Report No 728/01 ANGUS COUNCIL DEVELOPMENT CONTROL COMMITTEE 14 JUNE 2001 SUBJECT: MINERALS OVERVIEW REPORT REPORT BY DIRECTOR OF PLANNING AND TRANSPORT Abstract: This report provides an overview for the consideration of a number of potentially competing minerals applications currently being considered by the Council. 1 RECOMMENDATION It is recommended that the Committee note the considerations highlighted in this overview report and have regard to them when determining the individual minerals applications currently being considered. 2 INTRODUCTION 2.1 The Council currently has before it, five mineral planning applications for consideration as follows:- (a) D18606 for the extension of quarry operations and infilling of void with inert waste for D. Geddes (Contractors) Ltd at Ardownie Quarry, Ardownie, by Monifieth. It is proposed to extract 3.62 million tonnes over an 18 year period and to infill the void space with 1.8 million tonnes of landfill. It is proposed that the hard rock be extracted over an 18 year period which on average equates to almost 200,000 tonnes per annum. (b) Planning Application No. 00/00731/FUL for continuation of mineral workings at Ardownie Quarry, Monifieth for D. Geddes (Contractors) Ltd. This application is for the continuation of a previous planning consent D5774 which lapsed on 10 November 2000. This consent is for the extraction of 920,200 cubic metres of hard rock (2.5 million tonnes) over a period of 12 years approximately at an average extraction rate of 150 – 200,000 tonnes per annum. (c) Planning Application No. 00/00971/FUL for proposed hard rock quarry extraction and processing of hard rock aggregates and concrete batching plant at Ethiebeaton Quarry, Monifieth for Ennstone Thistle Ltd. This application is for the extraction of 4.38 million tonnes of hard rock over a 17 year period at an average annual rate of approximately 250,000 tonnes per annum. Currently the quarry has planning consent which expires in 2006. (d) Planning Application No. 07/98/1001 for the determination of conditions and the review of old minerals planning permissions for the James Johnstone Trust at Cunmont Quarry, by Dundee. This application is for the modernisation of planning conditions under Section 96 of the Environment Act 1995/Section 74 of the Town and Country Planning (Scotland) Act 1997. Planning consent exists for the quarry and the current application is for 2 Report No 728/01 determination of planning conditions that have been submitted by the applicant to allow the old planning conditions to be updated. It is estimated by the applicant that reserves are in order of 1.25 million tonnes and the output would be for a maximum of 300,000 tonnes per annum. (e) Planning Application No. 00/01071/MIN for the determination of conditions and the review of old minerals planning permission – Section 96 of the Environment Act 1995/Section 74 of the Town and Country Planning (Scotland) Act 1997 for the Geddes Group at Waulkmill Quarry, Inverkeilor, Arbroath. As with the application at Cunmont Quarry this is a proposal for the modernisation of planning conditions as submitted by the applicant. It is anticipated that extraction will be at a rate of approximately 100,000 tonnes per annum. The applicants have estimated that the remaining reserves in the quarry are in the order of between 3 and 4 million tonnes but this area of reserves extends outwith the area of consent currently granted. The applicant estimates that consented reserves are in the order of 500,000 – 700,000 tonnes. 2.2 Applications in respect of review of old minerals planning permission are required by the Environment Act 1995 when applications were granted consent after 30 June 1948 but before 22 February 1982. The purpose of the review is to enable modern planning conditions to be applied to old planning consents. However, in respect of applications for review of conditions where the planning authority give notice that they have determined conditions different from those submitted by the applicant and which restrict the working rights of the applicant, then the applicant may be entitled to compensation. Mineral operations at Waulkmill, Cunmont and Ethiebeaton are currently authorised in planning terms and relevant applications for modern planning have been submitted within the appropriate timescale. Ethiebeaton Quarry (although subject to a fresh planning application) also falls to be considered under the determination of conditions under review of old mineral planning permissions. In this respect in the event that planning consent were refused for the application currently being considered the applicants would still be entitled on submission of an application under the review of old minerals planning permissions to continue operations until 2006. 3 MINERAL AND WASTE LANDFILL AUDIT STUDY 3.1 The Council engaged consultants to undertake a mineral and landfill audit. The study included examination of future demand includes consideration of future house building, major construction projects (including the A92) and the effect of recycling. 3.2 The study estimates that approximately 580,000 tonnes of hard rock aggregate are produced annually from four quarries within Angus (Ardownie, Ethiebeaton, Waulkmill and Guthrie). Permitted reserves are estimated at approximately 7 million tonnes derived from Ethiebeaton, Waulkmill, Guthrie, and Cunmont). Ardownie Quarry has not been included as planning consent has lapsed, although it is still being worked by Geddes Ltd. 3.3 The draft findings of the consultant’s report (report 485/01 placed before 26 April 2001 Planning & Transport Committee refer) have been made known to the various applicants some of whom dispute the extent of consented mineral reserves indicated by the report. Appendix 1 to this report indicates the market requirement on an annual basis and indicates the amount of hard rock that is necessary to provide for a 10 year landbank, i.e. 6 million tonnes. It can be seen that consented reserves 3 Report No 728/01 amount to approximately 7 million tonnes which would appear to provide for in excess of a 10 year landbank. However, the position is complicated by limitations imposed upon existing consents and past operational practices. Given these circumstances the 7 million tonnes of permitted reserves that the consultant refers to are not genuinely unconstrained. The is demonstrated by Appendix 2 of this report which examines output against time in more detail. 3.4 Appendix 2 indicates that the issue of consented reserves is not straightforward. It can be seen that without Ardownie Quarry the current production level cannot be maintained from existing operational quarries. Beyond 2006 unless Ethiebeaton is granted consent the position becomes even more critical. However the converse of this is also true that if consent is granted for Ethiebeaton and Ardownie on the basis of current production levels, then current need can be met from operational quarries until consented reserves at Waulkmill expire. 3.5 Substantial reserves in addition to those above exist at Waulkmill and Boysack Quarry (unused since 1990) and applications for both are possible in the near future. Reserves in these quarries amount to approximately 5 million tonnes, more than an additional 8 year supply. In addition at Guthrie Quarry there are reserves of almost 1.89 million tonnes over and above those that are consented. Application D18606 is for a new quarry at Ardownie and would provide for 3.52 million tonnes of hard rock almost 6 years of supply for the entire Angus/Dundee area or 18 years based on the applicant’s estimate of company requirement. The applicant at Ardownie would for operational reasons wish to work the existing quarry and extension as one quarry. On a company basis this would give the applicant at Ardownie approximately 29 years of supply. 3.6 In respect of landfill the Waste Review of Summary of Findings proposes (report 719/01) a number of scenarios and estimates for the Angus and Dundee area. In respect of inert waste there is landfill capacity for between 6 and 16 years. The principal projection suggests that there is 11 years capacity. 4 PLANNING CONSIDERATIONS 4.1 National Planning Policy Guideline NPPG4 on Land for Mineral Working indicates that planning authorities should provide for an adequate and steady supply of aggregate for the construction industries, with a landbank and permitted reserves equivalent to at least ten years extraction at all times for an appropriate local market area. 4.2 The Tayside Structure Plan 1993 Report of Survey suggests that the vast majority of aggregates produced within the Angus/Dundee remain solely within the area. Within Tayside between 1975 and 1989 (excluding 1988 as information is not available), the average annual extraction for crushed rock equated to approximately one million tonnes. Based on population estimates at 30 June 1998, the combined population of Angus and Dundee equates to approximately 66% of the population of Tayside. It is therefore not unreasonable to assume as an initial working assumption that for the Angus/Dundee area on annual basis approximately 660,000 tonnes of crushed rock is required. This assumption has been confirmed by the mineral consultants acting on behalf the Council who estimate that four working quarries in Angus, Ardownie, Ethiebeaton, Hilton of Guthrie and Waulkmill produced 530 – 630,000 tonnes of crushed rock and aggregate in 2000. They also confirmed that only 5.7% of aggregate is exported from Angus. Consultants on behalf of the applicants at Ethiebeaton are also of the view that approximately 630,000 tonnes of hard rock are 4 Report No 728/01 produced within Angus on an annual basis. Taking into account the Council’s consultant’s view and the view of the applicant, it is considered appropriate to plan on the basis of 600,000 tonnes approximately of hard rock extraction with the Angus/Dundee area on an annual basis.