APPLICATION NO: 13/0012/CWMAJM DISTRICT REF: … it… · cessation of mineral working.”...

APPLICATION NO: 13/0012/CWMAJM DISTRICT REF: 13/01124/CPO VALIDATION DATE: 13th February 2013 AGENT: Land and Mineral Management Ltd., Suite 1, Security

House, 82c Chesterton Lane, Cirencester GL7 1YD APPLICANT: Syreford Quarries and Masonry Limited, Brockhill Quarry,

Naunton, Cheltenham GL54 3BA SITE: Syreford Quarry, Syreford, near Andoversford, GL54 5SJ PROPOSAL: Variation of conditions on planning permission

08/0066/CWMAJM which permitted the variation of condition 2 (end date of permission) of CD.0202/D Review of Mineral Permission

PARISH OF: Whittington SITE AREA: 5.18 ha GRID REF: E: 402516 N: 220607

RECOMMENDATION: Should planning permission be granted for the extension of the quarry site under planning reference 12/0049/CWMAJM, it is recommended that planning permission be GRANTED for the reasons set out in this report and summarised in paragraphs 7.36 – 7.41 subject to the conditions in section 8.0 of this report.

1.0 LOCATION 1.1 The application site is an established Cotswold Oolitic Limestone quarry

situated approximately 0.8 kilometres north of Andoversford. The site, which measures over 5 hectares lies approximately 200 metres to the north-west of the small hamlet of Syreford. The site is located on the north side of an unclassified rural road running east-west between the villages of Syreford and Whittington, from which the site takes it access. The junction with Brockhampton Road lies approximately 175 metres east of the site access.

1.2 The site access is located in the south-eastern corner of the site, at a level of

about 189 metres AOD. The land rises steadily from the south east to the north west corner of the site at around 230 metres AOD. The steeply sloping topography of the land means that the site is visible from many middle and long distance views from the south east. The site is bounded to the south and west by rural roads which have well established vegetation such as hawthorn, blackthorn and ash growing along their margins, providing good screening for

the site from these public roads. To the north and east of the site is agricultural land.

1.3 There is an assortment of steel containers in the south eastern corner of the site used for stone cutting, equipment storage and welfare facilities for the site operatives. The nearest residential property is Trenfield House, located 55 metres south east of the application site access. This dwelling is located at a lower level to the site entrance and takes its access from the south side of an unclassified road, nearly opposite the application site entrance.

1.4 The application site lies within a rural area which is designated as part of the Cotswold Area of Outstanding Natural Beauty. A public right of way runs in a north easterly direction from the eastern side of the site entrance. The site falls within a Groundwater Source Protection Zone as designated by the Environment Agency where groundwater supplies are sensitive to pollution. Thames Water has a pumping station 150 metres south of the site access. There are no surface water features on the site but the River Coln flows in the valley bottom to the east of the site. The site falls within the Environment Agency’s lowest flood risk zone 1. The site has been designated as a Regionally Important Geological Site (RIGS) for its exposure of Jurassic Limestone of the inferior Oolite with horizontal bedded freestone of the Cleeve Cloud Member (Birdlip Limestone formation).

2.0 THE PROPOSAL

Background Context to the application

2.1 This planning application is the second of two applications to be considered by Members of the Planning Committee relating to limestone extraction at Syreford Quarry. This application is concerned with deciding whether the applicant: Syreford Stone and Masonry Limited should be permitted to amend the conditions of their existing planning permission reference CD.0202.D Review of Mineral Permission as amended by planning permission reference 08/0066/CWMAJM dated November 2012. The applicant seeks the amendment and deletion of 14 planning conditions relating to the existing quarry site as they appear on planning permission reference 08/0066/CWMAJM dated 1st February 2013.

2.2 The principle of development on what may be termed the ‘existing site’ has

already been established and for the avoidance of doubt includes the erection of a stone processing building. The applicant: Syreford Stone and Masonry Limited seeks under the provision of Section 73 of Town and Country Planning Act 1990 permission not to comply with one or more conditions previously imposed on a planning permission. The applicant seeks amendment to his planning permission in the event that planning permission for the ‘extension site’ is granted. This is necessary as working phases of the ‘existing site’ overlap the boundary with the ‘extension site’ requiring some reorganisation of the ‘existing site’ and alignment of working practice across the two parts of the site. The planning authority may grant such permission

unconditionally, or subject to different conditions or they can refuse the application if they decide the original conditions should continue. The original planning permission will continue to subsist whatever the outcome of the application and the applicant may choose whether to implement the new permission. The applicant may withdraw the second application should the first application for the ‘extension site’ be refused.

2.3 The first application (12/0049/CWMAJM) whilst submitted in October 2012

was not made valid by the MPA until 11th February 2013 following discussions with the applicant over the precise area to be included within the application site boundary. The MPA agreed that the ‘extension area’ could be subject to a full application, whilst the ‘existing site’ planning permission could be subject to a Section 73 application to vary conditions to align with the adjacent extension site. The public consultation of both applications has been run together. This is due to the ‘extension site’ proposing to use the access and processing area of the ‘existing’ quarry site.

Description of Development

2.4 This application was submitted on 7 February 2013 under Section 73 of the

Town and Country Planning Act 1990 that is concerned with the variation of planning conditions following the granting of planning permission. Planning permission reference 08/0066/CWMAJM dated 1st February 2013 was concerned only with the variation of condition 2 of planning reference CD/202D dated 8 September 1998. Condition 2 related to the life of the quarry, permitting it to be worked until 2042. The other extant conditions of the 1998 planning permission CD.0202/D were carried forward onto the decision notice for 08/0066/CWMAJM and updated.

2.5 This planning application has been submitted in tandem with planning

application 12/0049/CWMAJM which proposes the extension of quarry working into the field to the north of the existing quarry site for 22.5 years from the commencement date. This Section 73 application seeks to vary planning conditions on planning permission 08/0066/CWMAJM that control operations that would need to be made on the existing site to accommodate changes to the extension working proposals should that be permitted. Should planning permission for the extension site be granted there would be two separate planning permissions: one controlling the existing site and the other the extension site. Amending the conditions controlling the phasing of work on the existing site in this application would harmonise the two sets of planning conditions. Should planning permission for the extension area be refused then this planning application may be withdrawn and a resubmission made in order to agree the remaining scheme of working and restoration proposals.

2.6 The application is concerned with the following fourteen planning conditions of

08/0066/CWMAJM proposed to be varied which are: Condition 5 2.7 This condition relates to the approval of details for the working scheme for the

quarry. The plans covering these matters were approved by Gloucestershire County Council on the November 1998, they include: Sy/3.0B, Sy/3.1A and Sy3.2A. To match in with the working scheme for the extension these plans will be in effect superseded. They will be substituted by plans: 000295/12r0, 000295/13r0, 000295/14r0 and 000295/15r0.

Suggested rewording of the condition is as follows:

“The working of the site shall take place in accordance with the plans: Drawing reference 000295/12r0, 000295/13r0, 000295/14r0 and 000295/15r0.” Condition 7

2.8 The building approved under 08/0066/CWMAJM as shown on drawing reference 00295/13ro has been amended. Therefore the suggested rewording of this condition is:

“Prior to the erection of the building as located on Drawing reference 00295/13ro details of the elevations and external cladding shall be submitted to the Mineral Planning Authority for approval in writing. The building shall be installed in accordance with approved details and maintained until the cessation of mineral working.”

Condition 8

2.9 This condition relates to a weighbridge shown on plan Sy/3.0. However this weighbridge has not been needed, as SQM does not sell their block to third parties. It is [recorded by measurement and] taken off site for carving and masonry. However the applicant would wish to retain the ability to install a weighbridge if required and so suggest reserving details of a weighbridge for future submission. The suggested rewording of the condition is: “Prior to the installation of a weighbridge at the site details of the weighbridge and its location shall be submitted to the Mineral Planning Authority for its approval in writing. Any weighbridge which is installed shall be used to weigh Syreford stone only and not for any other use. The weighbridge shall be installed in accordance with plans approved and maintained for the duration of the development approved.”

Condition 12

2.10 The depth of extraction is limited to a maximum 190 metres Above Ordnance Datum (AOD). The new extension area proposes working deeper beds to extract the premium quality block stone which is required for some heritage and conservation work and to limit the area of ground that needs to be opened up for quarrying. A hydrological assessment prepared for the extension confirms that no adverse impacts have been identified from the deepening of quarrying. As the depth of working is clearly shown on the working plans which are proposed to be incorporated into the permission by amendment of

condition 5, the applicant considers it is unnecessary to repeat the depth restriction so the condition can be deleted.

Condition 13

2.11 There is a 10 metre standoff for quarrying from the northern boundary to safeguard the adjacent land. As the proposed extension is to ‘quarry through’ into the adjacent field this will be removed on the intervening boundary as the need to provide a safeguard for the adjoining land at this point will not exist. The suggested rewording of the condition is:

“No extraction shall take place closer than 15 metres from each of the south and west boundaries and 10 metres from the north east boundary.”

Condition 14

2.12 The condition refers to materials arising from the site being used on the site. The working of the adjacent land for the extension will mean that quarried materials will move across the two ‘sites’ although the overall balance will mean that the same volumes are available for restoration. The suggested rewording of the condition is:

“No waste material, other than mineral waste and soils arising at Syreford Quarry as a result of quarrying activities, shall be deposited at Syreford Quarry.” Conditions 31 and 32

2.13 These conditions seek to protect the water environment although discharges of trade or foul waste require separate discharge consents. With the reconfiguration of the building it is suggested that the conditions are combined into a single condition. The suggested wording of the condition is:

“Prior to the occupation of the building details of the arrangements for trade and foul drainage shall be submitted to the Mineral Planning Authority for its approval in writing. The drainage arrangements shall be maintained for the duration of the relevant operations on site.”

Condition 34

2.14 Mobile plant storage is detailed under the existing plans, with the amended plans the correct plan needs to be referenced to. The suggested wording of the condition is:

“The storage area for vehicles and other mobile plant shall be as shown on the orange area adjacent to the cutting shed on drawing reference 00295/13ro”

Condition 35

2.15 Storage and amenity bunds are covered in this condition but with the new scheme these are detailed in the working plans and so it is proposed to amend this condition to reference the storage to the new plans. The suggested wording of the condition is:

“All bunding on site shall be as shown on the approved drawings reference 00295/13ro, 00295/14ro and 00295/15ro.”

Condition 36

2.16 The condition relates to the retention of all topsoil on site, however only limited topsoil is available on site as it is believed to have been removed from site by the previous operator so for the purposes of clarity it is suggested the condition be reworded. The suggested rewording of the condition is:

“All remaining topsoil on site shall be retained and used in the restoration of Syreford Quarry.”

Condition 37

2.17 This condition refers to the location of amenity bunding as shown on the current working plans which will change with the working of the extension. The amendment of condition 35 as above includes the location of bunding and so it is considered that this condition can be deleted.

Condition 38

2.18 This condition covers the seeding of bunds and keeping them weed free but the reference is to an old working plan. It is suggested this condition is amended to omit the reference to the working plan. The suggested rewording of the condition is:

“All storage, topsoil and amenity bunding shall be seeded with a native wildflower grass mix in the first planting season following their construction and maintained thereafter to prevent the invasion of noxious weeds.” Condition 39

2.19 The condition refers to landscaping works for the quarry as per the original working scheme. The extension proposals provide for landscaping across the whole site. It is proposed to amend the condition to refer to the new landscaping scheme. The suggested rewording of the condition is:

“Landscaping will be carried out in accordance with the details shown on approved drawing no 451-02.” Environmental Impact Assessment

2.20 The proposed mineral development falls within that detailed in Schedule 2,

Section 2 ‘Extractive Industry (a) Quarries, open-cast mining and peat

extraction (unless included in Schedule 1); all development except the construction of buildings or other ancillary structures where the new floor space does not exceed 1,000 square metres.’ of the Town and Country Planning (Environmental Impact Assessment) Regulations 2011. The County Council screened the proposal and published its formal opinion on 7th March 2013 that the proposal to vary planning conditions were not considered to have significant environmental effects and does not require an environmental statement to submitted along with the planning application.

3.0 PLANNING HISTORY 3.1 The first recorded planning permission for stone quarrying at an existing stone

quarry was granted on 7 October 1949 to Elliott Brothers (Cheltenham) Limited under planning reference CD.202. Planning permission was granted on 7 September 1956 for an extension to the site area under reference CD.202A and a further site extension was permitted under planning reference CD/202B on 1st January 1959. All three planning consents cover the existing site area. By 22 January 1996 the land at Syreford Quarry was classified as a “dormant site” under the provisions on the Environment Act 1995.

Legislative Background

3.2 The Environment Act 1995 introduced new requirements for an initial review

and updating of old mineral planning permissions and the periodic review of all mineral permissions thereafter. Sites to be reviewed were classified as ‘active’ or ‘dormant’ for the purposes of review. The ‘dormant’ classification was used to define quarry sites where there had been no substantial working between 22nd February 1982 and 6th June 1995. Syreford Quarry was classified as dormant at the time of the Review of Mineral Planning Permission (ROMP) in 1998 by the applicant. The ROMP application was submitted by Cotswold Stone Quarries, the operator which set out the applicant’s proposed conditions at that time. The Mineral Planning Authority has the power to accept, modify or add further conditions and the applicant has the right of appeal. In this instance, the applicant submitted a set of conditions which were approved as permission reference CD/202.D dated 8th September 1998, including a condition which limited the life of the site to 10 years.

3.3 In May 2005 the applicant, Syreford Quarries and Masonry Limited acquired

the application site. On 23rd May 2007 the applicant’s agent wrote to the Authority contending that the ROMP permission under the 1995 Environment Act cannot require the cessation of working earlier than 2042. A Section 73 application to extend the life of the quarry until 2042 by varying a condition on CD.202.D was granted permission under planning reference 08/0066/CWMAJM dated 1st February 2013. This means the ‘existing site’ shown on the plan attached to this report has planning consent to continue extracting from the site until 2042. However, the Applicant’s have highlighted that the proposed extension to the site will enable mineral extraction to

continue as the usable mineral reserve on the existing site becomes exhausted.

3.4 Since the grant of permission in 1998, a number of the planning conditions on

planning consent CD.202D which required the submission of a scheme for approval or specific notification have been satisfied. The remaining extant planning conditions were included and updated on planning permission 08/0066/CWMAJM including a reinstated condition to improve site access surface drainage and passing places on the public highway.

3.5 An application for the submission of information pursuant to condition 15 of

08/0066/CWMAJM has been approved on 9th April 2013 under reference 13/0019/COMPLI. The condition required the resurfacing of the quarry access, installation of surface water drainage to prevent rainwater washing debris onto the public highway and the provision of 3 intervisible passing bays on the public highway to assist vehicles to pass in the country lanes safely.

3.6 A separate planning application for the extension of the quarry site onto

agricultural land to the north and east of the site boundary has been submitted under reference 12/0049/CWMAJM on 18th October 2012 but not validated until 11th February 2013. This planning proposal relies on the use of the existing quarry site for its access and the processing of material excavated on the extension site. The public consultation on this application has been carried out simultaneously with the extension site planning application. This section 73 application is to be considered in tandem with the site extension planning applications due to this interrelationship.

4.0 Planning Policy Framework

National Planning Policy

4.1 The National Planning Policy Framework (NPPF) issued on 27th March 2012 sets out the Government’s planning policies replacing most of the Planning and Mineral Policy Guidance and Statements with immediate effect. The NPPF is a material consideration in planning decisions and must be taken into account. Technical Guidance to the National Planning Policy Framework was issued to provide additional guidance to local planning authorities on flood risk and mineral planning.

4.2 The NPPF recognises that it is important to maintain a steady supply of

material to provide infrastructure, buildings, energy and goods that the country needs. Paragraph 144 states that local planning authorities should provide for the maintenance of landbanks of non-energy minerals from outside National Parks, the Broads, Areas of Outstanding Natural Beauty and World Heritage Sites, Scheduled Monuments and Conservation Areas. When determining planning applications local planning authorities should ensure that in granting planning permission for mineral development that there are no unacceptable adverse impacts on the natural and historic environment, human health or aviation safety and take account the cumulative impact or multiple impacts

from individual sites and/or from a number of sites in a locality. Paragraph 143 requires that worked land is reclaimed at the earliest opportunity and that high quality restoration and aftercare of mineral sites should take place including for agriculture, biodiversity, native woodland and recreation.

4.3 As set out in the NPPF and in paragraph 20 of the Technical Guidance it

states that Mineral Planning Authorities are expected to ensure that plan proposals do not have an unacceptable adverse effect on the natural or historic environment or human health. Residents living close to mineral workings may be exposed to a number of environmental effects and particular care should be taken in respect of any conditions they attach to a grant of permission for working in proximity to communities.

4.4 The NPPF makes it clear that unavoidable dust emissions are controlled, mitigated or removed at source. A dust assessment study should be undertaken by a competent person. The NPPF Technical Guidance advises that the scope of such assessment should be agreed with the MPA and sets out the key stages of a dust assessment study including the establishment of baseline conditions around the site, identification of activities that could lead to emissions, mitigation measures and monitoring compliance.

4.5 The NPPF makes it clear that MPA should ensure that unavoidable noise emissions are controlled, mitigated or removed at source. It is recognised that MPA should also establish appropriate noise limits for extraction in proximity to noise sensitive properties. Those making development proposals should carry out a noise emission assessment which identifies all sources of noise and mitigation control measures and aim to establish a noise limit subject to a maximum of 55dBA LAeq 1 hour (free field) although temporary daytime noise limits of up to 70 dBA for periods of up to 8 weeks in a year should facilitate site preparation work where it would bring some longer term benefits to the site or its environs.

4.6 Paragraph 109 of the NPPF states that the planning system should contribute to and enhance the natural and local environment by preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of water pollution. Paragraph 121 also states that planning policies and decisions should ensure that adequate site investigation information, prepared by a competent person, is presented.

Gloucestershire Minerals Local Plan 1997 – 2006 - Adopted April 2003.

4.7 Section 38 (6) of the Planning and Compulsory Purchase Act 2004 indicates that the Gloucestershire Minerals Local Plan’s status as part of the development plan for Gloucestershire must be considered. Following the direction by the Secretary of State on the 18th September 2007, certain policies from the Minerals Local Plan have been ‘saved’ until replaced by the Minerals Core Strategy. The Minerals Core Strategy has been through two stages of consultation of options in 2006 and again in 2008 of the preferred options. The next stage is to consult on the potential mineral sites which are

scheduled to take place in December 2013. The following ‘saved’ policies of the Minerals Local Plan are considered generally consistent with the NPPF and relevant to the determination of the proposed development:

Policy E2: Mineral development within Areas of Outstanding Natural Beauty will only be permitted in exceptional circumstances. Proposals will need to demonstrate that the following criteria can be met:

1. there is an overriding national need for the mineral; 2. it is in the public interest; 3. it does not adversely affect the local economy; 4. there are no less environmentally constrained alternative sources of supply which could be developed at reasonable cost;

5. it can be shown that any adverse visual and landscape impacts of the development can be mitigated by the imposition of conditions and / or through planning obligations; and

6. that landscapes can be restored and, where possible, enhanced in the longer term.

4.8 This policy is considered compliant with paragraph 28 and 144 of the NPPF, however supporting the rural economy should be considered with more weight in the exceptional circumstance requirement. The policy appears compliant with Technical Guidance paragraph 33 requiring that planning authorities should provide for restoration and aftercare at the earliest opportunity.

Policy E10: In determining proposals for mineral development, the Mineral Planning Authority will be guided by the contribution to local biodiversity and where appropriate will seek long-term overall enhancement to local biodiversity through restoration or by other means i.e., by the attachment of conditions or negotiation of planning obligations.

4.9 This policy is considered compliant as weight is retained in paragraph 118 of the NPPF. EU Habitat Regulations and other protection under legislation still apply.

Policy E16: The contribution or impact that proposals for mineral development are likely to make to the social and economic well-being or otherwise of local communities will be a material consideration in assessing their suitability.

4.10 This policy is considered compliant with the NPPF as the economy element is given more weight by paragraph 19 NPPF. However in paragraph 21 of the Technical Guidance refers to the need to take account as far as is practicable of the potential impacts on the local community over the expected duration of operations.

Policy E17: Mineral development, which affects defined public rights of way, will only be permitted if provision is made for an appropriate diversion unless, in exceptional circumstances, the Mineral Planning Authority considers that such a diversion is not required. Wherever possible long-term reinstatement or suitable replacement of public rights of way will be secured. In addition, the Mineral Planning Authority will not permit proposals, which are likely to materially affect National Trails.

4.11 This policy supports paragraph 75 of the NPPF which refers to the protection of rights of way. Policy E19: Proposed mineral development will not be permitted where the method of transporting minerals will give rise to an unacceptable impact on the local environment. Mineral operators must demonstrate, by a detailed transport appraisal, that the safest and least environmentally damaging methods of transporting minerals from extraction / production sites to markets, that are practically achievable, are used.

4.12 This policy is generally in conformity with the NPPF. Paragraph 32 of the NPPF explains that development should not be prevented or refused on transport grounds unless the residual cumulative impacts are severe.

Policy E20: Mineral development will only be permitted when the provision for vehicle movement within the site, the access to the site, and the condition of the local highway network are such that the traffic movements likely to be generated by the development would not result in unacceptable impact on highway safety, the effective operation of the road network, residential amenity or the local environment. In assessing the likely impact of traffic movements, account will be taken of any highway improvements, traffic management or other mitigating measures which may be provided in association with the development.

4.13 This policy is generally in conformity with the NPPF. Paragraph 32 of the NPPF explains that development should not be prevented on transport grounds unless the cumulative residual impacts are severe. Policy R1: Proposals for mineral development will only be permitted if they are accompanied by a reclamation scheme that provides for the following matters to be taken into account:

1. the site will be operated to ensure that the proposed reclamation scheme will be successful;

2. waste materials arising from the extraction of minerals on site are utilised to restore the site;

3. the restoration is completed at the earliest opportunity and, where practicable, progressive restoration is carried out;

4. other measures to minimise the disturbance to adjacent land-uses are included;

5. harm arising from traffic generated by the reclamation is minimised; 6. the surrounding topography is considered to ensure that the site is

sensitively reclaimed in keeping with the character of the local area; 7. where appropriate, measures to protect local, regional and national sites

of acknowledged importance are included; and 8. the reclamation of the site provides for environmental and landscape

enhancement as guided by Policy R2 of this Plan.

4.14 This policy is consistent with the NPPF and Technical Guidance which recognises the need for reclamation at the earliest opportunity under paragraph 143 of the NPPF and 33 of the Technical Guidance. Policy R2: Mineral operators will be required to facilitate realistic proposals for after-use as part of the reclamation scheme. Proposals will, where appropriate: 1. enhance the local character of the area; 2. benefit the local community; 3. support and diversify the local economy; 4. improve the local environment by providing increased public access to the

countryside and recreation and creating public open space; 5. support and enhance national, regional and local biodiversity; 6. restore best and most versatile agricultural land back to grade; and 7. be innovative. All after-use proposals must be acceptable in terms of traffic impact, both on the highway and on local communities.

4.15 This policy is compliant with NPPF Technical Guidance paragraph 33 and paragraphs 36-43 of the NPPF, bolstered by paragraph 49-51 in some circumstances. Policy DC1: Mineral development will only be permitted where the applicant has demonstrated, to the satisfaction of the Mineral Planning Authority in consultation with other relevant pollution control agencies, that any potential adverse environmental and / or pollution effects are capable of satisfactory control and / or mitigation, or elimination.

4.16 This policy is considered compliant in combination with paragraph 144 of the NPPF and paragraph 20 – 31 of the Technical Guidance.

Cotswold District Local Plan 2001-2011

4.17 Section 38 (6) of the Planning and Compulsory Purchase Act 2004 indicates that the Cotswold District Local Plan’s status as part of the Development Plan must be considered. The following ‘saved’ policy is relevant to the proposed development and is consistent with the general thrust of the NPPF and paragraph 120:

Policy 5 – Pollution and Safety Hazards 1. Permission will not be given for development that:

(a) would result in an unacceptable risk to public health or safety, the

environment, general amenity or existing land uses because of its location

or due to the potential pollution of air, water, land or sky;

(b) is likely to cause significant noise nuisance, unacceptable light levels

and spillage, vibration, dust or smell, particularly if this is likely to harm an

existing business or other neighbouring land use; or

(c) lies within a protected area around sewage treatment works or similar

installations.

2. The Council will seek, through conditions on planning permissions or legal

agreements, to control the construction and operation of any development

to minimise levels of pollution, of whatever type, and risk to:

(a) Public health or safety;

(b) The environment;

(c) General amenity; or

(d) Existing land uses

5.0 REPRESENTATIONS 5.1 The proposal was advertised jointly with planning application

12/0049/CWMAJM for the extension site by a site notice dated the 20th March 2013 and a public notice was placed in the Gloucestershire Echo on 21st March 2013. The closing date for comments was the 11th April 2013. Eight letters were sent to the nearest residents to notify them of the application.

5.2 Three objections to the application by local residents have been received giving the following reasons:

• Increase in traffic as a result of increased employment and visitors coming to

and leaving the site.

• Anticipated increase in size of HGV lorries causing obstructions in narrow

lanes and road damage.

• Existing conditions on the planning permission still haven’t been satisfied and

there is little confidence in any new conditions being met or adequately

monitored.

• Intolerable increase in noise due to the addition of a cutting shed.

• Debris and dust being left on the road.

• Risk of injury to road users particularly children on bicycles.

• Environmental issues and harm to the water table and water abstraction at

nearby pumping station.

• Increase in dust and degradation of air quality on health.

• Damage the character of the hamlet and quiet way of life.

6.0 CONSULTATIONS 6.1 Councillor Paul Hodgkinson was consulted following his election in May 2013 after

taking the seat from Councillor Fiona McKenzie who was notified of the application in March 2013.

6.2 Councillor Hodgkinson has commented on planning application 12/0049/CWMAJM

that local residents would prefer quarrying to continue on the existing site but for the extension not to be permitted. He is not in favour of the process of commercialisation of the countryside and of the opening up of a whole new stretch of quarry. The size of lorries which already go in and out of the quarry are large – the narrow country lanes are unsuitable for 10 – 16 tonne lorries. Syreford has blind bends, steep hills and no speed limit. How would the number and size of loads be monitored? The plans to increase the size of the quarry including the installation of a stone cutting facility will harm the AONB. The increase in noise and the debris and dust being left on the road are of serious concern when set in the context of the AONB. Cotswold District Council:

6.3 The District Council including the Environmental Health Officer has assessed

the information and raises no objection to the proposal subject to a condition requiring the submission of a dust suppression scheme.

Whittington and Syreford Village Meeting: 6.4 The Parish Meeting has no objection to this application subject to assurances

that current and future planning conditions will be closely monitored and rigorously enforced.

6.5 The Parish Meeting dispute the statement in the application to the effect that

the site is not visible from any public road, footpath or bridleway when the site can in fact be seen from all three including the A40 which is at least 2 miles away.

Andoversford Parish Council: 6.6 No response was received from the neighbouring Parish Council to the

consultation.

Sevenhampton Parish Council: 6.7 No response was received from neighbouring Sevenhampton Parish Council.

Environment Agency:

6.8 The Environment Agency provided a response to planning application

12/0049/CWMAJM for the proposed extension site which also applies to the existing site. Their hydrological consideration included the proposed removal of condition 12 that restricted the depth of working to a maximum depth of 190 metres AOD. Following the receipt of revised Hydrogeological Assessment information, the Environment Agency finds the consultant’s recommendations in the report acceptable from a groundwater quality perspective and that the proposals for long term groundwater monitoring should ensure that the mining activities do not result in any unacceptable impacts on the water environment, including the public water supply at Syreford pumping station. A condition requiring the implementation of a groundwater monitoring strategy is recommended. This accords with paragraph 109 of the NPPF which states that the planning system should contribute to and enhance the natural and local environment by preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of water pollution. NPPF paragraph 121 also states that planning policies and decisions should ensure that adequate site investigation information, prepared by a competent person, is presented.

Cotswold Conservation Board

6.9 Cotswold Conservation Board has not responded to the consultation. Thames Water Utilities Ltd

6.10 Thames Water has no objection to the proposal subject to the implementation of the proposed monitoring strategy to ensure a good understanding of the groundwater regime and the seasonal fluctuations are known before the quarry reaches the proposed depth.

6.11 Thames Water advise that they are concerned over the suggested removal of

condition 12 and suggest that instead condition 12 is reworded to state : No abstraction shall take place at a depth greater than 15.25 metres below each

contour as illustrated on the drawing GCC1 and shall not exceed a depth of 176 metres AOD at any point across the site.

6.12 Based on this reworded condition it may be necessary to revise the reasons for the

condition as the revision of minimum depth ignores any historical context in the original

planning decisions. Any change in condition 12 should be accompanied by a change to condition 30 such that it reflects the change to the monitoring network (based on the response to the extension site application: 12/0049/CWMAJM).

7.0 PLANNING OBSERVATIONS Planning Considerations 7.1 The proposals in this application are the amendment and deletion of fourteen

planning conditions on planning reference 08/0066/CWMAJM for the variation of condition 2, permitting an extension of time in which the existing quarry can be worked until 2042. The application applies to the conditions brought forward and updated from the original permission reference CD.0202.D in 1998.

7.2 The application is made under section 73 of the Town and Country Planning

Act 1990 which allows applications to be made for permission to develop land without complying with a condition(s) previously imposed on a planning permission. The Local Planning Authority can grant such permission unconditionally or subject to different conditions or they can refuse the application if they decide the original conditions should continue. The original planning permission will continue to subsist whatever the outcome of the application under section 73 and the applicant may choose whether or not to implement the new permission.

7.3 The erection of a cutting shed on the site has formed part of the permission

for the site since the 1998 ROMP and the erection of the cutting shed has been subject to further details being provided by planning conditions on permission CD.0202.D as updated by 08/0066/CWMAJM. The operator has chosen not implement this part to the permission to date and currently sends stone for cutting to customer specification to his processing building at Guiting Power.

7.4 The reason for the submission of this application to vary fourteen further

conditions of planning permission 08/0066/CWMAJM is to harmonise the conditions applying to the existing quarry site, which overlap with the adjacent extension site under planning reference 12/0049/CWMAJM should that development be approved. This submission included a revised working and restoration plan of how the different phases would be extracted and then restored, as well as a revised position for the cutting shed and bund.

7.5 In the event that planning permission for the extension site (Reference:

12/0049/CWMAJM) is refused, the applicant may withdrawn this application, leaving the existing conditions of 08/0066/CWMAJM extant. The permission already includes a cutting shed which can be implemented in the currently approved location without further approval from the MPA. As 15 years have elapsed since the last review of planning conditions of the existing quarry site under permission reference CD.0202/D (as updated by 08/0066/CWMAJM), a further periodic review of the conditions is required under the Environment Act

1995 of the site since 1999. The Mineral Planning Authority has agreed that the periodic review can be deferred for a period of 12 months pending the decisions on this and the adjacent extension site planning applications.

7.6 The material considerations in determining this application for the variation of

14 conditions on the existing quarry site are the impact of noise and dust from the introduction of stone processing on the site, the impact on public drinking water supplies, highway safety and visual impact on the landscape and rural character. Other issues raised by objectors are the lack of enforcement of the planning conditions of the consent issued in 1998 by the Mineral Planning Authority.

7.7 Since operations commenced on the site in February 1999, the previous

operator submitted information to satisfy a number of the updated planning conditions which were imposed on the Review of Mineral Permission CD.202.D to ensure that the operations on the site complied with modern working practices. Soil bunds and landscaping around the perimeter of the site have been provided to limit some views into the working area of the site. On-going planning conditions that apply for the duration of development limit the production from the quarry to 1,200 tonnes per month, the size of HGV to

16 tonnes, the number of lorry movements and the route to be taken from the site. No blasting or crushing of material is permitted on the site. Hours of operation and noise levels from operations on the site are also limited by condition. Between the hours of 0800 and 1800 noise levels arising from the development are restricted to 50dB (A)(LAeq) at Trenfield House. All these conditions will continue to apply and are not proposed to be amended in this application.

7.8 The proposal to amend condition 5 relating to the phased working of the site and plan references has been accepted although it is recommended that the condition lists all the relevant plans with some additional wording for clarity. The variation to the working on the site impacts on condition 13 requiring a 10 metre standoff from the northern boundary. In the event of the approval of the extension site that would permit extended working through this boundary, it is agreed that this condition can be amended to remove reference to the northern boundary. Condition 14 relating to waste material being deposited on the site is also agreed as proposed in the event of the extension site being agreed, as this would involve some materials being moved between the two sites, although the overall balance of soils will remain the same. The proposed amendment to the soil storage amenity bunds in condition 35, 36 and 38 are accepted and renumbered 33, 34 and 35 in section 8 of this report. It is agreed that condition 37 can be deleted with the agreement to working the extension land. Stone Processing Building

7.9 The introduction of this building on the site and the stone cutting activity within it has raised objections from local residents and the Parish Meeting during the publicity of this application concerned at the industrialisation of the countryside and the potential for noise and dust.

7.10 Whilst the introduction of the stone processing building appears to introduce a

new activity onto the site, the principle of the erection of a building for this purpose has been accepted by the MPA since the approval of the 1998 ROMP application. The operator has not until now chosen to implement this aspect of the permission, sending block stone from Syreford Quarry for cutting to customer specification to another site. This application includes the proposal to amend the location of a stone processing building on the site. The outcome of this application does not affect the operator’s right to erect a stone processing building on the site in the originally agreed location without further permission. The amendment of planning condition 7 concerning the external appearance of the stone processing building has been accepted as proposed by the applicant. The applicant’s proposed combination of conditions 31 and 32 relating to the foul discharges from the stone cutting building is accepted as proposed and has been renumbered condition 30.

7.11 The amendment to condition 8 relating to the installation of a weighbridge has been accepted as proposed by the applicant. Noise from stone processing

7.12 The concerns raised in the objections from local residents relate to the impact from a potential increase in activity on the site particularly from noise and dust from the stone processing building on their lives and character of the village. The applicant submitted an environmental noise impact statement prepared by Barnhawk Acoustics for the extension to the quarry which included the assessment of impact of noise from processing of stone on the existing quarry site on the nearest dwellings. The report provides a technical assessment based on noise measurements at Trenfield House, Coln and Wood Cottages. The acoustic consultant took measurements of the stone cutting operation at the applicant’s stone processing building at Guiting Power where stone cutting operations and working practices would be virtually identical to those which would be carried on within the processing shed on the existing Syreford site. The stone cutting saws at Syreford would be housed in partial acoustic enclosure and surrounded on the south side by an acoustic earth bund. The consultant was of the view that the building’s orientation siting of the processing building behind a sound bund, taking account of the site’s natural contours, use of internal sound proofing of walls and roof of the processing building would optimise noise reduction in the direction of the nearest dwelling: Trenfield House.

7.13 The NPPF makes it clear that the MPA should ensure that unavoidable noise emissions are controlled, mitigated or removed at source. The Technical Guidance at paragraph 30 advises MPA to establish a noise limit at noise sensitive properties subject to a maximum of 55dB (LAeq) during normal working hours. A noise condition number 25 attached to the existing planning permission for the existing site already limits the noise at the boundary of Trenfield House to 50 dBA (LAeq,1hr). This planning condition is not proposed to be amended in this application. The noise consultants are satisfied that

noise from the processing operation and in combination with other noise from the site will be within the limit set by the NPPF and the planning condition. Dust from stone processing

7.14 Concerns have been expressed by local residents about an increase in dust from the introduction of processing of stone on the site. Fugitive dust from the stone processing can be mitigated through the activity taking place within an enclosed building and the use of water in the cutting process which is reused. Some stone cutting already occurs on the site within a partially enclosed shelter without causing a dust nuisance outside the existing quarry boundary. The District Environmental Health Officer recommends a planning condition is imposed on any planning permission requiring the submission of an updated dust suppression scheme for approval, identifying all sources of airborne dust pollution on the site stating the control methods to be used to ensure that no visible particulate matter shall be emitted beyond the site boundary. The implementation of an effective dust suppression scheme would mitigate the negative impact of stone processing on the environment in accordance with Policy DC2 of the Gloucestershire Minerals Local Plan and Policy 5 of the Cotswold District Local Plan. New planning condition 23 is recommended to control dust emissions from the site. The proposal to amend condition 34 and the position of mobile plant storage is accepted and has been renumbered 32 with an updated drawing reference.

Impact on groundwater

7.15 The site is located in a Groundwater Source Protection Zone which provides

drinking water supplies and sensitive to groundwater pollution. A Hydrogeological Assessment was submitted with the planning application for the extension site that includes the existing site and borehole data logs. This report included the consultant’s recommendation that the existing ‘Borehole 2’ located close to the site entrance should be replaced by a deeper well with a depth of at least 169 metres AOD for more accurate assessment of the water table and water quality. Groundwater monitoring data from the two boreholes is currently sent to Thames Water on a regular basis by the applicant.

7.16 Thames Water has no objection to the proposal subject the implementation of the proposed monitoring strategy but would like to see a maximum depth of excavation stipulated by condition as 176 metres AOD in order to protect the water table. The applicant proposed that condition 12 be deleted as it was thought to be unnecessary. In light of the Water Company’s views it is recommended that a reworded condition 12 be used with updated drawing references.

7.17 The Environment Agency has commented on the revised Hydrogeological Assesment in relation to the extension site, that they are satisfied that the provided that the recommended monitoring reports are undertaken and any contingency action that is necessary in the future is undertaken that the proposals comply with the NPPF. A condition is recommended to secure the report’s recommendations and the necessary mechanisms for groundwater

monitoring. Through the continued implementation of groundwater monitoring in the two boreholes on the site any detrimental impacts of operations on public water supply can be minimised and managed. A new planning condition 29 is recommended requiring the submission of groundwater monitoring scheme.

Impact on landscape 7.18 The application site is located within the Cotswold Area of Outstanding

Natural Beauty and the quarry face is clearly visible from long distance views to the east, although less visible from many public vantage points closer to the site. At the time of the Review of Mineral Permission in 1998, the Mineral Planning Authority imposed conditions requiring the progressive restoration and landscaping the site, which has not occurred. The approval of quarrying on the extension land to the north east under planning reference 12/0049/CWMAJM would prolong the period in which the existing quarry site could be fully restored as the existing site entrance and processing area on the existing quarry site would be continued to be used until all the stone in the extension area was also extracted.

7.19 Landscaping and restoration plans for the extension area includes those

areas of the existing site which have already been worked. Proposals show restored limestone grassland pasture and native copse and hedgerow planting. The amount of soil available on the site for restoration is limited and in order to avoid the importation of waste material to the site, the plan retains areas of exposed rock faces. Gloucestershire Geological Trust is satisfied with the conservation of these geological exposures as this is of geological and the retention of small quarry benches facilitates access to the faces for educational interest. Government guidance recognises the need for mineral development in areas of high landscape value and this has in turn been reflected in Gloucestershire Mineral Local Plan Policy E2 as high quality limestone for building is found in the AONB. Information supplied with the ROMP in relation to need for the mineral and the availability of alternative supplies are still applicable today. The provision of a restoration scheme is compliant with the NPPF and Technical Guidance in paragraph 33. It is considered that the proposal would accord with Policy E2 of the Gloucestershire Minerals Local Plan as a restoration scheme would enhance the AONB and visual impacts could be mitigated with the appropriate landscape screening.

7.20 There is also concern about the impact of the stone processing building would have on the special landscape value of the area. The location of the building within the site in addition to screening bunds and landscape around the site would provide screening for the building which would not be dissimilar to many agricultural buildings in appearance. Therefore, it is not considered that the development conflicts with Policy E2 of the Minerals Local Plan.

7.21 The proposed amendment to condition 39 refers to the updated landscape plans which is accepted and has been renumbered 36 in Section 8 of this report. A new condition number 38 is now recommended that requires the

submission of a landscaping and aftercare scheme based on the landscape drawings which have been submitted. A new condition 39 also secures the restoration of the site in the event that mineral working ceases before all the mineral is worked. Highway Safety

7.22 The residents of Coln Cottage, located further south and east of the site,

within the hamlet of Syreford have said that they have learnt to live with the day to day operations at the quarry. They consider that as the quarry operates with just a few people and a small amount of traffic each day “This amount of activity can be just about handled as the village road is narrow and passing is done with caution and by pulling over.” Residents do however refer to quarry debris on the road “making its way to the bottom of the road in wet conditions” making it a hazard for the cyclist.

7.23 This application to vary the planning conditions relating to the operations of

the existing site would not result in additional vehicular movements to and from the public highway above 8 HGV movements per day currently permitted. The Mineral Planning Authority were satisfied in February 1999 that the condition relating to the creation of a new site access, construction of vehicle passing bays and erection of directional signage on site had been discharged. However after 12 years, there has been some deterioration in the road surface of the site access which required further maintenance work to ensure their effectiveness. An updated planning condition was reimposed on planning permission 08/0066/CWMAJM requiring resurfacing of the site access, installation of surface water drainage and construction of intervisible passing bays on the route from the site to the A436. The site operator submitted details for approval which was granted by the MPA on 9th April 2013. These works should ensure the maintenance of the continued effectiveness of the mitigation measures to control traffic movements and highway drainage in the public interest for the life of the quarry.

7.24 The variation of planning conditions does not propose any increase in traffic or output of the site. The extant planning conditions of the 1998 permission, as updated by permission reference 08/0066/CWMAJM would continue to apply to the operations of the site in order to protect amenity of the area and protect against adverse impacts of the operations until reviewed or superseded by another planning permission.

7.25 Notwithstanding objections relating to mud on the road and noise made last year to the application for the variation of condition under reference 08/0066/CWMAJM to extend the life of the quarry, no complaints have been received since quarrying recommenced on the site in 1999. The operator has now improved the visibility at the site access, installed a surface water drainage to prevent rainwater washing debris onto the pubic highway, provided new passing places on the highway and fitted noise cancelling bleepers to prevent nuisance from the sound of vehicles reversing. I consider that provided the operator continues to act within the provisions of the planning conditions imposed, that the level of activity on the site is not

sufficient to have an adverse impact on nearby residential properties by virtue of noise, dust or traffic generation. The operations are considered to be NPPF compliant in that noise and dust emissions are controlled and mitigated in accordance with paragraph 20 of the Technical Guidance. It is not considered that the development would be contrary to Policy E19 and E20 of the Gloucestershire Mineral Local Plan, as it would not have an unacceptable effect in terms of impacts on surrounding highway networks, residential amenity or the local environment. Development Plan

7.26 The extraction of the remaining unworked limestone on the site would

contribute to the maintenance of a steady supply of material for building in accordance with the NPPF. While paragraph 144 refers to the need to maintain landbanks of non energy minerals on land outside AONB, minerals can only be worked where they are found. The greatest limestone resource in Gloucestershire is found in the Cotswold AONB. It is recognised that stone used for building plays an important role in the restoration of historic buildings where the stone has to fulfil specific physical characteristics. Stone quarried from certain geological formations can have restricted occurrence. The Gloucestershire Minerals Local Plan recognises that such sites are small with intermittent or low production output so that a long life is crucial to supply. Mineral extraction is considered to be a temporary activity, which for development in the AONB needs to satisfy the provisions of Policy E2 of the Mineral Local Plan.

7.27 The need for the building stone is found in the built fabric of the AONB.

Cotswold limestone has been quarried for buildings since Roman times and gives the area its distinctive character. The use of compatible stone products is critical for the repair and restoration of historic buildings and for new development within the AONB, avoiding the use of inappropriate materials which would erode the landscape character of the AONB. The limestone from Syreford is of high grade and highly sought after for local development and for the restoration of some nationally important buildings where matching colour and technical characteristics of stone is important where the original source material is no longer available. There is much recognition of the difficulties of supply of natural building stone and English Heritage state the reduction building stone sources jeopardises the local distinctiveness of historic building and their environment, leading to alternative mass produced products which have travelled long distances. The quarry’s current annual production of around 10,000 tonnes equates to nearly one quarter of the limestone building and roofing stone for the whole of Gloucestershire. This confirms the importance of Syreford stone and its loss would have a substantial impact on the ability to maintain the AONB and Britain’s important buildings.

7.28 Government policy seeks to promote the diversification of the rural economy,

maintaining sustainable levels of economic growth and employment. Quarrying is a rural business and is acknowledged to be one of the main economic activities in the AONB together with tourism and agriculture. The

continued operations at the quarry site will secure the jobs of 16 employees of the company and contributes to the local economy.

7.29 There are a number of quarries in the AONB which could supply building

stone materials. Approximately half are located in the areas where there are Inferior Oolite deposits of the same type as Syreford. The main building stone products are roofing, walling, building and block stone which are produced from different limestone strata and no quarry will produce all four products. The colour characteristics of limestone also varies and almost every site produces its own distinctive colour which is important in restoration when matching materials. Syreford Stone is the only light white stone in the Cotswold. The limestone resource extends beyond the county boundary but there are no building stone operations in adjacent Counties, which also have their own need to supply locally sourced building stone. The Minerals Local Plan recognises that variability of individual limestone beds mitigates against the identification of the resource in the development plan so that less environmentally constrained alternative sources of supply would be difficult to identify or develop at reasonable cost. The Minerals Local Plan notes that ‘future reserves are likely to be found at existing sites’.

7.30 The proposed restoration of the site would be to calcareous grassland

characteristic of the Cotswold with strengthened boundary features and areas of planting which will benefit wildlife and contribute towards national and local Biodiversity Action Plan targets. The quarry’s location is also strategically placed adjacent to the Whittington Strategic Nature Area (SNA) where biodiversity action and habitat creation will be focussed. The loss of the field’s semi-improved grassland with few scarcer species of wildflower in order to extract the limestone would bring the benefit of restoration to a more extensive species rich grassland, wildflower grassland woodland copse and hedgerow planting. The landscape can be restored and enhanced in the longer term in accordance with Minerals Local Plan policy E10 and is consistent with paragraphs 109,115,116 and 118 of the NPPF as the proposals provide adequate landscape mitigation through the implementation of the landscape scheme for the site.

7.31 This proposal would accord with the Development Plan by virtue of the fact

that the effects on neighbouring users in terms of noise and dust can be mitigated through the implementation of appropriate management systems whilst ensuring the continued operation of the quarry will lead to appropriate restoration of the land. It is considered that the proposal would contribute to the objectives and guidance principles as detailed in NPPF and would not be to the detriment of water supply and impact from the development would be minimised. Therefore, the proposal is not considered to be contrary to the objectives of Development Plan policies.

Other considerations:

Planning Enforcement

7.32 Objectors have expressed concern at the lack of action by the Mineral Planning Authority in enforcing existing planning conditions on the site. Whilst a decision has been taken to suspend the routine monitoring of mineral sites due to a lack of staff resources where complaints have been received these have been quickly acted upon. Problems of mud on road highlighted to us in the form of objections to the previous planning application have resulted in prompt action by the operator to remedy problems and the resurfacing of the site access. The Town and Country Planning Acts give the Mineral Planning Authority the authority to impose and enforce planning conditions. It is for the Mineral Planning Authority to determine the necessity of imposing a planning condition in accordance with government guidance in Circular 11/95. Through this current application along with the submission of a revised working and restoration plan the Mineral Planning Authority has now received a scheme which we will try to ensure that the operator complies with these requirements using the powers and resources available.

Human Rights 7.33 From 2nd October 2000 the Human Rights Act 1998 has the effect of

enshrining much of the European Convention on Human Rights in UK law. Under 6(1) of the Act, it is unlawful for a public authority to act in a way, which is incompatible with a convention right. A person who claims that a public authority has acted (or proposes to act) in a way which is made unlawful by Section 6(1), and that he is (or would be) a victim of the unlawful act, may bring proceedings against the authority under the Act in the appropriate court or tribunal, or may rely on the convention right or rights concerned in any legal proceedings.

7.34 The main Convention rights relevant when considering planning proposals are Article 1 of the First Protocol (the peaceful enjoyment of property) and Article 8 (the right to a private and family life). Article 1 of the First Protocol guarantees the right to peaceful enjoyment of possessions and Article 8 of the Human Rights Act 1998 guarantees a right to respect for private and family life. Article 8 also provides that there shall be no interference by a public authority with the exercise of this right except in the interests of national security, public safety, or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the freedom of others.

7.35 Three objections have been received from local residents living close to the application site have objected to the planning application. These objections express concerns over an increase in noise and dust from the activity within the cutting shed and an increase in quarry traffic in this rural location. Planning conditions applied to the permission if correctly implemented should mitigate dust and noise from stone cutting which would be carried out within a building. The output of the quarry is not proposed to increase and traffic levels should not increase. All the extant planning conditions which are still pertinent to the development permitted under CD.0202/D and updated by 08/0066/CWMAJM will continue to apply to the operations until reviewed in 2014 or if consolidated into a new planning permission. It will be for the

Mineral Planning Authority to decide on the expediency of enforcing these planning conditions to ensure that the site operates without adversely affecting the amenity of local residents. For the reasons set out in ‘Planning Observations’ it is not thought there would be any breach of the convention rights. Even if there was to be an interference with convention rights then, in this case, it is thought that the interference would be justified for the economic well-being of the country by provision of an additional mineral resource with particular physical characteristics which has restrictive occurrence. Accordingly, it would not be unlawful to grant planning permission for this development.

Conclusions and summary reasons for grant of planning permission and relevant development plan policies

7.36 This Section 73 permission is concerned only with the quarrying operations of the existing Syreford Quarry site. The permission would amend the wording of 14 planning conditions of permission reference CD/0202/D, which was updated by permission reference 08/0066/CWMAJM, leaving the remaining extant planning conditions to control operations on the existing quarry site. The variation of planning conditions on permission CD/0202/D, as amended by 08/0066/CWMAJM will allow for the required change in working on the existing quarry site in order to accommodate the proposed future quarrying of land to the north and east of the existing site, which is subject to a separate planning application under reference 12/0049/CWMAJM. It is considered that the proposal would accord with the principles of the NPPF by maintaining a steady supply of building stone that the country needs.

7.37 The Whittington and Syreford Parish Meeting did not object to the proposals in

this application, although strongly opposed the erection of the stone cutting building on the existing quarry site in their response to the planning reference 12/0049/CWMAJM for the extension site. Whilst the principle of the processing building on the existing site was accepted by the MPA in 1998, the location of the building would be amended and would include the creation of an additional earth bund along the building’s southern elevation to mitigate noise from stone cutting operations. The location of the building within the site in addition to screening bunds and additional landscape around the site would provide increased visual screening for the building which would not be dissimilar to many agricultural buildings in appearance. A new condition requiring the submission of a scheme to mitigate the impact of dust emissions from stone cutting operations to an acceptable level to comply with NPPF Technical Guidance is imposed. The site will continue to be subject to a condition requiring groundwater monitoring and sampling which would ensure that drinking water supplies are protected and comply with Policy DC1 of the Gloucestershire Minerals Local Plan and Policy 5 of the Cotswold District Local Plan in that it would protect groundwater quality.

7.38 Three objections from local residents were received because of concerns

about an increase in noise, dust and traffic would have on their lives and character of the area. There is also concern that there is a lack of restoration of the quarry and its impact on the landscape value of the area. The output of

the quarry is not proposed to increase and traffic levels should not correspondingly increase. I am of the opinion that provided the site operates in accordance with the planning conditions of 08/0066/CWMAJM permission, that the operations on the site will not adversely affect the amenity of neighbouring users and will maintain the nature and aesthetics of the surrounding location. Potential pollution impact in terms of noise and dust can be mitigated through agreed working practices, enforceable through planning conditions. Therefore, it is not considered that the development conflicts with the Technical Guidance of the NPPF or Policy DC1 of the Minerals Local Plan.

7.39 The limestone from Syreford is of high grade and highly sought after for local development and for the restoration of some nationally important buildings. The continued operations at the quarry site will secure the jobs of employees of the company and contributes to the local economy. The quarry supplies building stone with particular physical characteristics which has restrictive occurrence. The Minerals Local Plan recognises that variability of individual limestone beds mitigates against the identification of the resource in the development plan so that less environmentally constrained alternative sources of supply would be difficult to identify or develop at reasonable cost. Landscape restoration plans demonstrate that the landscape can be restored and enhanced in the longer term and landscape impacts can be mitigated through the implementation of a landscape scheme for the site.

7.40 The working of the site makes a contribution to the social and economic well-being of local communities through prolonged activity and economic opportunity which is supported in the NPPF and also in Policy E16 of Gloucestershire Minerals Local Plan. I am of the opinion that permitting revised working on the existing site would assist the operator in maintaining a steady supply of material for building in accordance with the NPPF whilst securing the final restoration of the quarry site at the earliest opportunity in accordance with the principles of the NPPF and Policies R1 and R2 of the Gloucestershire Minerals Local Plan.

7.41 In determining this planning application, the Mineral Planning Authority has worked with the applicant in a positive and proactive manner based on seeking solutions to problems arising in relation to dealing with the planning application by liaising with consultees, respondents and the applicant/agent and discussing changes to the proposal where considered appropriate or necessary. This approach has been taken positively and proactively in accordance with the requirement in the NPPF, as set out in the Town and Country Planning (Development Management Procedure) (England) (Amendment No.2) Order 2012.

8.0 RECOMMENDATION 8.1 Should planning permission be granted for the extension of the quarry site

under planning reference 12/0049/CWMAJM, it is recommended that planning

permission be granted for the reasons set out in this report and summarised at paragraphs 7.36 – 7.41 subject to the following conditions: Conditions:

1 The development to which this permission relates (phases 1a and 2a) shall be begun not later than the expiration of 3 years beginning with the date of this permission. Written notification of the date of commencement of this permission shall be submitted to Mineral Planning Authority within 7 days of such commencement. Reason : To comply with the Section 91 of the Town and Country Planning Act 1990.

2 The permission hereby granted shall cease by 22 February 2042 or such

earlier date that mineral extraction ceases. Written notification of the date of cessation of working shall be sent to the Mineral Planning Authority within 7 days of such an event. Within 6 months from this date or such earlier date that mineral extraction ceases all buildings, plant and equipment shall be removed from the site, and the site shall be restored for the purposes of nature conservation in accordance with an agreed restoration plan.

Reason: To comply with the requirements of Section 72[5] of and paragraph

1 of Part 1 of Schedule 5 to the Town and Country Planning Act. 1990. 3 Only limestone for use in the production of natural building products shall be

extracted. Reason: To define the nature of the planning permission and in order that the

development is carried out in accordance with the details in the planning submission.

4 No crushing shall take place on the site. Reason: To define the nature of the planning permission and in order that the

development is carried out in accordance with the details in the planning submission.

5 The development for which this permission is hereby granted shall be carried

out in accordance with the drawings submitted as part of the application including : 000295/13r0 – Phase 1a and 1b, 000295/14/r0 – Phase 2a and 2b and 000295/15/r0 – End Phase 2a and 2b. The site shall be progressively restored and landscaped in accordance with drawings 451 – 02B – Landscape Restoration Proposals and 451 – 03A – Landscape Restoration Topsoil Requirements. There shall be no departure therefrom unless required by another condition of this permission.

Reason: To ensure that the development is carried out in accordance with the submitted details and to enable the Mineral Planning Authority to adequately control the development.

6 Notwithstanding the provisions of parts 19 and 21 of Schedule 2 of the Town

and Country Planning (General Permitted Development) Order, 1995 (or any Order amending, replacing or re-enacting that Order), no fixed plant or machinery, buildings or structures shall be erected, extended, installed or replaced on any part of the site hereby permitted without the consent of the Mineral Planning Authority.

Reason: To enable the Mineral Planning Authority to adequately control the

development and to minimise its impact of noise, dust and disturbance on residential properties in accordance with Policy DC1 of the Gloucestershire Minerals Local Plan.

7 Prior to the erection of the building shown on drawing reference 00295/13/r0

details of the elevations and external cladding shall be submitted to the Mineral Planning Authority for approval in writing. The building shall be installed in accordance with approved details and maintained until the cessation of mineral working.

Reason: To enable the Mineral Planning Authority to adequately control and

minimise the visual impact on the building on the local landscape in accordance with Minerals Local Plan Policy E2.

8 Prior to the installation of a weighbridge at the site, details of the weighbridge

and its location shall be submitted to the Mineral Planning Authority for its approval in writing. Any weighbridge installed shall be used to weigh Syreford Quarry stone only and not for any other use. The weighbridge shall be installed in accordance with plans approved and maintained for the duration of the development approved.


development and to minimise its impact of noise, dust and disturbance on residential properties in accordance with Policy DC1 of the Gloucestershire Minerals Local Plan.

9 The output of building, walling and masonry stone leaving the site shall not

exceed a level of 12,000 tonnes per annum, and shall not exceed 1,200 tonnes in any month.

Reason: In order to limit the impact of the development on the surrounding

highway network in accordance with Policy E19 of the Gloucestershire Minerals Local Plan.

10 The operator shall maintain records of their monthly production of all quarry

products and shall make them available to the Mineral Planning Authority at any time upon request. All records shall be kept for at least 5 years.

Reason: In order that the Mineral Planning Authority can monitor the output

of the site and in accordance with Policy DC1 of the Gloucestershire Minerals Local Plan.

11 Except in emergencies to maintain safe quarry working (which shall be

notified to the Mineral Planning Authority as soon as practicable), no vehicle shall enter or leave the site and no mineral extraction or other working shall take place other than between the hours of 08.00 to 18.00 Mondays to Fridays, and 08.00 to 13.00 on Saturdays. There shall be no mineral or other working and no vehicles entering or leaving the site on Sundays, Bank Holidays and Public Holidays.


development and to minimise its impact of noise and disturbance on residential properties in accordance with Policy DC1 of the Gloucestershire Minerals Local Plan.

12 No extraction shall take place at a depth greater than 15.25 metres below

each contour as illustrated on drawing reference: 000295/12/r0, 000295/13r0, 000295/14/r0 and 000295/15/r0, and shall not exceed a depth of 176 metres AoD at any point across the site.

Reason: In order to protect groundwater supply and prevent pollution of the

water environment in accordance with Policy DC1 of the Gloucestershire Minerals Local Plan and Policy 5 of the Cotswold District Local Plan.

13 No extraction shall take place closer than 15 metres from each of the south

and west boundaries and 10 metres from the north east boundary. Reason: So that the development is contained within its permitted boundaries

to avoid effects on surrounding land and to avoid affecting the restoration or subsequent afteruse of the site.

14 No waste material, other than mineral waste and soils arising at Syreford

Quarry as a result of quarrying activities, shall be deposited at Syreford Quarry.

Reason: To prevent pollution of the water environment in accordance with

Policy DC1 of the Gloucestershire Minerals Local Plan and Policy 5 of the Cotswold District Local Plan.

15 The site access shall be maintained in a good state of repair and in

accordance with drawing Sy/5A, dated April 1998, approved on 8th February 1999. The access shall be kept clean, free of mud and other debris at all times with surface water drainage operational to prevent water from running onto the public highway. The access shall be retained until the completion of the site restoration. The intervisible vehicle passing bays approved on 9th April 2013 shall be maintained at the agreed locations for the duration of the development.

Reason: In the interests of highway safety in accordance with Policy E20 of

the Gloucestershire Minerals Local Plan.

16 No access other than that shown on drawing reference: 000295/12/r0, 000295/13r0, 000295/14/r0 and 000295/15/r0 shall be used by traffic entering or leaving the site.


the Gloucestershire Minerals Local Plan. 17 The visibility splays at the site access shall be maintained free from

obstruction to a maximum height of 0.6 metres above the adjacent carriageway levels.


the Gloucestershire Minerals Local Plan. 18 Advance warning signs erected on either side of the quarry entrance on the

highway (class 3/98) indicating the existence of a works entrance shall be maintained as approved on 8 February 1999 in a good state of repair for the duration of the mineral extraction.


the Gloucestershire Minerals Local Plan. 19 A sign saying "All HGV's Turn Left" in the position shown on approved

drawing number Sy/5A dated April 1998 shall be maintained in good condition throughout the duration of mineral extraction on the site.


the Gloucestershire Minerals Local Plan. 20 The maximum size of lorry to be utilised in connection with the development

hereby permitted shall not exceed a carrying capacity of 16 tonnes. Reason: In the interests of highway safety in accordance with Policy E20 of

the Gloucestershire Minerals Local Plan. 21 No loaded lorries shall leave the site unsheeted except those only carrying

stone in excess of 500mm in size. Reason: In the interests of highway safety in accordance with Policy E20 of

the Gloucestershire Minerals Local Plan. 22 No commercial vehicles shall enter the public highway unless their wheels

and chassis have been cleaned to prevent material being deposited on the highway.

Reason: In the interests of highway safety and to prevent mud and dust

getting on the highway in accordance with Policy EC1 of the Gloucestershire Minerals Local Plan.

23 The site operator shall provide a written scheme of dust suppression which ensures that no visible particulate matter shall be emitted beyond the site boundary. The scheme shall identify all sources of potential “airborne” dust pollution on the site and state the control methods used. This management scheme shall be submitted to the mineral planning authority for approval within 3 months of commencement.

Reason: To protect the locality from the effects of any dust arising from the development in accordance with Policy DC1 of the Gloucestershire Minerals Local Plan.

24 No blasting operations are permitted within the approved quarrying area

shown on drawing reference: 000295/12/r0, 000295/13r0, 000295/14/r0 and 000295/15/r0.

Reason: To protect the locality from the effects of any noise, dust and

vibration arising from the development in accordance with Policy DC1 of the Gloucestershire Minerals Local Plan.

25 Between the hours of 08.00 and 18.00, the noise levels arising from the

development shall not exceed 50dB (LAeq) (1 hour), freefield at the nearest noise sensitive property (Trenfield House, Syreford).

Reason: To protect the locality from the effects of noise and disturbance

arising from the development in accordance with Policy DC1 of the Gloucestershire Minerals Local Plan.

26 All vehicles, plant and machinery operated within the site shall be maintained

in accordance with the manufacturer's specification at all times, and shall be fitted with and use effective noise cancelling equipment.

Reason: To minimise noise or disturbance from operations on the local

community in accordance with Policy DC1 of the Gloucestershire Minerals Local Plan.

27 External floodlighting and other illumination at the site shall be implemented

as approved on 8 February 1999 and maintained in good working order for the duration of the development.

Reason: To protect the visual amenity of the local environment in accordance

with Policy DC1 of the Gloucestershire Minerals Local Plan. 28 Any above ground storage tanks shall be sited on an impervious base and

surrounded by a suitable liquid tight bunded compound. No drainage outlet shall be provided. The bunded area should be capable of containing 110% of the volume of the largest tank and all pipes, draw pipes and sight gauges should be enclosed within its curtilage. The vent pipe should be directed downwards onto the bund.

Reason: To minimise the risk of pollution of watercourses and the aquifer in accordance with Policy DC1 of the Gloucestershire Minerals Local Plan and Policy 5 of the Cotswold District Local Plan.

29 No development should take place until a long-term monitoring and

maintenance plan in respect of contamination and groundwater protection has been submitted to and approved in writing by the Mineral Planning Authority. The Plan shall include a timetable for monitoring and subsequent submission of reports to the Mineral Planning Authority. Reports as specified in the approved Plan, including details of any necessary contingency action arising from the monitoring, shall be submitted to and approved in writing by the Mineral Planning Authority. Any necessary contingency measures shall be carried out in accordance with the details in the approved reports. Reason: To protect groundwater quality and the public water supply at Syreford pumping station in accordance with Policy DC1 of the Gloucestershire Minerals Local Plan and Policy 5 of the Cotswold District Local Plan.

30 Prior to the occupation of the stone processing building, a scheme shall be

submitted to the Mineral Planning Authority for its approval in writing setting out the arrangements for trade and foul drainage. The approved drainage arrangements shall be operational from the first day of occupation of the building and maintained for the duration of the relevant operations on site.”

Reason: To prevent the pollution of the water environment in accordance with


31 The method statement for the response to any spillage of fuel, oils or other

potentially polluting materials shall proceed in accordance with the measures agreed on 8 February 1999.



32 The storage area for vehicles and other mobile plant shall be as shown on the

area adjacent to the cutting shed shown in orange on drawing reference 00295/13r0.



33 Amenity bunding shown on the approved drawings 00295/13r0, 00295/14r0

and 00295/15r0 shall be completed in accordance with the phased implementation work and shall be maintained as approved for the duration of the development.

Reason: To protect the amenities of the local environment in accordance with Policy DC1 of the Gloucestershire Minerals Local Plan.

34 All remaining topsoil on site shall be retained and used in the restoration of

Syreford Quarry. Reason: In the interests of the visual amenity of the area and to ensure that

the restoration material is stored in a suitable manner for the eventual restoration of the site in accordance with Policy R1 of the Gloucestershire Minerals Local Plan.

35 All storage, topsoil and amenity bunding shall be seeded with a native

wildflower grass mix in the first planting season following their construction and maintained thereafter to prevent the invasion of noxious weeds.

Reason: In the interests of the amenity of the local area and to ensure that

the restoration material is stored in a suitable manner for the eventual restoration of the site in accordance with Policy R1 of the Gloucestershire Minerals Local Plan.

36 Landscaping shall be carried out in accordance with the details shown on

approved drawing no 451-02B and 451- 03A dated 10-06-2013. Reason: To comply with Section 197 of the Town and Country Planning Act

1990, to improve the appearance of the site in the interests of visual amenity, to screen the workings, and to assist in absorbing the site back into the local landscape in accordance with Policy R1 of the Gloucestershire Minerals Local Plan.

37 Trees, shrubs and hedges planted in accordance with the approved scheme

shall be maintained and any plants which within 5 years of planting 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.

Reason: In the interests of the amenity of the local area and to ensure the

development is adequately screened in accordance with Policy R1 of the Gloucestershire Minerals Local Plan.

38 Not later than one month after the date of the completion of extraction

operations within Phase 1a and 1b a detailed Landscape and Aftercare Scheme for the restoration of every quarry phase and its aftercare shall be submitted to and approved in writing by the Mineral Planning Authority. The detailed scheme shall provide for the following:

(i) A summary of all restoration and aftercare processes in progress or completed across the whole quarry site; (ii) The purpose, aims and objectives for the restoration of the quarry phase in relation to the whole quarry site concept drawing 451-02B and 451- 03A dated 10-06-2013, working phase drawings 00295/13 r0, 00295/15 r0 & 00295/14 r0; (iii) Selection of appropriate strategies for maintaining or introducing target habitats and landscape features including species-rich limestone grassland, wildflower grassland, hedgerows, woodland/copse and any exposed rock/scree faces; (iv) Description of opportunities to retain or expose earth heritage features; (v) Details for ground forming, soil, substrate, mineral, rock preparation and habitat and species establishment; (vi) Sources of soil forming materials, plant stock and other species introductions; (vii) Provisions for any public access and interpretation; (viii) Extent and location of proposed works shown on appropriate scale plans; (ix) Prescriptions and programme for initial aftercare of 5 years and long term management for a further 5 or more years; (x) The personnel responsible for the work; (xi) Timing of the restoration operations in relation to phased working of the mineral site overall; (xii) Proposals for monitoring the success of all restoration works; (xiii) Disposal of wastes arising from the restoration. The Scheme shall be implemented as approved by the Mineral Planning Authority. Reason: To conserve and enhance the environmental value and amenity of the land and in accordance with ODPM Circular 06/2005 plus National Planning Policy Framework paragraphs 109 and 118.

39 In the event of the cessation of winning and working of minerals prior to the

completion of the approved working, restoration and aftercare schemes, which in the opinion of the Mineral 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 restoration and aftercare, shall be submitted in writing to the Mineral Planning Authority within 6 months of the cessation of winning and working. The approved revised scheme shall be fully implemented within 1 year of the written approval.


development and to ensure that the land is restored to a condition capable of beneficial use in accordance with Policy R1 of the Gloucestershire Minerals Local Plan.

Advice Note :-

1. Planning permission 12/0049/CWMAJM for the extension land to the north of this site should should be read in conjunction with this planning permission. 2. The Highway Authority will seek to recover extraordinary maintenance payments for any identifiable damage to the highway caused by quarry traffic in accordance with the provisions of Section 59 of the Highways Act 1980. BACKGROUND INFORMATION: Planning Application file 13/0012/CWMAJW on Public Access website for accompanying plans, supporting information and consultation responses. Additional letters of representation are available to view in the planning file by appointment with the case officer below. CONTACT OFFICERS: Linda Townsend – Senior Planning Officer Telephone: 01452 426896 Email: [email protected] Gillian Parkinson- Deputy Head of Legal Services and Principal Lawyer Email: [email protected] Telephone: 01452 425212

Consultation History

Consultee Time taken

Cotswold District Council 12 weeks 4 days

Whittington and Syreford Parish Meeting

6 weeks 4 days

Sevenhampton Parish Council No response received

Andoversford Parish Council No response received

Environment Agency 46 weeks

Cotswolds Conservation Board No response received

Thames Water Utilities Ltd. 3 weeks 1 day

Time taken until determined on 19.9.13

47 weeks 5 days

APPLICATION NO: 13/0012/CWMAJM DISTRICT REF: … it… · cessation of mineral working.”...

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Transcript of APPLICATION NO: 13/0012/CWMAJM DISTRICT REF: … it… · cessation of mineral working.”...