Agenda item

Construction of a new inclined mine entrance from the surface into the existing permitted mine workings, and the construction of ancillary surface facilities including new cutting shed/workshop, block storage area, alterations to existing vehicular access and landscaping.

Public Statements

Dr David W Lynn & Mr Philip E Green - objection

Robert & Jo Pegg - objection

Sue & Mark Maidment - objection

Matthew Hawker - support

Nicholas Johnston - support

Christopher Bean - support

 

The Committee received a presentation from Mike Wilmott, Head of Development Management, which set out the main issues in respect of the application. The purpose of the report was to assess the merits of the proposal against the policies of the development plan and other material considerations, and to consider the recommendation that the application was approved subject to conditions.

 

The application proposed the construction of a new inclined mine entrance from the surface into the existing permitted mine workings, and the construction of ancillary surface facilities including a new cutting shed/workshop, block storage area, alterations to existing vehicular access and landscaping.

 

The application was scheduled to be considered by the Strategic Planning Committee at its meeting on 23 March 2020. However, the 23 March meeting was cancelled due to the Covid-19 situation. Immediately prior to the 23 March meeting four further third party ‘late’ representations were received. These were all objections, although raising no new issues to those already set out in the ‘Representations’ section of the report and addressed in the ‘Planning Issues’ section.

 

Key points included the location of the existing water treatment works which used the double gated access from the A4. The previous operators had permission for access on to Bradford Rd, which was granted in 2016. The proposals would see a reduced transport time, shorter distance, enabling a safer and more efficient mining operation. Other key issues included the landscaping and acoustic mitigation to be included, operation hours at the site, the site adjoining but not being within an AONB, site traffic and other highways concerns.

 

The Chairman invited Members to ask any technical questions of the Officer. It was confirmed if the application were approved, the existing permission for an entrance on Bradford Road would be rescinded, that the entrance and signage were in line with requests from Highways officers, that the land was currently for agricultural use and therefore the site itself contained no red kite nesting and that there were conditions on number of vehicle movements in and out of the site. Details were also sought on the location of residential properties and screening of the site and in relation to the AONB. The AONB had been consulted and had not responded. It was confirmed a detailed acoustic survey report had been received and mitigation measures included in the application.

 

The Chairman then asked the Democratic Services Officer, Kieran Elliott, to read out the public statements which had been submitted in accordance with the procedure as detailed above. All of the statements submitted within the deadline were also available in the previously uploaded agenda supplement online along with the presentation to the meeting.

 

The Local Member, Councillor Brian Mathew, was then able to address the Committee, he spoke in objection to the application, noting the large amount of correspondence received by Members on this matter. He noted the petition with 503 signatures against the development and strongly supported the local community in opposing it, noting issues of highways, natural habitat, and amenity

 

The Head of Development Management then responded to the points raised by statements, noting screening of the site, measures to mitigate acoustic impacts, the lack of objection from Highways officers, and lack of public access to the site.

 

The Chairman then moved a motion to approve the application in line with the officer’s recommendations. This was seconded by Councillor Derek Brown.

 

A debate followed where it was noted that the acoustic fencing was 2m high and would mitigate noise issues. The permitted hours of operation for stone cutting were considered, and alternatives suggested, as some Members felt that 07:00 was too early. It was felt that hours of operation of the stone cutting facility should be restricted to 08:00 – 17:30 Monday to Friday and 08:00 – 13:00 on Saturdays.

 

An emphasis was given to appropriate road signage display on the A4 to provide ample warning of the entrance. The option for a reduced speed limit was also discussed. The lack of objection from the AONB was noted.

 

The Chairman as having moved the motion and Councillor Brown having seconded the motion, both agreed to the amendment to include the revised permitted hours for stone cutting to be included.

 

Before the Chairman proceeded to the vote, she asked each Member to confirm that they had been able to hear and where possible see all relevant materials.

 

The Democratic Services Officer, then asked each Member in turn to vote.

 

When each Member had voted, the Democratic Services Officer announced the decision as follows:

 

Resolved:

 

That, subject to the applicant first entering into a legal agreement to prevent planning permission no. 15/00712/WCM from being further implemented the Head of Development Management be given delegated authority to grant planning permission, 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.

 

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 for a limited period, expiring on 21 February 2042 or at such time as extraction of stone from the underground stone mine permitted by planning permission no. N/98/01945/WCM ceases (whichever is the earlier).  At such time the site shall be restored within a period of 12 months in accordance with the details shown on drawing no. ST16481-022C (Landscape Restoration Plan) dated 26/02/2020.

 

REASON:  To secure what is applied for in the interests of amenity, and for the avoidance of doubt.

 

3)    The development hereby permitted shall be carried out in accordance with the following approved plans:

 

•         No. ST16481-018B (Site Location Plan) dated 27/11/2019

•         No. ST16481-011D (Site Layout with Preferred Adit Layout) dated 27/11/2019

•         No. ST16481-012B (Typical Support Details) dated 08/08/2019

•         No. ST16481-016A (Office Building) dated 08/08/19

•         No. ST16481-017B (Workshop / Processing Building) originally dated 08/08/2019

•         No. ST16481-023D (Softworks Plan) dated 29/02/2019

•         No. ST16481-039 (Acoustic Fencing) dated 18/02/2020

•         No. ST16481-019C (Drainage Layout) dated 21/11/2019

•         No. ST16481-025D (Landscape Restoration Plan) dated 26/02/2020

•         No. ST16481-022C (Vehicle Autotracking (inc. HGV on-site weighting bay)) dated 17/12/2019

•         No. J32-3384-PS-001D (Access (inc. signage)) dated 20/12/2019

 

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

 

4)    The development hereby permitted shall not commence until a Construction and Environmental Management Plan (CEMP) has been submitted to and approved in writing by the local planning authority. The CEMP shall include details of the following relevant measures:

 

i.        An introduction consisting of construction phase environmental management plan, definitions and abbreviations and project description and location;

ii.       A description of management responsibilities;

iii.      A description of the construction programme;

iv.      Site working hours and a named person for residents / interested parties to contact;

v.       Detailed Site logistics arrangements;

vi.      Details regarding parking, deliveries, and storage;

vii.     Details regarding dust and noise mitigation;

viii.    Details of the hours of works and other measures to mitigate the impact of construction on the amenity of the area and safety of the highway network; and

ix.      Communication procedures with the LPA and local community regarding key construction issues – newsletters, fliers etc.

 

There shall be no burning undertaken on site at any time.

 

Construction hours shall be limited to 0700 to 1730 hrs Monday to Friday, 0700 to 1300 hrs Saturday and no working on Sundays or Bank Holidays.

 

The CEMP shall be implemented at all times during the construction phase as approved.

 

REASON: In order to safeguard the amenities of the area in which the development is located.

 

5)    The development hereby permitted shall be constructed and operated at all times strictly in accordance with the Construction and Operational Dust Control Measures, the Dust Emissions Response Measures, and the Monitoring and Recording measures set out in the Dust Suppression Scheme by Wardell Armstrong dated August 2019.

 

REASON:  In the interests of amenity.

 

6)    The acoustic fencing forming part of the development hereby permitted shall in its entirety be installed prior to the mine entrance or workshop-processing building becoming first operational.  The acoustic fencing shall in its entirety be constructed in accordance with the specification set out on the Acoustic Fencing drawing (no. ST16481-039).  The acoustic fencing in its entirety shall be retained and maintained for the life of the development.

 

The Workshop-Processing Building forming part of the development hereby approved shall be constructed using materials that achieve 46dB Rw; the details of these materials shall be first submitted to and approved in writing by the local planning authority.  The Workshop-Processing Building shall be retained and maintained with these materials for the life of the development.  Duration the operation of any machinery inside the Workshop-Processing Building (other than forklift trucks, teleporters or other similar mobile vehicles), the building's doors and windows shall be kept completely shut.

 

No machinery (other than forklift trucks, teleporters, delivery lorries and other similar mobile vehicles) shall be operated on open parts of the site.

 

At all times the site shall be operated in accordance with the best working practice measures set out in the Noise Assessment by Wardell Armstrong dated January 2020.

 

REASON:  To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

 

7)    All soft landscaping comprised in the approved details of landscaping (drawing no. ST16481-023D (Softworks Plan) dated 29/02/2020) shall be carried out in the first planting and seeding season following the development becoming first operational or the completion of the development, whichever is the sooner;  All shrubs, trees and hedge planting shall be maintained free from weeds and shall be protected from damage by vermin and stock. Any trees or plants which, within a period of five years, die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the local planning authority. 

 

REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

8)    No external lighting shall be installed until plans showing the type of light appliance, the height and position of fitting, illumination levels and light spillage in accordance with the appropriate Environmental Zone standards set out by the Institute of Lighting Professionals in their publication "Guidance Notes for the Reduction of Obtrusive Light GN01:2020", have been submitted to and approved in writing by the Local Planning Authority.  The approved lighting shall be installed and shall be maintained in accordance with the approved details and no additional external lighting shall be installed.

 

REASON: In the interests of the amenities of the area and to minimise unnecessary light spillage above and outside the development site.

 

9)    The development hereby permitted shall be constructed and operated at all times in accordance with the Discussion and Recommendations of the Preliminary Ecological Appraisal Report by Wardell Armstrong dated April 2019, and the Assessment of Effects set out in the Bat Ecological Impact Assessment by Wardell Armstrong dated August 2019.

 

REASON:  To safeguard wildlife.

 

10)No development hereby permitted shall commence on site until a scheme for the discharge of surface water from the site (including surface water from the access road), incorporating sustainable drainage details, has been submitted to and approved in writing by the Local Planning Authority. The development shall not be first brought into use until surface water drainage has been constructed in accordance with the approved scheme.

 

REASON: The application contained insufficient information to enable this matter to be fully considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to ensure that the development can be adequately drained.

 

11)No development hereby permitted shall commence on site until details of the works for the disposal of sewerage including, if relevant, the point of connection to the existing public sewer have been submitted to and approved in writing by the Local Planning Authority.  No operation shall first commence until the approved sewerage details have been fully implemented in accordance with the approved plans.

 

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to ensure that the proposal is provided with a satisfactory means of drainage and does not increase the risk of flooding or pose a risk to public health or the environment.

 

12)No part of the development hereby permitted shall be first brought into use until the access, turning areas and parking spaces relevant to the part have been completed and the existing lay-by on the A4 has been removed, in accordance with the details shown on the approved plans. The areas shall be maintained for those purposes at all times thereafter.

 

REASON: In the interests of highway safety.

 

13)No part of the development hereby permitted shall be first brought into use until the visibility splays shown on the approved plans have been provided with no obstruction to visibility at or above a height of 600mm above the nearside carriageway level. The visibility splays shall be maintained free of obstruction at all times thereafter.

 

REASON: In the interests of highway safety.

 

14)During its operational phase the total number of HGV vehicle movements associated with the development hereby permitted shall not exceed the following limits -

 

12 movements (6 'in' and 6 'out') per day, Monday to Saturday.

 

No HGV movements shall take place outside the hours of operation stated in condition no. 16 of this planning permission.

 

REASON:  In the interests of highway safety and residential amenity.

 

15)From the date that any part of the development hereby permitted becomes first operational, a written record showing all HGV vehicles movements in and out of the site shall be kept by the operator, and that record shall be made available to the Mineral and Waste Planning Authority at all reasonable times.   The written record shall contain the vehicles' registrations and operating company's identity and time/date of the movement.

 

REASON:  In the interests of amenity and to ensure the limits on HGV movements set by this planning permission are not exceeded.

 

16)  Other than for the purposes of essential maintenance and pre-shift inspection of the mine, the development hereby permitted (with the exception of the operation of machinery within the Workshop-Processing Building) shall only operate between 07:00 and 18:30 from Mondays to Fridays and between 07:00 and 13:00 on Saturdays.  Machinery within the Workshop-Processing building shall only operate between 08:00 and 17:30 from Mondays to Fridays and between 08:00 and 13:00 on Saturdays.  Essential maintenance and pre-shift inspection of the mine shall be permitted for one hour only prior to or after these specified times.  The site shall not operate at any time on Sundays and Bank or Public Holidays.

 

REASON: 

To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

 

17)Wheel cleaning of all goods vehicles and machinery leaving the site shall be carried out for the duration of all operations (including construction operations) at the site.

 

REASON: To ensure that mud and earth deposits are not brought onto the public highway in the interests of highway safety.

 

18)No gates shall be installed across the vehicular access to the site other than where this access enters the working yard area.  

 

REASON: In the interests of highway safety.

 

19)No stone originating from sites other than the existing underground workings at Hartham Park Quarry / Hartham Mine shall be brought and/or stored or processed at the site.

 

REASON:  In the interests of highway safety and amenity.

 

20)No stockpile of stone within the storage yard / stacking area shall exceed 3m in height.

 

REASON:  To safeguard the visual amenities of the area.

 

21)Tunnel and shaft construction using penetrative methods shall not be carried out.

 

REASON: To ensure that the proposal does not harm groundwater resources in line with paragraph 170 of the National Planning Policy Framework and 'The Environment Agency's approach to groundwater protection'.

 

22)There shall be no de-watering of the site or interruptions to ground or surface water flows.

 

REASON: To ensure that the proposed development does not harm groundwater resources in line with paragraph 170 of the National Planning Policy Framework and 'The Environment Agency's approach to groundwater protection'.

 

23)The development hereby permitted shall not commence until such time as a scheme has been submitted to, and approved in writing by the local planning authority, providing details of:

 

•         the storage of materials;

•         the storage of chemicals;

•         the storage of oil;

•         the storage of hazardous materials;

•         the proposed method of working;

•         the proposed phasing of development;

•         the proposed maintenance and after-care of the site;

•         proposed scheme for monitoring; and;

•         wastewater management.

 

24)The scheme shall, where necessary, be supported by detailed calculations and include a programme for future maintenance. The scheme shall be fully implemented and subsequently maintained, in accordance with the timing/phasing arrangements embodied within the scheme.

 

REASON: To ensure that the proposed development does not harm the water environment in line with paragraph 170 of the National Planning Policy Framework and 'The Environment Agency's approach to groundwater protection'.

 

INFORMATIVE:

This planning permission does not change in anyway the standalone planning permission no. N/98/1945 relating to Hartham Park Quarry.  It follows that N/98/1945 must continue to be implemented in accordance with its planning conditions, including those relating to the method of working and phasing.