud, dirt or other deleterious materials may be deposited on the highway.

Reason 8 - 12: In the interests of highway safety and to prevent mud and dust getting on the highway in accordance with Policies T13 and MW6 (saved policies) of the Staffordshire & Stoke-on-Trent Structure Plan (1996-2011).

- 9 - Sheeting of Vehicles

13. All laden Heavy Goods Vehicles delivering inert waste materials to Seisdon Quarry for the purposes of this permission shall be securely sheeted.

Reason: In the interests of highway safety in accordance with Policies T13 and MW6 (saved policies) of the Staffordshire & Stoke-on-Trent Structure Plan (1996-2011).

Hours of Working

14. No importation of inert waste materials or operations hereby permitted shall be carried out except between the hours of 0700 to 1800 hours Monday to Friday and 0800 to 1300 hours on Saturday. No operations shall be carried out on Sundays, Bank and Public Holidays.

Reason: To accord with the provisions made within the application and the permitted mineral operations at Seisdon Quarry, and to safeguard the amenities of the area in accordance with Policies D2(c) and MW6 (saved policies) of the Staffordshire & Stoke-on-Trent Structure Plan (1996-2011).

Environmental Protection

Noise

15. Noise emitted from the operations hereby permitted shall be monitored and comply with the noise monitoring scheme approved by the Minerals Planning Authority for Seisdon Quarry reference SS.0739/97 D2 as approved by letter dated 23 July 2002.

Dust

16. All roads used for the purpose of the development hereby permitted shall be watered in dry weather to suppress dust.

17. The internal Seisdon Quarry access road shall be swept at regular intervals to minimise incidence of dust arising as a result of the development hereby permitted.

18. Best practicable means shall be used to minimise any dust arising from the waste deposition operations hereby permitted. Such measures may include water bowsers and sprays. In the event of a significant off-site dust occurrence, all dust generating operations shall be suspended until such times as the site weather conditions improve or appropriate remedial action has been taken to prevent any further occurrence.

Reasons 15 - 18: to minimise the potential nuisances and environmental impacts of noise and dust on the local community and surrounding area in accordance with Policies D2 and MW6 of the Staffordshire and Stoke-on-Trent Structure Plan (1996- 2011).

- 10 - Ground and Surface Water Protection

19. Prior to the commencement of the development hereby permitted, details shall be submitted for the written approval of the Mineral Planning Authority of a surface water drainage scheme, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development. The scheme shall be carried out in accordance with the approved details and implemented prior to the importation of any waste.

20. No ground or surface water shall be discharged in such a manner as to cause surcharging of any recipient ditch or watercourse or cause the flooding of any adjacent land.

21. Throughout the period of the development hereby permitted, all reasonable steps shall be taken to ensure that drainage to and from areas adjoining Seisdon Quarry is not impaired or rendered less efficient.

Reasons 19 to 21: To protect the water environment in accordance with Policies D2 (c&e), NC9 and MW6 (saved policies) of the Staffordshire & Stoke-on-Trent Structure Plan (1996-2011).

Inert Waste Analysis

22. Within 6 months of the commencement of the first import of inert waste materials, the imported waste materials deposited on the site shall be chemically analysed, in accordance with details previously agreed, by a competent person and the test results shall be submitted to the Mineral Planning Authority for its approval. Any materials found on site which do not conform with the requirement to restore the site to grassland shall be removed from the site and taken to a licensed facility. Testing shall be carried out, thereafter, each year from the date of this permission on the anniversary of the first test required under this condition.

23. Within 12 months of the commencement of the first import of inert waste materials, details shall be submitted for the written approval of the Mineral Planning Authority of a Grassland Restoration Plan, which shall be based on the test analysis results as required by Condition 22 of this permission. The site shall be restored to grassland in accordance with the approved plan.

Reasons 22 & 23: To ensure the proper restoration of Seisdon Quarry to accord with the restoration provisions made within planning permission SS.08/08/627 M and in accordance with Policies NC2 and MW9 (saved policies) of the Staffordshire & Stoke-on-Trent Structure Plan (1996-2011), Policy 4 (saved policy) of the Staffordshire and Stoke-on-Trent Waste Local Plan (1998-2011) and Policy 9 (saved policy) of the Staffordshire & Stoke-on-Trent Minerals Local Plan (1994-2006)

Inert Waste Material Handling

24. All imported inert waste materials for the purposes of this permission shall be deposited directly within the permitted areas defined in Drawing No.S59-08-D-016 attached to this permission and spread and compacted to accord with the general provisions of Conditions 29 to 33 of planning permission SS.08/08/627 M dated 30 June 2008. - 11 -

25. No imported inert waste materials for the purposes of this permission shall be reworked, other than as may be agreed in writing with the Mineral Planning Authority for the purposes of any essential remedial restoration or aftercare measures.

Reasons 24 & 25: To ensure the proper restoration of Seisdon Quarry to accord with the restoration provisions made within planning permission SS.08/08/627 M and in accordance with Policies NC2 and MW9 (saved policies) of the Staffordshire & Stoke-on-Trent Structure Plan (1996-2011), Policy 4 (saved policy) of the Staffordshire and Stoke-on-Trent Waste Local Plan (1998-2011) and Policy 9 (saved policy) of the Staffordshire & Stoke-on-Trent Minerals Local Plan (1994-2006).

Restoration and Aftercare

26. The development hereby permitted shall be carried out in general accordance with the approved restoration and aftercare scheme for the Seisdon Quarry site (ref: SS.06/07/627 M (A)&(B) D1) 25 June 2008.

Reason: To ensure the site is restored to a beneficial afteruse and to secure the proper restoration of Seisdon Quarry in accordance with Policies NC2 and MW9 (saved policies) of the Staffordshire & Stoke-on-Trent Structure Plan (1996-2011), Policy 4 (saved policy) of the Staffordshire and Stoke-on-Trent Waste Local Plan (1998-2011) and Policy 9 (saved policy) of the Staffordshire & Stoke-on-Trent Minerals Local Plan (1994-2006).

Informatives

1. The Environment Agency advises with regard to Environmental Management that the activity will require registration under Paragraph 9 of Schedule 3 of the Waste Management Regulations 1994. The developer needs to consider that the proposed amendment to these regulations would require that a permit application is submitted and duly made by October 2010.

2. Natural England advise the developer that planning permission does not absolve them from complying with the relevant law, including obtaining and complying with the terms and conditions of any licenses required as described in Part IV of Circular 06/2005.

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