Buckinghamshire County Council Visit www.buckscc.gov.uk/democracy for councillor information and email alerts for local meetings Development Control Committee Title: APPLICATION TO VARY CONDITION 1 OF PLANNING CONSENT 08/07527/CONCC FOR PROPOSED RETENTION OF THE PLANT SITE (INCLUDING READY MIX PLANT) AND ACCESS FROM THE A4155 FOR A TEMPORARY PERIOD OF THREE YEARS UNTIL 30 SEPTEMBER 2015 AT SPADE OAK QUARRY, MARLOW ROAD, LITTLE MARLOW, BUCKINGHAMSHIRE. SL7 3SB APPLICANT: LAFARGE AGGREGATES LTD APPLICATION NUMBERS: CC12/9004/CM BUCKSth STREET ATLAS PAGE : 184 B3, B4, C4, D3, D4, Date: 27 November 2012 Author: Rebecca Williams 01296 387020 Electoral divisions affected: Thames Local Members: David Watson and Michael Appleyard Recommendation: A. The Development Control Committee is invited to REFUSE application number CC12/9004/CM for the variation of condition 1 of consent of planning consent 08/07527/CONCC for proposed retention of the plant site (including ready mix plant) and access from the A4155 for a temporary period of three years until 30 September 2015 at Spade Oak Quarry for the following reasons: i. The application is contrary to policy 27 of the Buckinghamshire Minerals and Waste Local Plan 2004 - 2016, policy CS20 of the Buckinghamshire Minerals and Waste Core Strategy, policy GB2 of the Wycombe District Local Plan to 2011, policy CS9 of the Wycombe Development Framework Adopted Core Strategy 2008 and paragraph 88 of the National Planning Policy Framework. The applicant has not demonstrated that the potential harm to the Green Belt by reason of inappropriateness is clearly outweighed by other considerations. Very special circumstances do not therefore exist to justify making an exception to these policies. ii. The application would lead to a delay in the final restoration of the quarry and would also be detrimental to the potential development of the land as part of the country park. It is therefore contrary to the provisions of policies 31 of the Buckinghamshire Minerals and Waste Local Plan 2004 - 2016, paragraph 144 of the National Planning Policy Framework, policy RT19 of the Wycombe District Local Plan to 2011 and the Little Marlow Gravel Pits Supplementary Guidance March 2002, and policy CS5 of the Wycombe Development Framework Adopted Core Strategy 2008. iii. The development would result in the continued operation of mineral processing plant and associated vehicle movements for a period of three years. This would result in an adverse impact on amenity particularly to users of the public rights of way and permissive paths passing close to the site in what would otherwise be a quiet environment . contrary to the provisions of policy 28 of the Buckinghamshire Minerals and Waste Local Plan 2004 – 2016 and policy G8 of the Wycombe District Local Plan to 2011. iv. To permit the retention of mineral processing plant to be used solely for the processing of mineral imported from elsewhere when the indigenous mineral reserves have been exhausted would set a precedent for the retention of processing plant at other former quarries in the county and consequent unnecessary delays to final restoration and impacts on amenity contrary to the provisions of policies 28 and 31 of the Buckinghamshire Minerals and Waste Local Plan 2004 – 2016 and paragraph 144 of the National Planning Policy Framework. B. That the Planning Manager be authorised to take enforcement action to secure the cessation of the current unauthorised mineral processing operation at Spade Oak Quarry, including the removal of any mineral stockpiles and ancillary development and restoration of land to that approved in planning permission 08/07527/CONCC (conditions 46 and 47). Resources Appraisal: Should the applicant choose to appeal the refusal of planning permission, resources such as officer time and use of legal advice would be necessary. SUPPORTING INFORMATION 1. The application is submitted byth David L Walker Limited on behalf of Lafarge Aggregatesth Limited. It was received on 10 August 2012 and sent out for consultation on 16 August 2012. The applications were advertised by neighbour notification, newspaper advertisement and siteth notice. The thirteen week target for the determination of the application expired on 9 November 2012. Site Description 2. The site is located south of the A4155 Marlow Road, west of Little Marlow village. 3. Public Footpath no. 20 Little Marlow bisects the mineral extraction area. There are also permissive paths to the north of and around the existing lake. The nearest residential properties to the extracted and restored area are off Winchbottom Lane to the north of the A4155 at a distance of approximately 40 metres from the consented area but the nearest residential properties to the processing plant area are on “The Moor” at Little Marlow at a distance of approximately 250 metres. 4. The site lies in the Green Belt. It also partly lies within the Environment Agency's Flood Zones 2 and 3 as part of the floodplain to the River Thames. Site History 5. The most recent planning permission affecting the site is consent 08/07527/CONCC which extendedth the period of time for the completion of working and restoration of the quarry to 30 September 2012. A number of previous permissions have been received which have been superseded or expired, as there has been a long history of mineral working at Spade Oak Quarry. 6. The County Planning Authority confirmedrd in writing pursuant to condition no. 3 of planning permission no. 08/07527/CONCC on 23 February 2012 that a mobile plant could replace the fixedth plant at Spade Oak Quarry for the remainder of the consented life of the quarry i.e. 30 September 2012. Proposal 7. The application proposes to retain the plant site for an additional three years, including the weighbridge, site office and ready mix plant. The existing access from the A4155 would also beth utilised. The application states that the rest of the quarry would be fully restored by 30 Septemberth 2012 (including phase 10), while the processing area would be restored by 30 September 2015 after plant operations have ceased. The layout of the site proposals are shown in figure 1 below: Figure 1: Spade Oak Quarry site plan 8. No further mineral extraction is proposed at Spade Oak. All mineral would be imported, predominantly from Harleyford Marina at a rate of 50,000tpa (it is noted that Harleyford Marina already has the benefit of planning permission 08/06866/CONCC). Of this, 25,000tpa is likely to be utilised within the manufacture of ready mixed concrete at the existing ready mixed concrete plant. Further importation of processed sand may be necessary to blend with the mineral from Harleyford Marina, which the applicant predicts to equate to one or two truck loads a day. 9. The applicant proposes the following tonnages and vehicle movements (daily average) : Inward: Aggregate import : 50,000 tpa (tonnes per annum) equating to an average 24 vehicle movements (12 in, 12 out) per day; Cement import : 3,000 tpa equating to an average 6 vehicle movements (3 in, 3 out) per week. Outward: 3 Concrete : 12,000m per annum equating to an average 20 vehicle movements (10 in, 10 out) per day; Processed Aggregate : 25,000 tpa equating to an average 12 vehicle movements (6 in, 6 out) per day. 10. Mineral is stockpiled at Spade Oak (as dug from Harleyford Marina) within the off-loading area. Once sufficient material is stockpiled, the material is subject to washing and screening to process the material into graded aggregate suitable for the ready mixed concrete plant. 11. This application does not propose to alter the existing processing area layout or approved restoration scheme. 12. In support of the application it is stated that it is not considered that the retention of the processing plant would contravene the purposes of protecting the Green Belt as it is a temporary use in nature and the site will be subsequently restored as required by the current planning permission. There is no demonstrable harm arising from the continued use of the plant and any visual impact is limited by existing screening to the immediate land with the only receptors being users of the existing permissive footpath. The continued use of the processing plant would ensure that the mineral extracted from Harleyford Marina would be used to its best value; processing of the mineral at Spade Oak Quarry and its subsequent utilisation in the ready mixed concrete plant is the best option sustainably. The mobile plant now in place is also considerably smaller than the previous fixed plant and so less intrusive. There would also be a net decrease in vehicle movements compared to when the quarry was fully operational. Spade Oak Quarry represents the most sustainable location for the processing of the mineral from Harleyford Marina and this consideration should outweigh any temporary impacts which are in any instance considered to be minimal. In this context, the proposal should be viewed as very special circumstances which respect the open character of the Green Belt and the visual amenity of the surrounding area. 13. With regard to alternative sites for the processing of the mineral from Harleyford Marina, the applicant contends that Spade Oak Quarry is the closest (6.4 Km distance) and most directly accessible existing site which is able to provide the requisite processing facilities. The alternative would be to take the mineral to other sites either within Buckinghamshire or beyond, which would involve transporting the mineral greater distances, the next nearest processing plant being at Summerleaze pit at Maidenhead (7.7 Km distance). There is also no requirement for the mineral to travel on any minor roads if it is taken to Spade Oak Quarry with access being direct via the A4155.