Agenda item

A report by the Case Officer is attached.

Public Participation

Dr Peter Claydon on behalf of the Campaign for the Protection of Rural England, Ivor Ellis on behalf of the Whiteparish Preservation Group and Gordon King spoke in objection to the application.

Robert Westell, Applicant, spoke in support of the application.

Cllr Leo Randall on behalf of Whiteparish Parish Council spoke in objection to the application.

 

The Minerals and Waste Planning Officer, Jason Day, presented a report which recommended that permission be granted for the proposed extension of Brickworth Quarry (Minerals Local Plan Site Allocation Areas A and B) for the extraction of sand, infill with imported inert materials and quarry waste and restoration to commercial forestry and agriculture at original ground levels; retention of plant site and storage areas.

 

Key issues included the principle of development, loss of area classified as ancient woodland, need for and supply of minerals, ecology and landscape and visual impact. The site had been in operation for many years and was seeking an extension, and the site was identified in the Wiltshire and Swindon Minerals Site Allocations Local Plan as suitable for future mineral working. The woodland was a commercial coniferous crop ready for felling and the site would be replanted with native broadleaf trees over an increased area.

 

Members of the Committee then had the opportunity to ask technical questions of the officers, including a council ecologist. Details were sought on the material that would fill the quarry void and standard of replanting required.

 

Members of the public then had the opportunity to present their views to the Committee, as detailed above.

 

The Local Unitary Councillor, Councillor Richard Britton, then spoke in objection to the application, highlighting the irreplaceability of designated ancient woodland sites and, despite the commendable management of the existing site by the developers, felt the need did not outweigh the harm caused by the application.

 

A debate followed, where the details of soil handling and replacement were discussed, along withthe commercial nature of the existing trees on the site, the need for minerals and the lack of objection from Natural England. It was noted that the site was included within the Development Plan, and the council could be acting unreasonably to refuse an application without very clear reasons to indicate why the proposals were not in accordance with the Plan.

 

A motion to approve the application in accordance with the officer’s recommendation was moved by Councillor Christopher Newbury, seconded by Councillor Charles Howard, and it was,

 

Resolved

 

That planning permission be granted subject to the following conditions:

 

1.    The development hereby permitted shall be begun before the expiration of three years from the date of this permission.  Written notification of the date of commencement shall be sent to the Mineral Planning Authority within 7 days of such commencement.

 

REASON:      To comply with the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

 

2.    The development hereby permitted shall be limited to a period of eleven years from notified date of commencement of the development by which time extraction/tipping operations shall have ceased and the site shall have been restored in accordance with Drawing No. B19/RBA/2/09/E dated 15/09/16.

 

REASON:      To ensure development is carried out in accordance with submitted application and approved details.

 

3.    The development hereby permitted shall be carried out and completed in all respects strictly in accordance with the following approved plans and as stipulated in the conditions set out below together with those further details required to be submitted for approval:

 

·                     Drawing Ref: BRCKPLAN1608 Drawing No 7 C dated 12.09.2016

·                     Drawing Ref: BRCKPLAN1608 Drawing No 8 C dated 12.09.2016

·                     Drawing Ref: BRCKPLAN1608 Drawing No 9 C dated 12.09.2016

·                     Drawing Ref: BRCKPLAN1608 Drawing No 10 C dated 12.09.2016

·                     Drawing Ref: BRCKPLAN1608 Drawing No 11 C dated 12.09.2016

·                     Drawing Ref: BRCKPLAN1608 Drawing No 12 C dated 12.09.2016

·                     Drawing Ref: BRCKPLAN1608 Drawing No 13 B dated 12.09.2016

·                     Drawing Ref: BRCKPLAN1608 Drawing No 14 B dated 12.09.2016

·                     Drawing Ref: BRCKPLAN1608 Drawing No 15 B dated 12.09.2016

·                     Drawing Ref: BRCKPLAN1608 Drawing No 16 B dated 12.09.2016

·                     Drawing Ref: BRCKPLAN1608 Drawing No 17 B dated 12.09.2016

·                     Drawing Ref: BRCKPLAN1608 Drawing No 18 B dated 12.09.2016

·                     Drawing No. B19/RBA/2/09 E dated 15/09/16.

 

REASON:      For the avoidance of doubt and in the interests of proper planning.

 

4.    No development shall commence 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 to, and approved in writing by, the Mineral Planning Authority and that programme shall thereafter be implemented as approved.

 

REASON:      To enable sites of archaeological interest to be adequately investigated and recorded.

 

5.    No development shall commence until a detailed Construction Environment Management Plan (CEMP), incorporating an Ecological Monitoring Strategy, has been submitted to and approved in writing by the Mineral Planning Authority.  The Plan shall incorporate all the avoidance and mitigation measures for mineral, ecological, landscape and restoration operation programmes as set out in the following documents contained within the Environmental Statement:

·                     Chapter 10 of the Hydrogeological and Hydrological Environmental Impact Assessment and Flood Risk Assessment prepared by GWP Consultants LLP dated September 2016;

·                     Chapter 5 of the Impact Assessment on Soil Resources prepared by Askew Land and Soil Ltd dated 16 September 2016;

·                     Chapter 15 of the Ecological Assessment prepared by Ward Associates dated September 2016; and

·                     Chapter 5 of the Landscape and Visual Impact Assessment prepared by Corylus Planning and Environmental Ltd dated September 2016

Thereafter the development shall be fully undertaken in accordance with the approved CEMP.

 

REASON:      To secure the mitigation measures contained in the Environmental Statement in the interest of protecting environmental quality and of biodiversity.

 

6.    No development shall take place until a Landscape and Ecological Management Plan (LEMP) has been submitted to and approved in writing by the Mineral Planning Authority.  The plan shall include details and specifications for the management of habitats and other features of biodiversity interest.  Thereafter the development shall be fully undertaken in accordance with the approved LEMP.

 

REASON:      To provide a reliable process for aftercare and remedial measures to ensure the protection and survival of important protected and notable species and features of nature conservation importance.

 

7.    The development hereby permitted shall not be commenced until such time as a scheme for each of the following has been submitted to, and approved in writing by, the Mineral Planning Authority:

a.                    the storage of materials;

b.                    the storage of chemicals;

c.                    the storage of oil;

d.                    the storage of hazardous materials;

e.                    the proposed method of working;

f.                     the proposed phasing of development;

g.                    the proposed maintenance and after-care of the site;

h.                    future landscaping;

i.                     the provision of road and wheel cleaning facilities;

j.                     proposed scheme for groundwater and surface water monitoring on and off site designed to ensure the protection of off-site potential receptors as identified in GWP Consultants Hydrogeological and Hydrological Environmental Impact Assessment and Flood Risk Assessment for the Proposed Quarry and Inert Fill Extension Areas at Brickworth Quarry for Raymond Brown Minerals and Recycling Ltd, dated September 2016.

 

Any such scheme shall be supported, where necessary, by detailed calculations; include a maintenance programme; and establish current and future ownership of the facilities to be provided. The scheme shall be fully implemented and subsequently maintained, in accordance with the timing / phasing arrangements embodied within the scheme, or any details as may subsequently be agreed, in writing, by the Mineral Planning Authority.

REASON:      Protection of the water environment is a material planning consideration and development proposals, including mineral extraction, should ensure that new development does not harm the water environment. In this case the proposal poses a threat to water quality because of the location within SPZ3 of Woodgreen PWS, the proximity to the Drinking Water Protected Area Groundwater Safeguard Zone, two private water abstractions down gradient of the site. and Carbonne SSSI which receives spring flow when the watertable is elevated. 

 

 

 

8.    Nothing other than inert waste shall be imported into the site and used in the restoration of the site.

 

REASON:      Waste materials outside these categories raise environmental and amenities issues which would require consideration afresh.

 

9.    No operations authorised by this permission shall take place outside of the following times:

 

Soil stripping and overburden removal:         Monday – Friday 07.30 – 17.00

 

Mineral extraction and infilling:             Monday – Friday 07.30 – 17.00

Saturday 07.30 – 12.00

 

There shall be no working on Sundays or Bank or Public Holidays.

 

REASON:      To protect local amenity.

 

10.During the permitted working hours the freefield equivalent continuous noise level (LAeq, 1 hour) for the period due to mineral extraction and waste importation and depositing operations shall not exceed 55dB as recorded at the boundary of the nearest inhabited property.

 

REASON:      To safeguard the amenity of local residents.

 

11.No plant, equipment and machinery including vehicles shall be operated on the site unless equipped with effective silencing equipment that has been installed and is maintained at all times in accordance with the manufacturer’s, and/or supplier’s instructions.

 

REASON:      In the interests of neighbouring amenity.

 

12.No mobile plant or vehicles shall be operated on the site other than those with a ‘white noise' type of reversing warning alarm system, or an alternative system approved in writing by the Mineral Planning Authority.

 

REASON:      In the interests of neighbouring amenity.

 

13.The Dust Assessment and Dust Control Management Scheme prepared by DustScan Ltd dated September 2016 shall be implemented from the date of commencement of the development and shall be complied with at all times for the duration of the development hereby permitted.

 

REASON:      To protect the amenities of the locality from the effects of any dust arising from the development.

 

14.All vehicles shall enter and leave the site via the existing junction onto the A36 Brickworth Corner and no other point.

 

REASON:      In the interests of highway safety and to protect the amenities of the local area.

 

15.Except for sand, no mineral, topsoil or subsoil shall be exported from the site.

 

REASON:      To ensure the preservation of such materials for use in restoration and landscaping.

 

16.No materials shall be stockpiled or stored at a height greater than 5 metres when measured from adjacent ground level.

 

REASON:      In the interest of landscape character.

 

17.All restored areas of the Site shall undergo aftercare management for a 5 year period. The aftercare period for each part of the site will begin once the restoration condition for the relevant part of the site has been met, the date of which shall be notified in writing to the Mineral Planning Authority within 21 days.

 

REASON:      To ensure that the site is restored to an acceptable standard.

 

18.An aftercare scheme, requiring that such steps as may be necessary to bring each phase of the land reclaimed under condition 2 to the required standard for use for forestry and agriculture shall be submitted for the approval of the Mineral Planning Authority not later than 6 months prior to the start of aftercare on all or part of the site and thereafter be implemented as approved.

 

REASON:      To ensure satisfactory aftercare suitable for the intended afteruse.

 

19.In the event of a cessation of winning and working of minerals prior to the achievement of the completion of the approved scheme as defined in this permission, and which in the opinion of the Local Planning Authority constitutes a permanent cessation within the terms of paragraph 3 of Schedule 9 of the Town and Country Planning Act 1990, a revised scheme, to include details of reclamation and aftercare, shall be submitted in writing for approval to the Local Planning Authority, within 6 months of the cessation of winning and working.  The site shall be restored and landscaped in accordance with that approved revised scheme and within the timescale set out therein.

 

REASON:      To enable the Local Planning Authority to adequately control the development and to ensure that the land is restored to a condition capable of beneficial afteruse.