of the rriir, , . ,[:e ~itcclingof the . NORTH LANARKSHIRE COUNCIL Commitzc dr.. .,.2,6/3/G7..,..,..,... SECTION 96 OF THE ENVIRONMENT ACT, REVIEW OF OLD MINERAL PERMISSIONS Date: 26 March 1997 I Ref NPL/45/01/GL/JK I Purpose of Report 1. To advise Members that the Council has implemented the initial phases of Section 96 of The Environment Act 1995. This fact has been advertised in the local press and all those with an 0 interest in each site have been advised that their site has been included on the list. Background 2. Members will recall that a report explaining the effect of this legislation was placed before the Committee on 18 September 1996. The legislation was enacted on 1 January 1997 and within three months of that date, i.e. by 1 April 1997, the Council had to produce a list of all sites affected by the legislation. As stated above, this has been done and a copy of the finalised list is attached to this report. (Appendix 1 - The First List). 3. The legislation affects all extant mineral planning permissions granted before 22 February 1982. Depending on several factors each site is classified as either:- (a) Active Phase I; (b) Active Phase 11, or (c) Dormant. 4. The factors which govem the classification of each site are as follows:- (a) The date planning permission was granted, and (b) Whether or not the site had been worked to any substantial extent between 22 February 1982and6June1985. 5. The classification given to each site is important as this determines when within the whole process the planning permission will be reviewed. Active Phase I sites are covered in the initial review and the owners of these sites must submit a scheme of conditions for approval by the date specified on the list. These sites are dealt with first, because an Active Phase I site is a working site covered by an old planning permission which pre-dates 8 December 1969. Such a planning permission is unlikely to include planning conditions that would be considered acceptable by today’s standards, and it is for this reason that the review has been required. The intention is that all planning permissions will be reviewed, have modem planning conditions attached to them and thus improve the manner in which the site is operated. 6. A site where no work has taken place between 1982 and 1995 is classified as Dormant on the list. Such a site cannot be reworked until a scheme of new planning conditions has been approved by the Council. 7. A site classified as Active Phase I1 on the list is a more up to date planning permission (i.e. granted post 1969) and for this reason such sites will be dealt with in a Secondary Review starting 1 January 2000 (post 1969 planning permissions tend to have more modem planning conditions attached to them so are not given the same priority in terms of the legislation). 8. On examination of the old records and planning registers held by the Council, a number of sites were identified that, following detailed consideration, have not been included on the list. These sites have been excluded for varying reasons and these are identified in the Appendix 2 attached to this report. Given the date when some of these planning permissions were granted (the 1940s and 1950s) the information available is limited and as a result the status of these permissions is unclear. Nevertheless, a decision as to whether or not to include an individual site on the list has to be taken on the basis of the available information and a visit to the site. 9. The reasons for exclusion of a site are given in Appendix 2. Most commonly it was not possible to ascertain whether a site had been worked at all, therefore, the permission was assumed to have lapsed. In other cases it was apparent that a site had been worked but on the available evidence it e was assumed that it was worked out and restored. This is considered to be a reasonable assumption in such cases given the time which has elapsed since many of these permissions were granted, i.e. if workable reserves remained on a site, it is considered reasonable to assume that they would have been worked by now. In any event, a landowner can appeal to have a site included on the list, so if the Council has missed a site or interpreted the available information incorrectly, there is a course for redress via an appeal. Recommendation 10. Committee is asked to note that:- (a) the review process as required under Section 96 of The Environment Act 1995 is underway and that a list of all affected sites has been produced; (b) reports detailing the proposed schemes of conditions under which owners are willing to operate the Active Phase I sites will be placed before the Committee in due course, and (c) schemes may come forward for some of the sites classified on the list as Dormant and these will also be reported to the Committee. k Stanley C. Cook Director of Planning and Development Any person wishing further information on the above should contact Graeme Lee (Tel: 01236 722131, extension 2218. APPENDIX 1 NORTH LANARKSHIRE COUNCIL ENVIRONMENT ACT 1995 : SECTION 96 ‘THE FIRST LIST’ ORTHERN DIVISION NORTH LANARKSHIRE COUNCIL ENVIRONMENT ACT 1995 : SECTION 96 ‘THE FIRST LIST’ SITE NAME LOCATION GRID REFERENCE BELTMOSS QUARRY TAK MA DOON ROAD, 272016 E 679003 N KILSYTH CONSENT REFERENCE DATE DEVELOPMENT U173 19.4.48 OR 27.4.48 WINNING AND WORKING OF MINERALS APPLICANT SITE OWNER@) MINERAL OWNER@) ANGLO AMERICAN WALTER HALL WALTER HALL ASPHALT COLtd (SCOTLAND) Ltd. (SCOTLAND) Ltd SITE STATUS DATE FOR SUBMISSION OF SCHEME OF CONDITIONS ACTIVE PHASE 1 1st APRIL 1998 NORTHERN DIVISION 01236722131 BRON WAY CUMBERNAULD, G67 1DZ COMMENTS ENVIRONMENT ACT 1995 1 MINERAL REVIEW SITE 111 73 Beltmoss Quarry 157 I SCALE 1:lO 000 NORTH LANARKSHIRE COUNCIL ENVIRONMENT ACT 1995 : SECTION 96 ‘THE FIRST LIST’ SITE NAME LOCATION COLZIUM, NEILSTON & TAK MA DOON ROAD, 272672 E 679166 N RISKEND KILSYTH CONSENT REFERENCE DATE DEVELOPMENT 11640 DECEMBER 1949 WINNING AND WORKING OF MINERALS I APPLICANT SITE OWNER(S) Mr.J.ROCHE KILSYTH LENNOX GOLF CLUB KILSYTH LENNOX GOLF CLUB RISKEND QUARRY COLtd RISKEND QUARRY COLtd Mr.A.MacGREGOR Mr.A.MacGREGOR Mr.J.R.MacGREGOR Mr.J.R.MacGREGOR Mr.D.MacGREGOR Mr.D.MacGREGOR SITE STATUS DATE FOR SUBMISSION 0 ACTIVE PHASE 1 NORTHERN DIVISION 01236722131 BRON WAY CUMBERNAULD, G67 1DZ I ENVIRONMENT ACT 1995 NORTH LANARKSHIRE COUNCIL ENVIRONMENT ACT 1995 : SECTION 96 ‘THE FIRST LIST’ SITE NAME LOCATION GRID REFERENCE I BANTON BLAES HIGH BANTON I 275076 E 680397 N CONSENT REFERENCE DATE DEVELOPMENT 65/19 12.4.65 EXTRACTION OF BLAES APPLICANT SITE OWNER@) MINERAL OWNER@) J.GUERTS & COLtd Mr.W.GRAY Mr.W.GRAY I I SITE STATUS DATE FOR SUBMISSION OF SCHEME OF CONDITIONS DORMANT I N/A AREA OFFICE CONTACT NUMBER NORTHERN DIVISION 0123672213 BRON WAY CUMBERNAULD, G67 1DZ COMMENTS NORTH LANARKSHIRE COUNCIL ENVIRONMENT ACT 1995 : SECTION 96 ‘THE FIRST LIST’ SITE NAME LOCATION GRID REFERENCE ARNS MINE ARNS, BY CUMBERNAULD 281565 E 675410 N CONSENT REFERENCE DATE DEVELOPMENT KC 318 23.12.48 I REMOVAL OF FIRECLAY APPLICANT SITE OWNER(S) MINERAL OWNER(S) J.G.STEIN & COLtd SEE ATTACHED LIST SEE ATTACHED LIST I SITE STATUS DATE FOR SUBMISSION OF SCHEME OF CONDITIONS DORMANT NIA AREA OFFICE CONTACT NUMBER NORTHERN DIVISION 01236722131 BRON WAY CUMBERNAULD, G67 1DZ COMMENTS CONTINUATION SHEET ARNS MINE PLANNING PERMISSION KC 318 MINERAL OWNER@) Mr & Mrs CONWAY MILLSTONE GRIT & FIRECLAY COLtd Mr & Mrs WADE OTHERS NOT KNOWN Mr McFARLANE Mr HERNANDEZ Mr G GOW Mr M JAMESON MILLSTONE GRIT & FIRECLAY Ltd CENTRAL SCOTLAND SHOOTING SCHOOL FOREST ENTERPRISE Mr THORBURN Mrs DIXON EAST OF SCOTLAND WATER NORTH LANARKSHIRE COUNCIL ENVIRONMENT ACT 1995 : SECTION 96 ‘THE FIRST LIST’ SITE NAME LOCATION GRID REFERENCE FANNYSIDE MUIR FANNYSIDE , 280084 E 673980 N BY CUMBERNAULD CONSENT REFERENCE DATE DEVELOPMENT I KC 888 30.5.55 I EXTRACTION OF PEAT SITE OWNER(S) MINERAL OWNER(S) MIDLAND MOSS LITTER COLtd RICHARDSONS MOSS LITTER CO RICHARDSONS MOSS LITTER CO FOREST ENTERPRISE OTHERS NOT KNOWN SCOTTISH WILDLIFE TRUST I ACTIVE PHASE 1 1st APRIL 1998 CONTACT NUMBER NORTHERN DIVISION 01236722131 BRON WAY CUMBERNAULD, G67 1DZ . NORTH LANARKSHIRE COUNCIL ENVIRONMENT ACT 1995 : SECTION 96 ‘THE FIRST LIST’ SITE NAME LOCATION GRID REFERENCE CRAIGMARLOCH CRAIGMARLOCH, BY 273441 E 676902 N QUARRY CROY CONSENT REFERENCE DATE DEVELOPMENT KC 3271 28.2.73 EXTRACTION OF MINERALS APPLICANT SITE OWNER@) MINERAL OWNER(S) SCOTTISH AGGREGATES Ltd TARMAC QUARRY TARMAC QUARRY PRODUCTS Ltd PRODUCTS Ltd SCOTTISH AGGREGATES Ltd I SITE STATUS DATE FOR SUBMISSION OF SCHEME OF CONDITIONS DORMANT NIA AREA OFFICE CONTACT NUMBER NORTHERN DIVISION 01236722131 BRON WAY CUMBERNAULD, G67 1DZ I COMMENTS NORTH LANARKSHIRE COUNCIL ENVIRONMENT ACT 1995 : SECTION 96 ‘THE FIRST LIST’ SITE NAME LOCATION GRID REFERENCE CROY QUARRY CROY 273195 E 676088 N CONSENT REFERENCE DATE DEVELOPMENT CNl8113 13.11.81 EXTENSION TO CROY QUARRY APPLICANT SITE OWNER@) MINERAL OWNER@) KINGS & COLtd TARMAC QUARRY TARMAC QUARRY PRODUCTS Ltd PRODUCTS Ltd ACTIVE PHASE 2 NIA I AREA OFFICE CONTACT NUMBER I NORTHERN DIVISION 01236722131 BRON WAY CUMBERNAULD, G67 1DZ COMMENTS e NORTH LANARKSHIRE COUNCIL ENVIRONMENT ACT 1995 : SECTION 96 'THE FIRST LIST' SITE NAME LOCATION GRID REFERENCE WELLSIDE QUARRY STIRLING ROAD, AIRDRIE NS 767700 677455 CONSENT REFERENCE DATE DEVELOPMENT P/M/570 - 790 5.5. 65 REMOVAL OF COLLIERY BINGS & WORKINGS OF FIRECLAY APPLICANT SITE OWNER(S) MESSRS ALEXANDRA MR G. JACK NOT KNOWN TRANSPORT COMPANY LTD I SITE STATUS DATE FOR SUBMISSION OF SCHEME OF CONDITIONS DORMANT AREA OFFICE