7 Agenda Item 7 DEVELOPMENT CONTROL AND REGULATORY BOARD 15TH SEPTEMBER 2016 REPORT OF THE CHIEF EXECUTIVE COUNTY MATTER PART A – SUMMARY REPORT APP. NO. & DATE: 2016/0916/07 – 6th July 2016 PROPOSAL: S73 planning application to vary condition 8 of planning permission no. 2013/0983/07 in order to defer the restoration of Measham Fields Farmhouse. LOCATION: Land to the south of Swepstone Road forming part of the Minorca Surface Mine, between the villages of Measham and Swepstone (North West Leicestershire District). APPLICANT: UKCSMR Ltd. MAIN ISSUES: Landscape and visual amenity. RECOMMENDATION: PERMIT subject to 8 conditions as set out in the appendix to the main report. Circulation Under Local Issues Alert Procedures Mr. S. D. Sheahan, CC and Miss H. Worman, CC Officer to Contact Mr. J. Wright (Tel. 0116 305 7041) E-Mail: [email protected] 8 2016/0916/07 – continued PART B – MAIN REPORT Background 1. UK Coal Ltd submitted a planning application in July 2009 (2009/0720/07) for the extraction of coal and fireclay and subsequent restoration to agriculture, woodland and nature conservation on land to the east of Gallows Lane and between Swepstone Road and Bosworth Road, between the villages of Measham and Swepstone. In June 2011, the Development Control and Regulatory Board resolved to grant permission subject to conditions and a S106 legal agreement (the 2011 permission). The site is known as the Minorca Surface Mine and preparatory works commenced in June 2012, with the first coal being extracted four months later in October of 2012. 2. Condition 9 of the 2011 permission requires the whole of the site to be restored no later than 6th June 2017 – five years from the start of the preparatory works. 3. The 2011 permission area extends to 130 hectares, but did not include the farmhouse and outbuildings at Measham Fields Farm, with the limit to extraction forming a ‘u’ shape around this property. Subsequent to the 2011 permission being issued, the operator acquired the rights to demolish the buildings and work the underlying mineral and an application for this relatively minor extension to the existing site was submitted in 2013 (2013/0983/07). The description of the proposed development was as follows: Application for an extension of the existing Minorca Surface Mine site (at Measham Fields Farm) for the extraction of coal and fireclay by surface mining means with restoration to agricultural dwelling, agriculture and nature conservation - Land to the south of Swepstone Road and north of the existing Minorca Surface mine 4. At the same time a S73 planning application was submitted to vary conditions of the 2011 permission to ensure that the two sites could be worked as one large site. These applications were approved in October 2014 and works began on the extension site soon after, including the temporary stopping up of the access to the farm from Swepstone Road. 5. Condition 8 of permission no. 2013/0983/07 requires that the whole site (including the restoration of the agricultural dwelling (Measham Fields Farmhouse)) be restored by the same deadline as originally imposed by the 2011 i.e. 6th June 2017. 6. All the coal and clay has been extracted and removed from the extended Minorca site and restoration works are well underway. It is considered that the wider site will be largely restored by the end of 2016. Location of Proposed Development and Description of site 7. The application site comprises 1.84 hectares in the north of the Minorca surface mine. The site was accessed off Swepstone Road, at a point about 600 metres to the south east of the junction between Swepstone Road and Gallows Lane. While the bell mouth access remains, a soil bund has been erected along the 9 2016/0916/07 – continued 10 2016/0916/07 – continued frontage with Swepstone Road, forming the northern boundary of the site. The rest of the Minorca Surface Mine site abuts the site on all other sides. The centre of Measham is about 1.5 km to the west of the site. No public rights of way are affected by the proposed extension. 8. The extension site included the Measham Fields Farmhouse and numerous barns and outbuildings. Other residential properties close to the application area include the following: . Crossroads Cottage – about 500 metres to the north west; . The Bungalow – about 545 metres to the west; . Four properties at Bosworth Grange - > 700 metres to the south; . Measham Hall – about 500 metres to the north west; . Stanhope House – about 360 metres to the west. 9. The Gilwiskaw Brook flows north to south through the middle of the Minorca site and into the River Mease, about 1.6km to the south west of the application site. The Gilwiskaw Brook is designated as a SSSI and forms part of the River Mease Special Area of Conservation. The watercourse is therefore considered to be of international importance for nature conservation. Description of Proposed Development 10. This application is seeking permission to defer the restoration of the agricultural dwelling (Measham Fields Farmhouse) by five years from 6th June 2017 until 6th June 2022. This date theoretically coincides with the latest end date of the five-year period of aftercare on those parts of the wider Minorca site being returned to agricultural use – which includes the current application area. 11. The land on which the agricultural dwelling is to be rebuilt has recently been backfilled and had restoration soils placed on it. The applicant considers that the proposed five year deferment will allow the land to settle sufficiently to support the erection of the replacement agricultural dwelling at this point. 12. The applicant has not applied to defer any other elements of the restoration works across the Minorca site and as stated above, the wider site is likely to be completely restored by the end of 2016. Planning Policy National Policy 13. The National Planning Policy Framework (NPPF) provides the government’s policies for the delivery of sustainable development through the planning system. At paragraph 14 it advocates a presumption in favour of sustainable development, and for decision-taking this means (unless material considerations indicate otherwise): • approving development proposals that accord with the development plan without delay; and, • where the development plan is absent, silent or relevant polices are out-of date, granting permission unless: 11 2016/0916/07 – continued - any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against NPPF policies; or - specific polices in the NPPF indicate development should be restricted. 14. Paragraph 17 of the NPPF includes core planning principles to underpin both plan- making and decision-taking. The principles aim to ensure that planning should inter alia: be plan-led; support sustainable economic development; and conserve and enhance the natural environment. The Development Plan 15. The relevant Development Plan Documents are the Leicestershire Minerals Core Strategy and Development Control Policies (Oct 2009) and saved policies of the North West Leicestershire Local Plan (2002) and the Leicestershire Minerals Local Plan 1995. Particularly relevant policies in the Development Plan are summarised below. Leicestershire Minerals Core Strategy and Development Control Policies 16. Policy MCS 11 seeks to protect and enhance the natural and built environment and states: ‘The strategy for environmental protection is to protect and enhance the natural and built environment of Leicestershire by ensuring that • there are no unacceptable adverse impacts from minerals development on: (i) natural resources including water, air and soil; (ii) the character and quality of the landscape; (iii) biodiversity, including nationally and internationally important sites and the key habitats and species identified in relevant Biodiversity Action Plans; (iv) sites of geological interest; (v) historic and cultural features of acknowledged importance; (vi) the distinctive character and setting of settlements within Leicestershire; and (vii) residential amenity; • the highest standards of operational practice for the management, working, restoration and aftercare of sites are adopted; • development is designed to a high standard, incorporates sustainable construction principles and includes appropriate landscaping.‘ 17. Policy MCS 14 states ‘the strategy for minerals development within the National Forest outside of the Charnwood Forest area is to reflect the National Forest Strategy by making provision for the planting of woodlands, habitat creation, the creation of new leisure and tourism facilities and/or for public access.’ 18. Policy MCS 17 states that ‘the strategy for the reclamation and future use of mineral sites is to ensure that: land is reclaimed at the earliest opportunity and that high quality restoration and aftercare takes place to an appropriate after-use that enhances and complements the natural and historic environment and that is in keeping with the local area, including its landscape character and with due regard to the setting of historic assets, adding to local distinctiveness and biodiversity 12 2016/0916/07 – continued having regard to the County’s Biodiversity Action Plan, Landscape and Woodland Strategy, and the National Forest Strategy; industry uses best practice at the time which seeks to minimise future public safety hazards and ground stability problems which can arise from the legacy of mineral workings. The following after-uses will be sought in appropriate cases: (i) woodland planting, particularly in the National Forest; (ii) creation of new wildlife habitats; (iii) water-based recreational schemes; (iv) public access and improvements to the public rights of way network including links to surrounding green infrastructure.’ 19. Policy MDC18: Planning Conditions lists the matters that will be controlled through the use of planning conditions attached to a planning permission for minerals development. 20. Policy MDC20: Reclamation and Aftercare states that planning permission for minerals development will not be granted unless satisfactory provision has been made for the reclamation and after-use of the site and where necessary its long term management.