DEVELOPMENT CONTROL AND REGULATION COMMITTEE 2 October 2020 A report by the Executive Director - Economy and Infrastructure _____________________________________________________________________ Application Reference No:4/17/9007 Proposal: The development of: - a new underground metallurgical coal mine and associated development including: the refurbishment of two existing drifts leading to two new underground drifts; coal storage and processing buildings; office and change building; access road; ventilation, power and water infrastructure; security fencing; lighting; outfall to sea; surface water management system and landscaping at the former Marchon site (High Road) Whitehaven; - a new coal loading facility and railway sidings linked to the Cumbrian Coast Railway Line with adjoining office / welfare facilities; extension of railway underpass; security fencing; lighting; landscaping; construction of a temporary development compound, and associated permanent access on land off Mirehouse Road, Pow Beck Valley, south of Whitehaven; - a new underground coal conveyor to connect the coal processing buildings with the coal loading facility Former Marchon Site and Pow Beck Valley, Whitehaven, Cumbria – 31/05/2017 _____________________________________________________________________ 1.0 RECOMMENDATION Having first taken into consideration the environmental information as defined in the Town & Country Planning (Environmental Impact Assessment) Regulations 2011 submitted in connection with the application and the Habitats Regulations Assessment which concludes that there is no adverse effect from the project on the integrity of any European site, alone or in combination with any other plan or project and having taken into account all other material considerations that Planning permission be GRANTED subject to: i. the conditions set out in Appendix 1 to this report; ii. the applicant (West Cumbria Mining) and other relevant interest holders first entering into a Section 106 legal agreement with the County Council to cover: HGV Routeing; Public Rights of Way Contribution; Highways Contribution; Travel Plan Monitoring Fee; Council S106 Administration Costs; Extension to the Aftercare Period; Heritage Asset Enhancements; Pedestrian and Cycle Path obligation securing part of the pedestrian route and contribution; Restoration of Main Band Colliery Restoration Bond / Securities; Drain Surveys & Maintenance; Residential Land Restriction (Lake View and Stanley House properties); and GHG obligation 2.0 THE PROPOSAL 2.1 The applicant, West Cumbria Mining (WCM) is a company that has been specifically created with the objective of developing the metallurgical coal resources in West Cumbria. The company has 3 licences granted by the Coal Authority, including 2 large offshore licence areas and a smaller onshore licence area. 2.2 Cumbria County Council previously resolved to grant planning permission for a large underground metallurgical coal mine on 19 March and 31 October 2019. Metallurgical coal is also commonly known as ‘coking coal’ and is used in the process for the manufacture of steel. The initial phases would mine relatively small amounts of coking coal from under the land at Whitehaven, however the minerals will be predominantly mined from under the sea and then brought to the surface for processing indoors, within a new facility located on the former Marchon site in Whitehaven. Processed coal would then be transferred by underground conveyor to trains using a new loading facility and sidings in the Pow Beck Valley. 2.3 Whilst the principal mineral development proposed is for the extraction of coal under the sea bed off-shore and will require a licence from the Marine Management Organisation, the onshore elements of the proposal and the extraction of coal from underneath the land (taken as the point above the mean low water mark) require planning permission. 2.4 The main mine head and surface processing facilities would be located on the southernmost 52 hectares of the former Marchon chemical works (the “main site”). At its peak, the chemical works was a major producer of sulphuric acid and other chemical detergent ingredients and employed around 2,500 people. The site closed in 2005 and was cleared over the following year. However, some historic contamination associated with the former uses is known to remain. 2.5 Access to the mine itself is proposed along the existing drifts built for access to the former anhydrite mine. The existing drifts are proposed to be extended in cross section to facilitate access. Further access would then be formed in the geology above the old drifts to pass above the old mine workings before accessing the coal seams. 2.6 There are two restored landfill sites adjacent to the main site, which retain some associated infrastructure in association with their post closure management. An underground conveyor link is proposed to transfer processed coal to a Rail Loading Facility (the “RLF”) in the Pow Beck Valley. The route is mainly pasture land used for grazing. 2.7 The proposed rail loading facility and sidings would be constructed on a greenfield site adjacent to the existing railway in the Pow Beck Valley. However, the proposed access to the RLF would be through the access to the former Main Band Colliery. 2.8 This application seeks to amend the original application in respect of the products proposed to be produced by the mine. Originally it was proposed to produce a high grade coking coal for steel manufacture, and a secondary residual “middlings” coal product (no more than 15%) that could be put to non- energy generating uses. The amended application proposes to amend the production process so that only a single coking coal product is produced. 2.9 This planning application has been subject to a Planning Performance Agreement (PPA). A PPA is a voluntary agreement between an applicant and planning authority to work on major projects in a collaborative, structured manner and to an agreed timetable. Importantly, PPAs are made without prejudice to the outcome of the determination of the application and enable the planning authority to recover some of its costs. In this instance, the PPA has extended from discussions at the pre-application stage. 2.10 The Committee Report on the original application 19 March 2019 is contained in appendix 2, together with the Update Report dated 19 March 2019, the Addendum Report dated 31 October 2019 and the Update Report 31 October 2019. This report does not revisit in full all of the issues considered in the original application, but instead highlights where these have changed as a result of these proposed amendments to the process. In preparing my report, I did review again the issues as set out in the original report and addendum and update reports, and this report should be read in the context of the previous reports as attached (more detail on the application history is set out later in this report). 2.11 I have also summarised the various representations received through the latest consultation period. Representations in respect of the original application in respect of the wider impacts which are unchanged would still stand, but as these are set out and summarised in the original report I have not sought to repeat them here. Furthermore similar points have been raised in respect of some new issues by a number of different consultees. Where this has been the case, I have not sought to identify every organisation or individual who raised the point, but have instead attributed it to one of the bodies who raised it. Where comments are attributed to organisations in the representations sections of this report the phrase “(and others)” is implied throughout, unless otherwise made clear. 3.0 SITE DESCRIPTION Main Mine Site 3.1 The Main Mine Site is an area of brownfield land extending to approximately 23 hectares and designated for employment use in the Copeland Local Plan (CLP). Much of the site is covered with concrete hardstanding which is in poor condition and colonised with scrub vegetation and some vegetated soil bunds. The site is surrounded by metal security fencing associated with the previous use. 3.2 There is a raised area to the west of the site, on top of which is a footpath that runs along the side of the site and then descends towards the restored Hutbank landfill site. The northern part of the Marchon site where housing is potentially being proposed is currently in a similar condition to the main site. However, beyond the site boundary to the north are several coastal paths, including the Cumbria Coastal Way and an area of grassland clifftop habitat. 3.3 The sea to the north is designated Solway Firth potential Special Protection Area (pSPA), which extends the existing Upper Solway Firth and Marshes SPA. The cliff habitats are designated as St Bees Head SSSI. The coast is also designated as a Marine Conservation Zone (MCZ) and the area of St Bees is designated as St Bees Head Heritage Coast. 3.4 Housing has been built to the east of the Main Mine Site, which is separated from the Marchon site by High Road. There are also a number of residential properties on the periphery of the Main Mine Site and within the boundary of the underground mine element of the proposal projected to the surface. The most notable of these include properties within the villages of Sandwith, Rottington and at Tarnflat Hall, Cabbage Hall and the northernmost part of St Bees. Conveyor route 3.5 The proposed conveyor route is primarily through grazing pasture land, although there is a section where the conveyor would travel underneath High Road and St Bees Road, and two sections where the alignment transects small areas of ancient woodland, one of which contains a gulley and beck. New housing has recently been built and is continuing to be built opposite the northern section of the proposed route of the conveyor, along and off Wilson Pit Road. Rail Loading Facility (RLF) 3.6 The proposed RLF would be constructed on a greenfield site adjacent to the existing railway line.