Brecon Beacons National Park Authority PLANNING, ACCESS AND RIGHTS OF WAY COMMITTEE 25 April 2017 RECOMMENDATIONS OF THE DIRECTOR OF PLANNING ON APPLICATIONS FOR DETERMINATION BY THE PLANNING, ACCESS AND RIGHTS OF WAY COMMITTEE Page 1 of 14 APPLICATION NUMBER: MT15392 APPLICANTS NAME(S): Hanson Ltd SITE ADDRESS: Vaynor Quarry Cefn Coed Y Cymmer Merthyr Tydfil GRID REF: E: 303320 N:210050 COMMUNITY: Vaynor DATE VALIDATED: 7 May 1997 DECISION DUE DATE: 7 August 1997 CASE OFFICER: Carmarthenshire CC (Donna Bowhay) PROPOSAL Determination of Conditions on Consents 1/1466 and 1/4120 ADDRESS Vaynor Quarry, Cefn Coed y Cymmer, Merthyr Tydfil Page 2 of 14 CONSULTATIONS/COMMENTS Vaynor Community Council No response Merthyr Tydfil CBC Highways No response Environment Agency Wales 26th June 1997 In order for the Agency to make a definitive response I would ask you to obtain the following additional information from the applicant. 1. It is the Agency’s understanding that the quarry and its surroundings overlie a major aquifer that is highly permeable. 1.1 What is the depth limit to the quarrying? 1.2 From the geological investigations undertaken what was the depth to groundwater strikes? What were the location and depths of the boreholes? When were the boreholes drilled? 2.0 The Agency is concerned with the lack of measures to protect the surface and/or groundwater resources and features. The Agency would like the developer to submit details of groundwater and surface water features within a 500m radius of the site which could be affected by the quarrying. The Agency is also concerned that the effects on surface and ground water resources may become more pronounced with the quarry enlargement anticipated in the future. 3.0 The applicant should consider the effects of any unlicensed or licensed abstractions in the area from enlargement-of the quarry. Due to the above the Agency will require more time to consider the proposals and you are therefore requested to defer determination of this application. If you are unable to agree to defer consideration of the application this letter must be considered to be a formal OBJECTION in order to protect the interests of the Agency pending completion of our more detailed assessment of the Application. However·, the Agency is willing to make the following initial response with respect to 1/1420 and 1/1466. The Agency requests that any determination includes the following formal conditions:- Page 3 of 14 CONDITION: Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound should be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage; the compound should be at least equivalent to the capacity of the largest tank, or the combined capacity of interconnected tanks, plus 10%. All filling points, vents, gauges and sight glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework should be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to discharge downwards into the bund. REASON: To prevent pollution of the water environment. Prior to any development proceeding, a comprehensive drainage and lagoon system must be installed to intercept and treat any contaminated surface water run-off from this area. Detailed plans of these proposals must be submitted to and approved in writing by the Local Planning Authority, in consultation with the E.A. REASON: prevention of pollution. Provision must be made to ensure that no polluting discharge from haul roads and disturbed areas enter any watercourse. REASON: protection of the environment. In addition, the Agency wishes to make the following comments:- The dewatering activities on site may have an adverse impact upon local wells and water supplies. These activities are exempt from control, in accordance with Section 29 of the Water Resources Act 1991 but could lead to problems for and representations by current water users. Dewatering the proposed excavation may lower groundwater levels locally and may derogate nearby domestic and licensed groundwater sources and other water features. The applicant should locate all these and agreement should be reached with all users of these supplies for their protection during dewatering. The following is a list of all licensed, and known ·domestic, groundwater abstractions in the vicinity which may be affected by dewatering:- Certain private water supplies do not require a licence, therefore the Agency is not necessarily aware of their existence. The locations of private domestic sources may be held by the County Council on the register required by the Private Water Supplies Regulations 1992. Environment Agency Wales 20th October 1997 I refer to my letter of 23 June 1997 requesting information with regard to the hydrogeological regime. I note that to date this information is still awaited. Under Mineral Planning Guidance (MPG) 14 the Agency is aware that such applications Page 4 of 14 need to be determined-within three months. On that basis and in view of the time elapsed we would be grateful of an indication of your Authority's intentions in this matter. For your information we are already in contact with the Welsh Office regarding other similar sites and their implications with regard to water resources. A copy of correspondence to the Welsh Office (WO) is attached for your information which indicates our concerns regarding conflicts between MPG 14 and MPG 9. You will note that the Agency views the absence of information or a relevant condition as likely to affect our interest. Therefore if your Authority is likely to approve the application I would be grateful for your early advice such that we can request the Secretary of State to call-in this application for determination. Environment Agency Wales 17th September 1999 The Agency has now had the opportunity to review this correspondence from yourselves ref. MT15392/GJMD335, dated 13 April1999 and we would wish to make the following comments: It is noted from your letter that you are likely to require further scientific justification from the Agency for inclusion of some of the suggested conditions at this quarry should ARC South Wales object to the need for an Environmental Assessment. The concern being that at present the scientific basis is not clearly defined or supported. The Agency is able to reassure that we have always proceeded on the principle that the Agency must be in a position that the scientific basis and reasons for our advice is capable of justification on any challenges to its appropriateness and detail. It is a question of fact not law as to whether or not we have the scientific basis. The Agency would add that more specific concerns with regard to development at this quarry have been highlighted in previous correspondence. NP Archaeologist No response Glamorgan Gwent Archaeological Trust 19th May 1997 Thank you for sending us details of the above application for the approval of conditions under section 96 and paragraph 9 of schedule 13 to the Environment Act 1995. A small stone cairn with a low earth and stone bank to the south of it has recently been discovered at NGR SO 0320 1033. According to our plotting this feature is inside the western area of the application. Page 5 of 14 We understand that the concept of quarrying in this area has been resolved by the IDO; however the cairn is an important archaeological feature which should not be destroyed without full investigation and recording. We therefore recommend that a condition requiring the developer to ensure that the cairn is fully investigated prior to its destruction by the quarry should be added to the proposed conditions. This condition should be worded in a manner similar to the model given in Welsh Office circular 60/96, section 23 viz: "No development shall take place within the area indicated until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority." This recommendation follows Government advice given in Planning Guidance (Wales) Planning Policy, especially section 138, and Welsh Office Circular 60/96, especially sections 6 and 18 and also the revised CBI Minerals Environment Charter. It also follows the procedures outlined in Policy 27 of the Deposit Minerals Local Plan for Limestone Quarrying in Mid Glamorgan. If you have any questions or require further advice, please do not hesitate to contact us. Merthyr Tydfil CBC Planning No response Dwr Cymru Welsh Water 5th June 1997 Dwr Cymru Welsh Water has no comment to make on the Determination of the Conditions on the IDO Consents. We would like to express our concern on the impact quarrying would have on the major water resources of the Taf Fawr and Taf Fechan reservoir complexes. Vaynor Commoners Association No response Ramblers Association No response CONTRIBUTORS None RELEVANT POLICIES None Page 6 of 14 PLANNING HISTORY App Ref Description Decision Date Brecon Beacons National Park & Merthyr Tydfil County Borough Council 1/4120 Mineral Development on part of Approved 27th July 1962 land comprising Blaen-y Duffryn, Llyn-yr-eos, Ffynon Rosser and Llyn-yr-Ryrddod Farms 1/1466 The extension of working and Approved 16th April 1959 tipping at Vaynor Quarry Merthyr Tydfil County Borough Council only P/97/0200 Determination of Conditions Approved 1st January 2002 52/78/0718(N Extension to Quarry Approved 25th October 3370) 1982 1/5066 Tipping of Quarry Waste Approved 12th November 1964 0/3 V37 Quarrying Operations Interim 3rd July 1947 Development Order (IDO) OFFICER’S REPORT Introduction This report is brought before members as the application is for major development.