planning report D&P/4011/01 5 July 2016 Fairlop Quarry, Little Heath, RM6 5SS in the London Borough of Redbridge planning application no. 2089/16

Strategic planning application stage 1 referral Town & Country Planning Act 1990 (as amended); Authority Acts 1999 and 2007; Town & Country Planning (Mayor of London) Order 2008.

The proposal

Planning application for the extension of mineral workings at Fairlop Quarry, into phases E and F, with establishment of new lagoon facilities, retention and modification of plant site and ancillary facilities, the establishment of a new conveyor and haul road with restoration to agriculture and nature conservation habitats by importation of inert restoration materials. The applicant The applicant is Brett Tarmac Ltd. and the agent is David L Walker Ltd.

Strategic issues summary Mineral extraction: The proposals will contribute circa 1 million tons towards the maintenance of a 5 million tonne landbank (7 year supply). Green Belt: Mineral extraction is a compatible use in the Green Belt. The effects from mineral extraction will be temporary in duration and the restoration scheme will enhance the quality of Green Belt in the area. Waste: The restoration scheme will involve the importation of circa 750,000 tonnes of inert waste, which will assist in the beneficial re use of construction, excavation and demolition waste. Flood risk and surface water drainage: The site includes areas of Flood Risk 2 and 3 with extensive areas of surface water flood risk. The substantial site area also has the potential to affect drainage across a wider area. A flood risk assessment and drainage assessment is required to ensure that the proposals are acceptable in flood risk and drainage terms.

Recommendation That Redbridge Council be advised that whilst this application is broadly supported in strategic planning terms, the application does not yet comply with the London Plan for the reasons set out in paragraph 54 of this report. However, the resolution of these issues could lead to the application becoming compliant with the London Plan.

page 1 Context

1 On 24 May 2016 the Mayor of London received documents from Redbridge Council notifying him of a planning application of potential strategic importance to develop the above site for the above uses. Under the provisions of The Town & Country Planning (Mayor of London) Order 2008 the Mayor has until 4 July 2016 to provide the Council with a statement setting out whether he considers that the application complies with the London Plan, and his reasons for taking that view. The Mayor may also provide other comments. This report sets out information for the Mayor’s use in deciding what decision to make.

2 The application is referable under category(insert reference) 2A.1 of the Schedule to the Order 2008:

2A 1. “Development which comprises or includes mining operations where the development occupies more than 10 hectares”;

3 Once Redbridge Council has resolved to determine the application, it is required to refer it back to the Mayor for his decision as to whether to direct refusal; take it over for his own determination; or allow the Council to determine it itself.

4 The Mayor of London’s statement on this case will be made available on the GLA website www.london.gov.uk. Site description

5 Fairlop Quarry (the application site) is located approximately 4km north west of Town Centre in the London Borough of Redbridge. The site is split across six distinct areas designated as the plant site, Phase A (East and West) (worked and partially restored) and Phases C (worked and restored) D (worked and partially restored) with the proposed extension areas Phases E and F respectively. Access to the plant site area is derived via Hainault Road which is an unclassified road, which in turn affords access to the A12 trunk road to the south of the site which forms part of the primary road network.

6 The Fairlop Quarry complex has been supplying the building material needs of local construction projects for several decades. The nearby Fairlop Waters Country Park and golf club is a previously worked and restored area, which is now an important recreational resource of regional significance.

7 The application area extends over some 62.92 hectares covering the proposed extension areas (allocated as Phases E and F) and new haul routes, conveyor routes, existing water management areas in Phases A and D, along with the existing plant site and waste reception areas in Phase A. It is proposed to retain these ancillary features (in particular the water treatment facilities in Phases A and D) for the duration of the proposals detailed within the application.

8 The application site has the following planning designations: Green Belt; Site of Importance to Nature Conservation (SINC); Green Corridor; Archaeological Priority Zone; and Minerals Safeguarding Zone.

page 2 9 The proposed Phase F extension area is located to the west of Hainault Road, to the north of a current operational area (Phase A East) and approximately 0.1km west of the existing plant site (refer Plan F10/PL09/01). The proposed Phase F extension area (including soil bund locations) extends to circa 7.7 hectares and currently comprises agricultural land bounded by perimeter hedgerow planting, and other agricultural fields that have already been worked and restored. Like Phase E, the proposed Phase F extension is situated on greenfield land and is found in close proximity to existing residential development in and around Hainault Farm.

10 Surrounding land uses, are primarily dominated by areas of previous mineral extraction, and the receding . There are a number of housing areas in close proximity including , and more dispersed housing around the Hainault part of the site. Other surrounding land uses include a horse riding school, municipal golf course, allotment gardens, a public house, a restaurant and football ground.

11 There are six listed buildings in the vicinity of the site mainly in proximity to Phase E. There are no listed buildings or any other surface heritage designations in proximity to Phase F or the other parts of the application site. Of the six listed buildings one is Grade 2* listed and the remainder are Grade 2.

Details of the proposal

12 The main focus of the planning application is for the extension to Fairlop Quarry. It is proposed to extend into the areas designated as Phase E, located just north of Aldborough Hatch, and Phase F situated west of Hainault Farm.

13 The proposals seek to recover around 1 million tonnes of sand and gravel, from the two proposed extension areas. It is proposed that the phases will be worked simultaneously. It is proposed that the development, including site preparation, extraction and restoration in both phases, would take between 8 to 9 years to complete.

14 A comprehensive progressive working and restoration scheme has been prepared to ensure that the proposed extension is developed in an efficient and systematic manner. The proposal includes the provision of acoustic / visual screens in the form of soils bunds to protect the amenity of local residents and other sensitive land uses.

15 In addition to the proposals for the extension areas, this application also seeks the retention of previously consented ancillary operations for the duration of the scheme, including:

(i) the consented processing plant site; (ii) the consented ready mixed concrete plant; (iii) existing consented access points off Hainault Road; (iv) facilities for the importation of restoration materials situated in Phase A (East); (v) water management infrastructure (situated in Phase A (East), Phase D and the plant site); and (vi) the existing haul road/conveyor networks, including the bridge over Hainault Road, and culverts over the water. 16 If consent is secured by late summer-2016, it is envisaged that the enabling works, soils stripping etc would be commenced Autumn 2016. Assuming that the typical rates of extraction and importation can be maintained, the extension will be restored during 2023. The plant site area and Area A would then be restored during 2024/2025.

page 3 17 The restoration concept seeks to provide a holistic approach to the restoration of the proposed extraction areas, and the un-restored elements of the current site, restoring the land for use as agriculture, recreation and nature conservation. The restoration of Phases E and F will require the importation of circa 750,000 m3 of inert restoration materials, typically comprising soils and clays from local excavation and construction projects. No importation would be necessary to achieve the proposed enhanced restoration schemes in Phase A (East), the un-restored elements of Phase D and the plant site. The scheme in these areas will be achieved using on site resources. In addition the scheme could potentially create 2.km of new permissive rights of way. Case history

18 The application site is located to the south-west of a large area of the Fairlop Quarry Complex, for which planning permission was granted under consent reference 793/85 dated 8 January 1985. In addition to the extraction of sand and gravel, the scheme included processing or the as dug sand and gravel, and the erection of ancillary offices and workshops. Condition 22 of the permission required the site to be backfilled with inert waste to achieve restoration to agricultural use.

19 A further planning application was consented on land forming part of Hainault Farm, reference 1661/95, dated 29 March 1996. This granted planning permission for the extraction of sand and gravel, with the void being restored to agriculture by the importation of inert fill.

20 Area D is located to the east of the proposed extension and to the south of these two permission areas, and is the most recent area of mineral extraction under planning permission reference 2118/00 being granted on 2 August 2001. This planning consent has been subject to an application to vary the restoration concept which was approved during 2007.

21 The consent was also subject to variation in 2012, such that the operations in Phase D are in effect regulated by planning consent 1352/12 granted on 24 August 2012. A recent extension of time was granted in March 2016 for Phase D regulating operations through until 31 December 2016. Strategic planning issues and relevant policies and guidance

22 The relevant issues and corresponding policies are as follows:

 Mineral extraction London Plan;  Green Belt London Plan;  Land for food London Plan;  Waste London Plan;  Heritage impact London Plan;  Biodiversity London Plan;  Ambient noise London Plan; the Mayor’s Ambient Noise Strategy;  Air quality London Plan; the Mayor’s Air Quality Strategy;  Flood risk and drainage London Plan;  Transport and parking London Plan; the Mayor’s Transport Strategy;

23 For the purposes of Section 38(6) of the Planning and Compulsory Purchase Act 2004, the development plan in force for the area is the Redbridge Core Strategy 2008; the Borough Wide Primary Policies Development Plan Document 2008; Redbridge Minerals Local Plan 2012; Joint Waste Local Plan (2012) and the London Plan 2016 (The Spatial Development Strategy for London Consolidated with Alterations since 2011).

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24 The following are also relevant material considerations:

 The National Planning Policy Framework and Technical Guide to the National Planning Policy Framework; Mineral extraction

25 The National Planning Policy Framework (NPPF) states that mineral extraction in Green Belt need not be inappropriate, provided that it would preserve the openness of the Green Belt, and not conflict with the purposes of including land in Green Belt. Whilst the site is located in the Green Belt, no permanent built development is envisaged as part of these proposals and mineral development should be considered as a compatible use in the Green Belt in accordance with guidance contained in the NPPF and attendant planning practice guidance.

26 London Plan Policy 5.20 Aggregates states that the Mayor will work with all relevant partners to ensure an adequate supply of aggregates to support construction in London, which will be achieved in part by extraction of land-won aggregates within London. It further states that London should make provision for the maintenance of a landbank (i.e. seven years’ supply) of at least 5 million tonnes of land won aggregates throughout the plan period until 2031 and apportions 0.7 million tonnes to Redbridge. The proposals seek to recover approximately 1 million tons of sand and gravel, and will maintain an annual contribution of 150,000 tonnes, circa 15% of the annual apportionment for the entire London Plan area.

27 The Council’s overarching policy with regard to minerals is articulated in Policy E7 of the Councils Borough Wide Primary Policies DPD, which makes provision for safeguarding known mineral reserves. Phase E and F are within a safeguarding designation maintained by the mineral planning authority, which reflects the NPPF position that mineral extraction can be considered a compatible use in the Green Belt. Policy E7 further states that high environmental standards for extraction will be expected and that planning permission will be granted where application have an acceptable impact having regard to a range of environmental, amenity and safety considerations. The Redbridge Mineral Local Plan has identified Preferred Areas of Extraction, which both Phase E and Phase F are within, further establishing the principle for extraction in these locations.

28 The proposals include the retention of previously consented ancillary operations for the duration of the scheme as detailed in paragraph 15 of this report. The mineral proposed to be recovered in phases E and F, will only potentially be recoverable while the site benefits from a dedicated processing facility (plant site), access on to the highway and other necessary ancillary site infrastructure. If the existing plant site, accesses etc were to be removed at Fairlop and the land on which they are sited restored, it might not be viable to reinvest in these features for the mineral reserve involved. The proposals represent a logical extension to the mineral workings at the site and the continued use of existing ancillary features will minimise impact on the surrounding environment, which is supported.

29 Overall, the principle of the extension of mineral extraction operations in this location along with the retention of ancillary operations necessary to facilitate them is supported in strategic terms and will contribute towards the delivery of the London Plan.

page 5 Green Belt

30 London Plan policy 7.16 Green Belt affords the strongest protection to London’s Green Belt. It states that development will be supported if it is appropriate and helps secure the objectives of improving the Green Belt as set out in national guidance. In accordance with guidance contained in the NPPF and attendant planning practice guidance, mineral extraction is not inappropriate development in the Green Belt provided that it preserves the openness of the Green Belt and does not conflict with the purposes of including land in Green Belt. Positive management of the Green Belt is a key to improving its quality and hence its positive benefits for Londoners.

31 The landscape of the site and its surrounds is characterised by semi-open, gently undulating grassland with hedgerows and small copses, and distinct boundaries between open areas and the built areas of adjoining predominantly 2-storey residential development. Fairlop Waters country park and Fairlop Plain municipal golf course and driving range are key landscape features and active quarry plant and stocking areas are also noticeable in certain views only. The proposed extensions to the existing sand and gravel will invariably have adverse effects on local landscape character, although these effects would be temporary in duration. A range of landscape and visual mitigation measures seeks to minimise any adverse effects and these should be secured by condition.

32 The proposed restoration concept seeks to provide a holistic approach to the restoration of the proposed extraction areas, and the un-restored elements of the current site. The proposals envisage enhancement to the approved restoration scheme to provide further recreational and biodiversity benefits. Central to the overall concept is the reinstatement of high quality agricultural land, an improvement in the bio-diversity of this area of the Fairlop complex. A variety of new habitats will be created including grasslands, wildflower meadows, woodland, open water bodies and wetlands. Full details and implementation of the restoration scheme should be secured by conditions and legal agreement. Further discussion is required with the Council and applicant to agree control measures, such as payment of a bond, to ensure that the restoration scheme is fully implemented in the event of the applicant going out of business.

33 The scheme seeks to have a positive impact on the users of the public rights of way network in the vicinity of the site, creating new routes across the site with permissible rights which will in turn provide recreational benefits. These should be secured by condition or legal agreement.

34 Whilst the operational phase will result in some adverse effects upon the landscape character of this area of the Green Belt, these effects will be temporary in duration and the restoration scheme would result in long-term benefits to both its quality and accessibility. As such the proposals comply with London Plan Policy 7.16. Land for food

35 London Plan Policy 7.22 Land for food seeks to encourage and support thriving farming and land-based sector in London, particularly in the Green Belt. An appraisal undertaken in support of the application assessed the agricultural value of the land within the proposed extension areas as being a mixture of high and lower quality agricultural land. Most of the land was in arable use when surveys were undertaken. The restoration scheme seeks to reinstate high quality agricultural land and to that end all of the higher quality soil resources will be managed and restored, and improvements will be sought to the lesser quality soil wherever possible. However, it is not clear from the submitted information whether the proposals will result in a net loss or gain to the amount of agricultural land. The applicant should confirm the amount of any net gain or loss of agricultural land following the restoration scheme to enable the Mayor to assess compliance with London Plan policy 7.22.

page 6 Waste

36 London Plan policy 5.18 ‘Construction, excavation and demolition waste’ encourages the use of mineral extraction sites for CE&D waste recycling. The proposed restoration scheme includes the importation of circa 750,000 m3 of inert restoration materials, typically comprising soils and clays from local excavation and construction projects. The proposals will assist in the beneficial re- use of CE&D waste, which is supported in line with London Plan policy 5.18. Heritage impact

37 London Plan Policy 7.8 Heritage Assets and Archaeology states that development should identify, value, conserve, restore, re-use and incorporate heritage assets where appropriate. The Planning (Listed Buildings and Conservation Areas) Act 1990 sets out the tests for dealing with heritage assets in planning decisions. In relation to listed buildings, all planning decisions should “have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

38 With regards to archaeology, whilst the site is located within an area of archaeological sensitivity, the reports and investigations undertaken in support of the application suggest that there are limited remains that would justify preservation in situ. A condition should secure appropriate investigation and recording.

39 There are two Statutory Listed Buildings and one Locally Listed Building within 20m of the proposed extension areas boundary, the non-immediate settings of which might be temporarily changed by the proposed development. All of these would be separated from the extraction activities by intervening soil storage bunds (which would themselves be a temporary change to the settings of the Listed Buildings) and the offsetting of the extraction boundary. Whilst the development would have some temporary adverse effects on the setting of these Listed Buildings, the effects would be minimal and of a temporary duration, so as not to constitute harm. Subject to conditions to secure the implementation of mitigation measures to ensure the structural stability of these assets, the proposals comply with London Plan Policy 7.8. Biodiversity

40 London Plan Policy 7.19 Biodiversity and access to nature states that developments proposals should “give sites of borough and local importance for nature conservation the level of protection commensurate with their importance.” There are three SINC’s in close proximity to the site. The Fairlop Plain is a site of Borough importance, this designation extends into the site. The two other SINC’s in proximity to the application site are the Central Line Railside approximately 100 m to the east and the Hargreaves Scout Camp, Seven Kings Water and Goodmays Hospital Site of Borough Importance which are approximately 800m to the east.

41 Ecological surveys of the proposed extension sites have been undertaken. These have shown that the habitats are generally of low conservation importance but the site does support declining breeding farmland birds, which are of local value and the occasional grass snake, which is also of local value. A moderate population of great crested newts have been recorded breeding in a pond P1 immediately to the south of Phase E, with a smaller separate population located to the north, using ponds either side of the proposed access road. There is also a small population of common lizard and grass snake also using the haul route area (again all of local importance). There is no evidence of either water vole or badger using the site (either Phase E or Phase F).

page 7 42 Given the proposed restoration and mitigation, it is considered that the site can be worked without any significant residual effect on the local ecological resources and the proposed restoration should bring about positive enhancements. Enhancements are also proposed to the restoration of the plant site area, parts of Phase D and Phase A which will also have beneficial effects on the wider Fairlop Plain SINC. The proposals are therefore supported in accordance with London Plan policy 7.19. Air quality

43 London Plan policy 7.14 ‘Improving air quality’ recognises the importance of tackling air pollution including the control of dust and emissions. An air quality assessment has been submitted in support of the application. In summary, with the maintained application of standard good practices, the risk of adverse effects outside the site due to dust can be minimised to an acceptable level. A suitably worded condition or conditions should secure the application of standard good practices including monitoring, which should reflect the guidance in the Mayors Control of Dust and Emissions SPG. Ambient noise

44 London Plan policy 7.15 ‘Reducing and managing noise…’ states that development proposals should avoid significant noise impacts and mitigate and minimise potential adverse impacts of noise. A noise assessment has been submitted in support of the application. It is concluded that with mitigation measures, including earth mounding, the proposed extension could proceed without generating levels of noise in excess of recommended standards. Comments from the Council Environmental Health Officer should be shared with GLA officers to assess the effectiveness of proposed mitigation measures and ensure compliance with London Plan policy 7.15. Flood risk and surface water drainage

45 London Plan policy 5.12 requires development proposals to comply with flood risk assessment and management requirements set out in the NPPF and associated technical guidance on flood risk.

46 The site includes areas of Flood Zone 2 and 3 and extensive areas of surface water flood risk. In addition as a large site the proposals have the potential to affect drainage across a wider catchment area. Therefore a flood risk assessment is required in order for the Mayor to assess whether the implications of the proposed development are acceptable in terms of policy 5.12.

47 London Plan Policy 5.13 requires development to utilise sustainable urban drainage systems (SUDS) wherever practicable. Given the significant surface water flood risks both within the site and within the local Seven Kings Water catchment area, compliance with London Plan Policy 5:13 is an important consideration for this application. The absence of any flood risk and drainage assessment makes it impossible to assess the likely implications of the proposed development. It should be expected that the proposed development should be capable of providing a degree of surface water attenuation which could reduce risks downstream.

48 It is not possible to assess whether the proposals are acceptable in flood risk and drainage terms in respect of London Plan polices 5.12 and 5.13. A flood risk assessment and drainage assessment should be provided before the Mayor considers the application again.

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Transport for London comments

Trip generation and highway impact

49 The number of HGV movements generated by the proposed development in peak periods is not expected to have an adverse impact on the TLRN. TfL welcome that the hours of operation would be in line with existing permitted hours on weekdays and would have more restricted weekend working hours than currently permitted. TfL also welcomes that no new points of highway access to the site are proposed. However it is important that measures are still taken to minimise any additional movements on to an already congested highway network. It is recognised that the number of vehicle movements to and from the site may increase but there is no indication of current or future vehicular flows. Given these concerns, TfL recommends that a Delivery and Servicing Plan (DSP), containing agreed routes for all vehicles and other appropriate measures to mitigate any impact, including wheel washing, is submitted in outline prior to further consideration by the Mayor.

Parking

50 The development proposes retention of the 10 car parking spaces for the 10 members of staff and the 10 visitor spaces, therefore providing 20 spaces in total. Given the nature and location of the development, and in the absence of any specific standards in the London Plan, this is considered acceptable. However, TfL would expect facilities in place to encourage more sustainable travel and to help employees and visitors benefit from the enhanced walking and cycling paths proposed e.g. provision of cycle parking spaces and secure storage, showers and changing facilities provided to encourage employees to cycle to work. Local planning authority’s position

51 Redbridge Council is still assessing the application and have not set a committee date. Legal considerations

52 Under the arrangements set out in Article 4 of the Town and Country Planning (Mayor of London) Order 2008 the Mayor is required to provide the local planning authority with a statement setting out whether he considers that the application complies with the London Plan, and his reasons for taking that view. Unless notified otherwise by the Mayor, the Council must consult the Mayor again under Article 5 of the Order if it subsequently resolves to make a draft decision on the application, in order that the Mayor may decide whether to allow the draft decision to proceed unchanged, or direct the Council under Article 6 of the Order to refuse the application, or issue a direction under Article 7 of the Order that he is to act as the local planning authority for the purpose of determining the application (the next bit is optional) and any connected application. There is no obligation at this present stage for the Mayor to indicate his intentions regarding a possible direction, and no such decision should be inferred from the Mayor’s statement and comments. Financial considerations

53 There are no financial considerations at this stage.

page 9 Conclusion

54 London Plan policies on minerals extraction; Green Belt; land for food; waste; heritage; biodiversity; air quality; ambient noise; flood risk and surface water drainage; and transport are relevant to this application. The application complies with some of these policies but not with others, for the following reasons:

 Mineral extraction: The contribution that the scheme would make towards the capital’s aggregate requirements is strongly supported in accordance with London Plan policy 5.20.  Green Belt: The short term harm to the Green Belt would be outweighed by the benefits of mineral extraction and the restoration scheme, which would provide long term benefits to its quality and accessibility. The proposals are supported in accordance with London Plan policy 7.16.  Land for food: The restoration scheme would reinstate high quality agricultural land and deliver improvements to lesser quality soil where possible. However, the applicant should confirm the amount of any net gain or loss of agricultural land following the restoration scheme.  Waste: The proposals will assist in the beneficial re-use of CE&D waste, which is supported in line with London Plan policy 5.18.  Heritage impact: The proposals are supported subject to appropriate structural safeguards to designated heritage assets.  Biodiversity: The restoration scheme will deliver biodiversity enhancements and is supported in accordance with London Plan policy 7.19.  Air quality: Subject to conditions securing best standard practices the proposals comply with London Plan policy 7.14.  Ambient noise: Comments from the Council Environmental Health Officer should be shared with GLA officers to assess the effectiveness of proposed mitigation measures and ensure compliance with London Plan policy 7.15.  Flood risk and surface water drainage: A flood risk and drainage assessment should be provided to assess compliance with London Plan policies 5.12 and 5.13.  Transport: The proposals are broadly supported subject to cycle provision and the submission of an outline Delivery and Servicing Plan. 55 Whilst the proposal is supported in strategic planning terms, on balance, the application does not yet comply with the London Plan. However, the resolution of the above issues could lead to the application becoming complaint with the London Plan.

for further information, contact Planning Decisions Unit: Colin Wilson, Senior Manager - Planning Decisions 020 7983 4783 email [email protected] Justin Carr, Strategic Planning Manager (Development Decisions) 020 7983 4895 email [email protected] Russell Smith, Strategic Planner (case officer) 020 7983 4782 email [email protected]

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