EAST AYRSHIRE COUNCIL

PLANNING COMMITTEE: 26 August 2016

16/0458/AMCPP

Discharge of Condition No.2 (Revised Restoration Plan) of Planning Consent No. 02/0525/FL

AT Loudounhill Quarry A71 by East Ayrshire

APPLICATION BY TARMAC

Report by the Head of Planning and Economic Development

Economy and Skills

Click for Application Details: http://eplanning.east- ayrshire.gov.uk/online/applicationDetails.do?activeTab=summary&keyVal=O8EKILGF01B00

EXECUTIVE SUMMARY SHEET

PURPOSE OF REPORT 1. The purpose of this report is to present for determination a discharge of condition application for restoration of the former Loudounhill Quarry by Darvel which is to be considered by the Planning Committee under the Council’s Scheme of Delegation as the application relates to restoration of the quarry site.

RECOMMENDATION 2. It is recommended that the Planning Application be Approved.

CONTRARY DECISION NOTE 3. Should the Committee agree that the application be refused contrary to the recommendation of the Head of Planning and Economic Development the application will not require to be referred to the Council because that would not represent a significant departure from the development plan.

Michael Keane Head of Planning and Economic Development

Note: This document combines key sections of the associated report for quick reference and should not in itself be considered as having been the basis for recommendation preparation or decision making by the Planning Authority.

EAST AYRSHIRE COUNCIL

PLANNING COMMITTEE: 26 August 2016

16/0458/AMCPP

Discharge of Condition No.2 (Revised Restoration Plan) of Planning Consent No. 02/0525/FL

AT Loudounhill Quarry A71 by Darvel East Ayrshire

APPLICATION BY TARMAC

Report by the Head of Planning and Economic Development

Economy and Skills

PURPOSE OF REPORT

1. The purpose of this report is to present for determination a discharge of condition application for restoration of the former Loudounhill Quarry by Darvel which is to be considered by the Planning Committee under the Council’s Scheme of Delegation as the application relates to restoration of the quarry site.

APPLICATION DETAILS

2. Site Description: The site is a former sand and gravel quarry which has been partially restored. The area covered by this submission remains unrestored at present as there was never an agreed restoration scheme for this part of the site which latterly contained the water management lagoons for the quarry.

3. The site lies approximately 4km to the east of Darvel and housed one the extensions to the former Loudounhill Quarry operated by Tarmac. The area lies north of the A71 (and is readily visible from this route) and to the east of Hill and extends to some 49Ha overall and is known locally as Allanton Plains. The site also lies within a designated Historic Battlefield site and was the area where the Battle of Loudoun Hill took place in 1307.

4. Proposed Development: The proposals intend to restore 10 ha within the site to provide areas of peat habitat, restored agricultural land and various ephemeral wetland areas. While it is also proposed to have one larger waterbody on the northern boundary of the site. This larger water body would be approximately 1.2ha in surface area and be 3m at its deepest point, with the edges shaped and contoured to ensure safe access and egress.

CONSULTATIONS AND ISSUES RAISED 5. Environmental Health have not responded at the time of writing.

Noted

6. SEPA have no objections or concerns with the submitted scheme and would confirm that from an operational and ecological point of view if the plan is followed, it should result in an improvement to the current site and in due course has the potential to create an area of diverse habitats.

Noted

7. Historic Environment (HES) indicate no objection as the, restoration will bring area back close to the condition and topography at time of Battle of Loudounhill.

Noted

8. Darvel And District Community Council have not responded at time of writing.

Noted

9. Dalgleish Associates Ltd (DAL) have no objection to the submitted scheme

Noted

10. Scottish Natural Heritage (SNH) were consulted but did not offer comment as the proposal fell outwith their threshold for consultation.

REPRESENTATIONS

11. No representations were received for this proposal.

ASSESSMENT AGAINST DEVELOPMENT PLAN

12. Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997 require that planning applications be determined in accordance with the Development Plan unless material considerations indicate otherwise. The Development Plan consists of the Ayrshire Structure Plan, 2007 (The Structure Plan); and the East Ayrshire Local Plan, 2010 (The Local Plan).

13. Whilst a planning application for this site has previously been assessed and approved against the relevant policies of the Ayrshire Joint Structure Plan (AJSP) and the Local Development Plan it is considered appropriate that the current AMCPP submission is assessed again against the relevant parts of current policy given the passage of time since approval, the development type and the prominent position of the site adjacent to a main arterial route into East Ayrshire.

Ayrshire Joint Structure Plan

14. ENV 14 Locational Criteria for Aggregates

All applications for the winning and working of aggregates shall be considered against the following criteria;

A) Whether the proposals is the extension of an existing consent; B) The availability of alternative supplies, including supplies from recycled or secondary sources; C) The impact on the countryside, landscape character, visual amenity and the natural and built environment; D) The impact caused by noise, dust and the contamination of ground and surface water E) Any adverse effect on communities within Ayrshire; F) The extent of directly related community benefit derived, such as the enhancement and creation of landscapes and habitats, and removal of dereliction; G) Opportunities to maximise transport by rail and sea; H) Other inward investment opportunities in the area; I) Any cumulative impact of proposals in one area; and J) The extraction period K) The suitability of restoration and aftercare proposals

Local Plans shall be prepare detailed policies for the extraction of aggregates and minerals as appropriate.

Whilst the original use of the site for quarrying has already been assessed it is considered that the restoration and aftercare proposals for the site are acceptable and therefore compliant with part (K) of the above policy.

Adopted East Ayrshire Local Plan (EALP) 2010

15. Policy M3.

The Council will not accept outline planning applications for minerals developments and will require all applicants for minerals developments:

(i) to provide full operational details of the proposal as an integral part of any submitted planning application; (ii) to demonstrate the need for the proposed development; (iii) to submit formal Environmental Assessments in association with the application, where these are required in terms of the Environmental Impact Assessment Regulations; (iv) to lodge appropriate Restoration and Aftercare Guarantees to a value agreed by the Planning Authority; (v) to upgrade, maintain and repair at their own expense, roads damage shown to have been caused by vehicles serving their developments; (vi) to strictly observe an appropriate separation distance between the operative site and nearby settlements and dwellings; (vii) to submit regular monitoring reports and annual ‘Mining Progress Plans’ and ‘Environmental Audits’ to the Council in respect of their proposals; (viii) to establish Liaison Committees with local representatives, to act as a forum through which relevant operational and associated issues can be discussed and addressed; and (ix) to service the extraction site, if considered feasible and appropriate, by rail.

The Council will, as considered necessary and appropriate, request an applicant to enter into an agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997 in order to regulate and secure such matters as cannot be adequately regulated by the imposition of planning conditions.

Whilst the original use of the site for quarrying has already been assessed it was done so prior to the adoption of the current plan. Unfortunately there is no financial guarantee in place in relation to restoration and aftercare and it is inappropriate and indeed ultra vires to attempt to add one to the site at this discharge of condition stage. It is not therefore possible for compliance with part (iv) of the above policy however this will not prevent any future enforcement action on the site for failure to comply with any approved restoration scheme.

16. Policy M4

Where an application for new mineral working, including the extension of mineral working at existing sites, is considered acceptable in terms of Strategic Policy M1 above, the Council will nevertheless ensure that the development:

(i) has minimum adverse impact on the amenity of nearby residents and the residents of properties located along agreed haulage routes to and from the site; (ii) has minimum adverse impact on the natural and built heritage, including wildlife and other sites of nature conservation interest, historic gardens and designed landscapes, the visual amenity and the landscape character of the area; (iii) is operated to the highest possible standards; (iv) achieves the highest possible standards of restoration and after-use for the development site; (v) does not result in unacceptable cumulative impact caused by the development, either concurrently or successively, in association with other similar developments in the vicinity of the site; (vi) generates direct community and environmental benefits to the area, such as the enhancement and creation of landscapes and habitats and removal of dereliction; (vii) employs acceptable and efficient methods for the transportation of material, keeping volumes of traffic generated to a minimum and directing all site generated traffic along agreed haulage routes; and (viii) has minimum adverse impact on existing alternative economic initiatives and employment in the vicinity of the site e.g. tourism facilities etc Developments that do not meet these criteria will not receive Council support.

The original consent for this area was granted prior to the designation of the site as a Historic Battlefield which took place on 14 December 2012. It is considered that the submitted scheme is of a high quality which will not only restore the site topography to a condition close that of the Battle of Loudounhill it will also provide useable farmland and a site capable of providing a wide range of biodiversity in terms of flora and fauna.

ASSESSMENT AGAINST MATERIAL CONSIDERATIONS

17. The principle material considerations relevant to the determination of this application. Reports to Council 24th of May 2013 and 19th September 2013 and to the Planning Committee 29th November 2013 and 12th December 2013, Planning Authorities Compliance Assessors Report, the impact on the amenity of the area, Planning History, PAN 50, Draft Local Development Plan, Scotland’s Inventory of Historic Battlefields 2016 and the comments of the consultees.

PAN 50 and Annexes

18. Minerals specific national guidance pertinent to the application is contained in Planning Advice Note 50: Controlling the Environmental Effects of Surface Mineral Workings, (PAN 50), together with its Annex A, Annex B and Annex C which deal with Noise, Dust and Traffic respectively. PAN50 and its annexes also set out a range of good practice and mitigation measures that reduce the environmental impact of mineral developments. It is considered that these proposals adhere to the good practice set out in this document.

Reports to Council 24th of May 2013 and 19th September 2013 and to the Planning Committee 29th November 2013 and 12th December 2013.

19. The Steps to Recovery Report sets out the underlying principles which the Council will take in relation to action required on sites and complexes of this nature, including the need for appropriate compliance monitoring.

However, as indicated previously in the report, this development site is not covered by a restoration guarantee nor the requirement for compliance monitoring and as this proposal is to discharge a condition of the original consent, rather than a new planning application, there is no locus for the Planning Authority to request a restoration guarantee. However the Planning Authority’s Compliance Assessor has assessed the proposal and has raised no significant concerns from an engineering perspective for the proposals and consider that the scheme will have an environmental benefit. Planning History

20. 01/0781/FL – Proposed amendment to condition 3 of planning consent 99/0581/FL – extend time period of consent and site restoration – Approved subject to conditions 01/02/2002.

01/0782/FL – Proposed amendment to conditions 2 and 3 of planning consent KL/E/FL/94/288A – Extend time period of consent and site restoration – Approved subject to conditions 01/02/2002.

02/0525/FL - Proposed amendment to conditions 2 and 3 of planning consent KL/E/FL/94/288A – Extend time period of consent and site restoration – Approved on appeal 05/05/2005

04/0681/FL – Proposed amendment to condition 1 of planning permission 01/0782/FL to allow continuation of operations – Approved subject to conditions 29/10/2004

Consultation Responses

21. As detailed above all consultees who have responded agree that the proposed scheme is of a high quality and will improve the site both in visual appearance and also ecologically. None of the consultees have objected to the proposal and there are no requirements arising from the consultations.

Impact on the Amenity of the Area

22. It is considered that the proposals are an appropriate restoration scheme and will have a significantly beneficial impact on the amenity of the area.

Scotland’s Inventory of Historic Battlefields 2016

23. This document provides guidance to landowners and Planning Authorities about development within land identified on Scotland’s Battlefield Inventory. These proposals are being carried out in accordance with said guidance.

Draft Local Development Plan

24. For clarity, whilst development proposals will continue to be assessed against the Adopted East Ayrshire Local Plan, the Council at its meeting on 23 September 2015 has now given authority for an appropriate and proportionate degree of weight to be given to the East Ayrshire Local Development Plan 2015 in the determination of planning applications. This is noting that from 27 October 2015, the Adopted East Ayrshire Local Plan (2010) will be 5 years old and less weight can be given to this plan and also noting that Scottish Planning Policy’s presumption in favour of sustainable development becomes a material consideration in the assessment of development proposals.

25. However the Draft Local Development Plan does not relate to minerals developments, as these are being addressed under a separate Minerals Local Development Plan, therefore it has no bearing on the determination of this application from a restoration perspective. However given the site is part of the designated Historic Battlefield of Loudoun Hill it is considered appropriate to review the scheme against the Draft Local Development Plan Policy on Historic Battlefields.

Policy ENV5 Historic Battlefields

Historic Battlefields included in the National Inventory are protected, conserved and managed, so as to conserve their important features and enable greater understanding of their historic importance and role. 26. Development will not be supported where it will significantly impact upon the key landscape characteristics and important features that underpin understanding and appreciation of the battlefield.

27. Where development on a Battlefield is deemed appropriate, any adverse impacts should be avoided or mitigated, through location and design details. Where possible, opportunities for positive enhancements should be identified, which will help improve interpretation and understanding of the Battlefield.

It is considered, and indeed Historic Environment Scotland have advised that they consider, that the proposals will have a positive effect on the area and will return the site close to its condition during the Battle of Loudounhill in terms of its topography and land use/form.

FINANCIAL AND LEGAL IMPLICATIONS

28. Should the Planning Committee refuse permission then it could result in an appeal by the applicant to the Scottish Government Department for Planning and Environmental Appeals (DPEA). The Council would require to participate in whatever procedure is considered appropriate by the DPEA in order to put forward its case. This could be via further written representation, hearing or inquiry sessions or a combination of these methods. This therefore may also lead to further costs being incurred to the extent it may be necessary to either engage expert external advice, support or representation and/or to engage professional expert witnesses to give evidence on the Council’s behalf as necessary. Furthermore, if the Council is considered to have acted unreasonably in refusing the proposed development, a claim for an award of expenses could be made by the applicant.

COMMUNITY PLAN

29. The assessment of the proposal has regard to the main themes of the Community Plan with regard to the environment and economy.

CONCLUSIONS

30. Section 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997 requires that planning applications be determined in accordance with the Development Plan unless material considerations indicate otherwise. It is considered that the proposal is generally compliant with the Policies of the Development Plan. There are material considerations relating to this proposal, however these are considered to be generally supportive of the proposals therefore the proposal should be approved subject to conditions and legal agreement being applied to any consent.

RECOMMENDATION

31. It is recommended that the discharge of Condition be Approved.

CONTRARY DECISION NOTE

32. Should the Committee agree that the application be refused contrary to the recommendation of the Head of Planning and Economic Development the application will not require to be referred to the Council because that would not represent a significant departure from the development plan.

Michael Keane Head of Planning and Economic Development

FVMK

17 August 2016

LIST OF BACKGROUND PAPERS

 Consultation responses  Statutory Notices and Certificates.  NPF2  East Ayrshire Local Plan (2010).  Ayrshire Joint Structure Plan  East Ayrshire Proposed Local Development Plan Anyone wishing to inspect the above background papers should contact Tom Dickie on 01563 576655 Implementation Officer: David McDowall, Operations Manager: Building Standards and Development Management

TP24

East Ayrshire Council

TOWN & COUNTRY PLANNING (SCOTLAND) ACT 1997

Application No: 16/0458/AMCPP

Location Loudounhill Quarry A71 From U6 Newlands To U4 Ladybrow South Lanarkshire Boundary East Ayrshire

Nature of Proposal: Discharge of Condition No.2 (Revised Restoration Plan) of Planning Consent No. 02/0525/FL

Name and Address of Applicant: Tarmac Cambusnethan House Linnet Way Bellshill North Lanarkshire ML4 3NJ

Name and Address of Agent

Officer’s Ref: Tom Dickie

01563 576655

The above Application of Matters Specified in Cond (PP) application should be Approved: Reason for decision

The scheme as submitted is an acceptable restoration of the former quarry site and will remove an area of unrestored land from a highly visible site on one of the primary routes into East Ayrshire. The site also lies within the Historic Battlefield area of the Battle of Loudounhill and the restoration proposed will return the site to its condition and topography from that time.